Date: Fri, 31 Mar 2000 20:03:00 -0700 From: r.destephens@WORLDNET.ATT.NET (Richard DeStephens) Subject: NRA's Position Paper To: AZRKBA@asu.edu
This is the whole enchilada of the paragraph I sent earlier. The following is written by NRA lobbyist Darren LaSorte.
Rick
National Rifle Association of America Institute for Legislative Action 11250 Waples Mill Road Fairfax, Virginia 22030-7400 (703) 267-1000March 30, 2000
Representative House of Representatives 1700 W. Washington Phoenix, AZ 85007
Dear Representative:
I am writing to request your support of House Bill 2095, Firearms Preemption, in final read. There has been a great deal of confusion about the Senate-amended bill among the gun owning community. The clear fact of the matter is that the legislation, while not everything we initially requested, represents an enormous step forward for the rights of current and prospective gun owners in the state.
In addition to those who are confused about what the bill is and is not doing, there are those who would forsake this significant stride because compromise was necessary. These people stand in the way of progress. Unfortunately, in todays political climate it is unrealistic to assume that the interests of law-abiding gun owners are going to be fully served. An amendment was necessary in the Senate to address the concerns of the Governor and key Senators. The bill would have died without the alterations.
HB 2095 became necessary after the Court of Appeals determined that the preemption law that passed in 1970 only prohibited the cities and counties from passing gun control laws that directly conflicted with state statue. Because Arizonas statutes are generally quiet regarding gun ownership, this leaves the cities and counties free to create serious mischief for the states gun owners. HB 2095 eliminates this local ability once and for all.
You should support HB 2095 because it:
? Specifies that cities and counties are prohibited from enacting any ordinance, rule or tax relating to firearms or ammunition. This will protect against 115 political subdivisions weaving an unmanageable web of local gun control laws that will ensnare citizens who have not criminal intent whatsoever. The bill unambiguously states that the Legislature is the single body that may determine firearms policy. As a point of interest, Californias citizens were subjected to 498 new gun control ordinances last year because the state has no preemption law.
? Authorizes citizens to defend themselves from criminal attack in city and county parks. Currently, many cities, including Phoenix and Tucson, strictly prohibit self-defense with a firearm in their parks. Pursuant to the Senate amendment that was necessary to ensure the bills success, political subdivisions may not prohibit CCW permit holders from carrying firearms in their parks. Carry by non-permit holders may be prohibited in parks of one square mile or less in area. In larger parks, carry may be limited only in improved or developed areas such as playgrounds and golf courses. There are a number of exceptions to the limitations that may be placed on firearms carry in parks. Campgrounds, trails, paths and roadways may not be designated as improved or developed areas for the purposes of prohibiting firearms possession.
? Requires cities and counties to store firearms if they prohibit armed citizens from entering buildings or vehicles. HB 2095 allows citizens to protect themselves from the door of the building to their vehicles. This storage requirement also prevents firearms from falling into criminal hands when vehicles are stolen because citizens will no longer be required to store their firearms in their vehicles while doing business in county and city buildings. Finally, those who choose to use public transportation are not rendered defenseless because cities may no longer demand that citizens leave their firearms at home.
? Protects firearms and ammunition businesses from discriminatory taxing and zoning policies. The tax protection specifies that any privilege or use tax (sales tax) that applies to firearms and ammunition must apply generally to all other items of tangible personal property. Gun Owners of America has misinterpreted this provision to mean that the bill allows cities and counties to tax guns and ammunition out of existence. The bill does precisely the opposite. The zoning protection directs political subdivisions to zone firearms and ammunition businesses in the same manner as all other commercial businesses.
The intent clause in the bill specifies that firearms regulation is of statewide concern and that the Legislature intends to limit the ability of political subdivisions to regulate firearms and ammunition. This will assist citizens who are required to bring a legal challenge against political subdivisions in the future.
The Senate amendment allows political subdivisions to implement an ordinance that restricts juvenile possession of firearms in the same manner as A.R.S. 13-3111, with bolstered exceptions. Of course, those jurisdictions that do not have concerns regarding juvenile firearms possession will not impose this ordinance. In addition, cities and counties are provided with the authority to regulate the discharge of firearms within their parks.
I sincerely appreciate your support of HB 2095. In an age when the principles of self-reliance and individual liberty seem to be waning in many other states, you can be proud to know that you did something to reverse this trend in Arizona. Please call me at (602) 686-7262 if you have any questions.
Sincerely,
Darren La Sorte State Liaison