Friday, January 15, 2010

Just a couple good things about living in Arizona

Earlier today, a new Arizona Senate Resolution was introduced with 17 cosponsors (more than half the senate), covering several areas of crime law, firearms laws, victims rights and other areas... Kind of a kitchen sink bill.... but a couple of nice provisions are in there including:

Sec. 3. Section 12-714, Arizona Revised Statutes, is amended to read:

START_STATUTE12-714. Actions against firearm manufacturers; prohibition; findings; definitions

A. A political subdivision of this state shall not commence a qualified civil liability action in any Arizona court.

B. The legislature finds that:

1. The citizens of this state have the right, under the second amendment to the United States Constitution and article 2 II, section 26 of the Arizona Constitution, to keep and bear arms.

2. Lawsuits have been commenced against the manufacturers, distributors, dealers and importers of nondefective firearms for the harm caused by the misuse of firearms by third parties, including criminals.

3. Businesses in the United States that are engaged in the lawful sale to the public of firearms or ammunition are not, and should not be liable for the harm caused by those who unlawfully misuse firearms or ammunition.

4. The possibility of imposing liability on an entire industry for harm that is the sole responsibility of others is an abuse of the legal system, threatens the diminution of a basic constitutional right and constitutes an unreasonable burden on the free enterprise system.

5. The liability actions commenced by political subdivisions are based on theories without foundation in the common law and American jurisprudence. Such an expansion of liability would constitute a deprivation of the rights, privileges and immunities guaranteed to citizens of this state under both the Constitution of Arizona and the United States Constitution.

Now that would be good enough... but it gets even better... the sections in red below are deletions:

Sec. 6. Section 13-3102, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3102. Misconduct involving weapons; defenses; classification; definitions

A. A person commits misconduct involving weapons by knowingly:

1. Carrying a deadly weapon without a permit pursuant to section 13‑3112 except a pocket knife concealed on his person; or

2. Carrying a deadly weapon without a permit pursuant to section 13‑3112 concealed within immediate control of any person in or on a means of transportation; or

So yes, that means it would no longer be a crime to carry concealed without a permit in this state.

It's a big bill, the full text is posted here, and it includes a number of other very gun friendly provisions. Given the number of cosponsors it looks like it's going to pass at least the senate (we have a bicameral legislature here, 30 in the senate - 28 republican - and 60 in the house - 35 republican - so it will still have to pass the house, but it's likely to), and if it does pass both houses, it's likely the governor will sign it.

The only holdup is an administrative issue, in that we cant address any other bills until we pass a budget, and that seems unlikely to happen any time soon, given the state is completely bankrupt.

It's still more complicated and restrictive than it should be, but it shows that sometimes, you really can take freedom back without the bloody reset.