HB 2389 ~ Misconduct Involving Weapons; Means; Transportation

From the Arizona Citizens Defense League:

HB 2389 would make changes to Arizona law regarding carrying a concealed weapon in a vehicle. Current law states that, without a concealed weapons (CCW) permit, it is permissible to carry a weapon or weapons ".in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation."

Unfortunately, in 1994 an Arizona Appellate court decision determined that "within a means of transportation" meant it must be obvious under ordinary observation to someone outside the vehicle that there is a weapon inside the vehicle. This created conflicts interpreting the statute. As a result:

. Wearing a holstered firearm within a vehicle = concealed carry, requiring a CCW permit. But, that same holstered firearm in a map pocket, trunk or glove compartment, equally accessible by a vehicle's occupants, does not require a CCW permit.

. Possessing a concealed weapons permit and being armed may put other occupants in the vehicle, who do not possess a CCW permit, at risk of arrest because of their proximity to your firearm. Yet, if that same weapon were in a map pocket, trunk or glove compartment accessible by all the vehicle's occupants, no crime is committed.

The proposed language clarifies that it permissible to carry a weapon, visibly or concealed, anywhere within a means of transportation, excluding public transit. Much like the states of New Mexico and Texas, it would be legal for any law abiding citizen to carry anywhere inside a vehicle without the need of a permit, just like it currently is inside their own home or business, eliminating the confusing hodgepodge of lawful and unlawful places currently listed in statute. This would benefit both law enforcement and the law-abiding, making the law clear and rational, not subject to confusing roadside interpretations.

Dave Kopp
President
Arizona Citizens Defense League
P.O. Box 10325
Glendale, AZ 85318
Email: president@azcdl.org
Web site: http://www.azcdl.org/
Phone/Fax: 623-594-8521
Mobile: 623-670-3516