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CCW For Kansas!: The Kansas House followed the Senate and voted to
override the veto of this year's bill to create licensed CCW. (Only
three states now lack a statutory basis for private citizens to carry
concealed firearms, even if a few of the states ignore it.)
http://www.kansascity.com/mld/kansascity/14169014.htm
---
Bradys Ignored By Delaware House Committee: Legislation to make Delaware
a shall-issue state cleared a House committee Wednesday despite strong
opposition from police chiefs, clergy members and James and Sarah Brady.
The bill already has enough sponsors to clear both the House and Senate.
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20060323/NEWS/603230338/-1/NEWS01
---
Illinois Governor Steps Up Push For "AWB": Blagojevich seeks to use his
calls for a state ban on cosmetically impaired firearms against his
Republican challenger, who seems to have her rhetoric in order.
http://cbs2chicago.com/topstories/local_story_082193834.html
---
Tennessee County Nixes Firearm Safety Course Popular In Other Schools: A
hunting and firearms safety course for sixth-graders that got shot down
at a Smith County elementary school is regularly offered in a handful of
Middle Tennessee districts including Hickman, Rutherford, Sumner and
Wilson counties.
http://www.dicksonherald.com/apps/pbcs.dll/article?AID=/20060323/NEWS04/603230403/1297/MTCN02
---
Rule Five Reminder: A Michigan State Police Trooper's loaded handgun is
now back in safe hands after being discovered in a stall at the Burger
King on 9th Street in Texas Township near Kalamazoo. (Rule Five:
Maintain control of your firearm.)
http://www.wwmt.com/engine.pl?station=wwmt&id=24803&template=breakout_local.html
---
Prohibitionists Honor Police Chief Who Lost Handgun: On the day that the
Pacific Northwest's most extreme anti-gun rights organization plans to
honor Seattle Police Chief Gil Kerlikowske, the Citizens Committee for
the Right to Keep and Bear Arms (CCRKBA) is asking why.
http://releases.usnewswire.com/GetRelease.asp?id=62862
---
No Indictment In Easton SWAT Shooting Death: British report on the
refusal of the grand jury to indict the Pennsylvania SWAT officer who
unintentionally shot a partner in the police station reveals how the
shooting occurred. (Don't grab for dropped guns - let them fall to the
ground or floor.)
http://www.guardian.co.uk/worldlatest/story/0,,-5704554,00.html
---
Off-Duty Carry Dispute Heads To Court: The 2006 San Diego County Fair
opens June 10, and still unresolved is whether off-duty law enforcement
officers can carry their weapons inside the fairgrounds. The dispute,
which began last summer, is headed for trial in federal court if an
agreement isn't reached by the fair's start.
http://www.signonsandiego.com/news/northcounty/20060323-9999-2m23guns.html
---
Oregon Dealer Sues BATFE Over License: A legally blind gun dealer in
Oregon has incurred the animosity of the BATFE, which has declared his
FFL invalid because he incorporated his business after it was issued.
http://www.mailtribune.com/archive/2006/0323/biz/stories/01biz.htm
---
Bringing A Keyring To A Knife Fight: A Tucson man, the object of a
carjacking at knifepoint, flung a keyring containing more than 50 keys
into the face of the robber. The robber's channel was changed
sufficiently to cause him to flee.
http://www.tucsoncitizen.com/news/local/032306a4_keytossbrite
---
From The Firearms Coalition:
Congratulations to Kansas for joining the ranks of States that recognize
lawful concealed carry. The State Senate voted for the override by 30
to 10, a margin of three votes. The State House vote was 91 to 33,
seven votes over the two-thirds required to override the veto. The law
goes into effect on July 1, 2007.
Friend Bob Hodgdon tells us that Governor Sebelius worked the phones
furiously, calling every outstanding marker she could rustle up to have
her veto sustained, but to no avail. This is the second time Sebelius
has vetoed a CCW bill. Her predecessor, Republican Bill Graves, vetoed
a similar bill in 1997.
It's interesting to look at the party mix of the vote. Thirteen of 83
Republicans -- 16 percent -- voted to sustain the Democrat's veto, while
21 of 42 Democrats voted to override their own party's veto. That's a
sigificant breakdown of party discipline on the Democrats' side. It's
certainly not helpful to Sebelius's long-term plans. She has been
mentioned as a potential candidate for national office, perhaps even
President -- a political point that may helped the CCW cause. The
Republicans may have found it easier to vote to override her veto
knowing that they could be sticking a pin in her ambitions.
Regardless of the reasons why, the veto has been overriden and the bill
will become law. Congratulations, Kansas! We consider this CCW permit
is a good first step and look forward to further restoration of Second
Amendment rights.
For the Second Amendment,
Chris Knox
---
From CCRKBA:
NEWS RELEASE
CCRKBA CONGRATULATES JOURNEY, KANSAS LEGISLATURE ON CONCEALED CARRY OVERRIDE
BELLEVUE, WA - The Citizens Committee for the Right to Keep and Bear
Arms (CCRKBA) congratulated Kansas lawmakers, and particularly State
Sen. Phil Journey, for today's override of Gov. Kathleen Sebelius' veto
of the state's concealed carry legislation.
Kansas becomes the 39th state where any law-abiding citizen will now be
able to carry firearms for their personal protection. Citizens in eight
other states are subject to police or judicial discretion. Only
Nebraska, Wisconsin and Illinois still have no provision, and Nebraska
is very close to passing a law. The Senate override vote went 30-10
against the governor's veto, and earlier today, the House voted 91-33 to
override.
"We're proud of Kansas lawmakers in both parties who stood firm and
acted swiftly to override the veto," said CCRKBA Chairman Alan M.
Gottlieb. "Henceforth, the citizens of Kansas will enjoy the same
protection from crime as Americans in neighboring states. Senator Phil
Journey is to be especially congratulated for his perseverance. He did a
fine job of spearheading this effort."
"The vote in Kansas," added CCRKBA Executive Director Joe Waldron,
"proves that it is possible for reasonable legislators on both sides of
the aisle to work together for the common good. The Kansas law is a
good, sensible step, and we are confident that before very long, the
public will see just how well concealed carry works and how responsible
licensed citizens are. It will also prove just how preposterous the
arguments against concealed carry really were, and that the hysteria was
simply wrong.
"It is unfortunate that Gov. Sebelius felt compelled to veto this
legislation," Waldron observed. "She's going to have to explain to
Kansas voters why she believes they are less responsible with their own
safety than their neighbors in Oklahoma, Colorado and Missouri, and
citizens in more than 40 other states."
"While this law takes effect July 1," Gottlieb concluded, "we're hopeful
that the attorney general's office does not take another six months to
work out the details of the licensing process. Kansas citizens have
earned this. They deserve swift implementation of the law."
---
From AZ DPS CWPU:
Greetings again. FYI - Another important piece of legislation has also
progressed through the legislature, SB 1145. This is a "castle doctrine"
bill that restores the justification burden of proof on the government.
The bill made it out of the Senate and is now in the House. Again, let
your senators know how you feel about this bill. A link to the bill is
as follows:
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=SB1145
Here is the latest fact sheet:
House of Representatives
SB 1145
self-defense; home protection
Sponsors: Senator Bee, Senator Allen, Senator Burns, et al.
|------+ -------------------------|
| DPA |Committee on Judiciary | |
|------+ -------------------------|
| X |Caucus and COW | |
|------+-------------------------------------+-------------------------|
| |As Engrossed and As Passed the House |This bill as introduced |
| | |contains an Emergency |
| | |clause. |
|------+-------------------------------------+-------------------------|
SB 1145 creates a new justification for the use of physical and
deadly physical force, and requires the state to prove beyond a
reasonable doubt that a defendant did not act with justification if
the defendant presents any evidence of self-defense.
History
A.R.S. � 13-105 defines physical force as force used upon or
directed toward the body of another person, including confinement but
not including deadly physical force. Deadly physical force is defined
as force used with
the purpose of causing death or serious physical injury or in the manner
it is used it is capable of creating a substantial risk of causing
death or serious physical injury.
A.R.S. Title 13, Chapter 4 governs the justification of the use of force
in different situations. A person is justified in using or
threatening deadly physical force when and to the extent a
reasonable person would believe that physical or deadly physical force
is immediately necessary to protect himself against the other's use
of unlawful physical or deadly
physical force (A.R.S. � 13-405). Additionally, a person is justified
in threatening or using physical or deadly physical force against
another to protect a third person if:
1. Under the circumstances, the person would be justified in
threatening or using physical force or deadly physical force to
protect himself against the unlawful physical force or deadly
physical force a reasonable person would believe is threatening the
third person, and
2. A reasonable person would believe that intervention is
immediately necessary to protect the third person (A.R.S. � 13-406).
A person is also justified in using/threatening both physical and deadly
force if the person believes that the force is immediately necessary to
prevent the other person's commission of a specific list of offenses
(A.R.S. � 13-411). This section states that there is no duty to retreat
before threatening or using force and a person is presumed to be acting
reasonably if he is acting to prevent the commission of any of the
enumerated offenses.
Provisions
� Justifies a person in using both physical and deadly physical
force against another if the person reasonably believes himself or
another to be in imminent peril of death or serious injury and:
� The person that force is being used against was in the
process of unlawfully or forcefully entering a dwelling, residence or
occupied vehicle or was attempting to remove another person against
the person's will from the dwelling, residence or occupied vehicle.
� Applies the presumptions contained in the bill to the
following self-defense statutes:
- A.R.S. � 13-404 Justification; self-defense
- A.R.S. � 13-405 Justification; use of deadly physical
force
- A.R.S. � 13-406 Justification; defense of a third party
- A.R.S. � 13-407 Justification; use of physical force in
defense of premises
- A.R.S. � 13-408 Justification; use of physical force in
defense of property
- A.R.S. � 13-418 Justification; use of force in defense of
dwelling, residence or occupied motor vehicles
� Presumes that a person is acting reasonably if the person is
acting against another who unlawfully or forcefully entered the person's
dwelling, residence or occupied vehicle.
� States that this presumption does not apply if:
� The person force was used against:
� Had the right to be in/was the lawful resident of the
dwelling, residence or vehicle.
� Was the parent/grandparent/legal guardian of a child being
removed from the dwelling, residence or occupied vehicle.
� Is a law enforcement officer entering/attempting to enter a
dwelling, residence or occupied vehicle.
� The person using physical or deadly physical force:
� Is engaged in unlawful activity.
� States that a person has no duty to retreat before
threatening/using physical or deadly physical force.
� States that justification defenses are not affirmative
defenses.
� Requires the state to prove beyond a reasonable doubt that
the defendant did not act with justification under the self-defense
statutes if the defendant presents any evidence of justification.
� Requires the court to award attorney fees, costs,
compensation for lost income and expenses incurred by the defendant in a
civil action if the court finds the defendant is immune from
prosecution.
� Makes other technical and conforming changes.
� Contains an emergency clause.
Amendments
Judiciary
� Clarifies within the existing use of force in crime
prevention statute that the statute is not limited to situations where
the home, contents of the home or residents of the home are being
protected by the use of force. The accompanying intent language from
1983 is also stricken.
� Deletes the language in the bill regarding court costs. This
language is transferred into a separate section and states that the
court shall award reasonable costs in the defense of any civil action
based on conduct justified by this section if the defendant prevails in
the civil action.
� Strikes references throughout the bill to "dwelling" &
"residence" and replaces them with "residential structure" which is
already defined in statute.
� Strikes "serious bodily injury" and replaces it with "serious
physical injury," which is defined in statute.
---------- DOCUMENT FOOTER ---------
Forty-seventh Legislature
Second Regular Session 2 March 17, 2006
Greetings again (again)! The CWPU unit has recently determined that a
Federal Flight Deck Officer meets the qualifications needed to receive
the law enforcement exemption from training for the initial issuance of
an AZ CCW permit. Although their authority and jurisdiction is extremely
limited (the flight deck), they are "deputized as a federal law
enforcement officer" and have completed a 26 hour course of instruction.
Note: This determination only pertains to CCW permits and not LEOSA -
their status is not likely sufficient to qualify for nationwide carry as
a law enforcement officer under LEOSA (in case anyone asks).
Please pass this information on to all of your instructors.
Regards,
Detective Russ Hamilton
AZ DPS Concealed Weapon Permit Unit
(602) 256-6280
(602) 223-2708
(800) 256-6280 (In Arizona only)
(602) 223-2928 Fax
www.azdps.gov/ccw/default.asp
--
Stephen P. Wenger
Firearm safety - It's a matter
for education, not legislation.
http://www.spw-duf.info
