Update: Armed and Dangerous Arizona

Posted by AzBlueMeanie:

We told you about the "happiness is a warm gun" bills drafted by Sen. Russell Pearce earlier this year, here Armed and Dangerous Arizona and here Gun Crazy in Arizona.

Last Friday, on the anniversary of the Virginia Tech massacre no less, the Accidental Governor signed into law Russell Pearce's latest bad idea. Arizona to allow concealed weapons without permit:

Gov. Jan Brewer signed Senate Bill 1108 into law Friday afternoon. It eliminates the requirement for a concealed-carry weapons permit, but does require gun owners to accurately answer if an officer asks them if they are carrying weapon concealed. It also allows officers to temporarily confiscate a weapon while they are talking to an individual, including during a traffic stop.

[What could possibly go wrong?]

"I believe strongly in the individual rights and responsibilities of a free society, and as governor I have pledged a solemn and important oath to protect and defend the Constitution," Brewer said in a news release. "I believe this legislation not only protects the Second Amendment rights of Arizona citizens, but restores those rights as well."

[Permits would still be needed in order to carry a weapon into a restaurant or bar that serves alcohol.]

The law goes into effect 90 days after the Legislature adjourns for this session, which could happen in the next couple of weeks.

Arizona joins Vermont and Alaska in not requiring such permits.

"If you want to carry concealed, and you have no criminal history, you are a good guy, you can do it," bill sponsor Sen. Russell Pearce, R-Mesa, has said of his bill. "It's a freedom that poses no threat to the public."

Oh really? I've got news for you, people with a criminal history who are bad guys can also do it. People can purchase a gun in a private sale or at gun shows without any federal Brady criminal background check. This is a legal purchase, even though gun dealers are supposed to "terminate" a sale to someone they suspect has a criminal background or intent, or is making a straw-man purchase for someone else. Yeah, that's going to stand in their way of turning a profit.

In October 2009, New York Mayor Michael Bloomberg issued a 36-page report by undercover investigators working on behalf of the New York City mayor's office detailing how they repeatedly bought guns from unlicensed dealers at gun shows even though they disclosed they probably couldn't pass a background check. Investigators Document Repeat Illegal Sales at Gun Shows – washingtonpost.com:

It also tested licensed dealers at the same shows to see if they would sell to a gun to a person who was buying the weapon for someone else, or what is called a "straw purchase." Combined, 74 percent of the sellers failed the integrity tests, the mayor's office said.

[Overall, 19 of the 30 private sellers failed the integrity test, and 16 out of 17 licensed dealers "willingly sold to an apparent straw purchaser."]

* * *

The report, titled "Gun Show Undercover: Report on Illegal Sales at Gun Shows," details how private investigators on behalf of the mayor's office found "it is both feasible and easy for criminals to illegally buy guns at gun shows."

Bloomberg's report cites ATF figures from 1999 that found 30 percent of the guns involved in trafficking investigations were linked somehow to gun shows. "By closing the gun show loophole and enhancing enforcement, the federal government can dramatically reduce the criminal activity at gun shows," the report says.

* * *

The report is the second undercover initiative by Bloomberg's office in recent years. In 2006, investigators working for Bloomberg conducted simulated "straw purchase" operations at licensed firearms dealers along the East Coast. The city sued 27 licensed dealers in five states, arguing that dealers' sales practices were negligent and contributed to gun-related crime in New York City. The undercover tactics were controversial, but most of the dealers entered into settlements and are under court oversight.

* * *

In most states, private individuals selling firearms at gun shows do not face the same regulations as a licensed firearms dealer — the private sellers are exempt from background check requirements and do not have to keep records of the transactions. By law, however, they cannot sell to a person who they have reason to believe is prohibited from buying a weapon.

* * *

The report is the second in recent weeks to explore firearms dealing at gun shows.

Last month, a 300-page report called "Inside Gun Shows: What Goes On When Everybody Thinks Nobody's Watching" was published by the University of California at Davis Violence Prevention Research Program. Researchers visited 78 gun shows in 19 states between 2005 and 2008, documenting with photographs and video what they said were straw purchases and undocumented private-party sales.

"Illegal transactions were often conducted entirely out in the open," said Garen Wintemute, who authored the report. "The sense of impunity among sellers and purchasers was remarkable."

So let's review. Criminals and gang-bangers can purchase a gun legally in a private sale or at a gun show without any Brady criminal background check at all, and thanks to Russell Pearce, may legally conceal that weapon without any permit or background check. They are flying under law enforcement radar.

The concealed weapon permit law has been an effective tool for arresting criminals and gang-bangers concealing a weapon without a permit. That tool is now lost to law enforcement. From now on when a law enforcement officer is shot and killed we should say that he has been "Russell Pearced."

What are some of the other consequences of this bill? "The permits generated $1.8 million in revenue last fiscal year, according to DPS. The money is used to help cover costs for enforcing laws related to the Highway Patrol, operating the concealed-carry weapon-licensing program and impounding vehicles." There is another potential $1.8 million dollar hole in the state budget.

For those who do choose to get a concealed carry permit – so they can carry in bars and restaurants – the education requirements change under the new law. "Classes are no longer required to be a set number of hours or include any hands-on use of the weapon. Those who don't get a permit would not be required to get any training or education."

"Retired Mesa police officer Dan Furbee runs a business teaching permit and other gun safety classes. He said if most people choose not to get a permit, it will put several hundred Arizona firearms instructors out of business." Putting small businesses out of business and adding to unemployment. Just great.

[Furbee] said what really concerns him is that the new law will allow people who have had no education about Arizona's laws and no training on the shooting range to carry a concealed gun. The eight-hour class currently required to get a permit includes information on state law and gun safety, as well as requires students to be able to hit a target 14 out of 20 times. Furbee said his class at Mesa-based Ultimate Accessories costs $79, plus $60 for the five-year permit.

"I fully agree that we have a right to keep and bear arms," Furbee said. "But if you are not responsible enough to take a class and learn the laws, you are worse than part of the problem."

He said it's not uncommon for students to walk into his classroom and pull a new gun out of a box with no idea how to hold it and no understanding of the laws surrounding it.

"If you are going to carry a concealed weapon, you should have some kind of training and show that you are at least competent to know how the gun works and be able to hit a target," he said. "You owe the people around you a measure of responsibility."

Some gun dealers worry that the new law will lead some Arizonans to carry a concealed weapon without knowing how to use it or knowing the laws that come into play the second they pull out a gun. Under existing law, applicants for a concealed-carry permit must take an eight-hour course, take a shooting test and submit to a background check. Dealers cite pros, cons of concealed weapon law:

The results of removing that requirement could be disastrous for uneducated gun owners and those around them, said Douglas MacKinlay, owner of Diamondback Police Supply, 170 S. Kolb Road.

"While I do believe in the right to own firearms, it also comes with tremendous responsibility, and part of that responsibility is knowledge. Without knowledge, problems arise," he said.

Do you feel safer? I know I don't. Yahoos with no safety training, no education in Arizona law regarding the use of deadly force, and no firearms proficiency training are going to be carrying concealed weapons living out their "Superman" fantasy that they are going to protect others from criminals. These Barney Fifes will be lucky if they don't shoot themselves.

The bill signing came on the anniversary of the 2007 shooting at Virginia Tech, where a gunman killed 32 students before turning his gun on himself. Brewer signs concealed-gun bill:

Sen. Russell Pearce, R-Mesa, the architect of this legislation, said that's only appropriate.

"Somebody could have saved those students if it had not been for government restrictions," he said, calling the massacre "the result of gun laws that restrict citizens."

There is not one real-life example Sen. Pearce can point to in support of this old canard. By the way, it is not clear to me where Sen. Jack Harper's Strike Everything Amendment to SB 1014, permitting college faculty members to carry concealed weapons, is currently in the legislative process.

The new law applies only to those at least 21 years old. And concealed-carry permits are not available to those who are younger.

Anyone younger than 21 would still be prohibited from carrying a concealed firearm on property that does not belong to that person, a parent, grandparent or legal guardian.

So what's next, Sen. Pearce? Eliminating the last vestiges of any restrictions on firearms in Arizona by eliminating the age restriction so we can all enjoy "Kidz with Gunz"?

h/t zaiusnation.blogspot.com