ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
misconduct involving weapons; public places
Purpose
Allows a person who has a permit to carry a concealed weapon (CCW permit) to knowingly enter a public establishment or attend a public event while carrying a deadly weapon, with exceptions.
Background
A person commits misconduct involving weapons by knowingly entering a public establishment or attending a public event while carrying a deadly weapon after a reasonable request by the operator of the establishment or sponsor of the event to remove the weapon and place it in temporary and secure storage, as outlined. This prohibition does not apply to persons specifically authorized by law to possess the deadly weapon in public establishments or public events. A violation is a class 1 misdemeanor (A.R.S. 13-3102).
A public establishment is defined as a structure, vehicle or craft that is owned, leased or operated by the state or a political subdivision of the state. A public event is a specifically named or sponsored event of limited duration that is either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity. A public event does not include an unsponsored gathering of people in a public place.
According to the JLBC fiscal note, the Arizona Department of Administration (ADOA) estimates that the bill would cost between $3.4 million and $6.3 million in the first year and $3.3 million and $6.2 million for each year thereafter to provide security at two to four doors per building for all ADOA managed buildings within its Building System without such security currently. The estimate assumes that all ADOA Building System agencies would not allow permitted firearm carriers in their buildings.
Provisions
1. Exempts from the offense of knowingly entering a public establishment or attending a public event while carrying a deadly weapon, a person who is in a public establishment or at a public event and who possesses a valid CCW permit.
2. Provides that the exemption does not:
a) apply to a public establishment or public event that is a secured facility;
b) apply to the licensed premises of a public establishment or public event with a liquor license;
c) apply to a state, county or municipal judicial department, prosecutorial office or facility, law enforcement agency or correctional facility;
d) apply to an area where firearm possession is prohibited by federal law;
e) apply to an educational institution;
f) apply to a community college district or a university under the jurisdiction of the Arizona Board of Regents;
g) apply to facilities operated by the Arizona State Hospital or facility operated by a special health care district;
h) apply to a public establishment that is a vehicle or craft;
i) relieve or limit an operator of a public establishment or a sponsor of a public event from existing statutory requirements; or
j) limit, restrict or prohibit the rights of a private property owner, private tenant, private employer or private business entity.
3. Defines secured facility.
4. Becomes effective on the general effective date.
House Action
GE 2/10/21 DPA 7-6-0-0
3rd Read 2/24/21 31-29-0
Prepared by Senate Research
March 16, 2021
JA/gs