HB 2764: sentencing; concealed weapons permit; surrender

Sponsor:   Representative Friese, LD 9

House Engrossed

Overview

Requires a defendant to surrender their concealed weapons permit (CWP) if the conviction makes the defendant a prohibited possessor or unqualified to possess a CWP or is found to be a credible threat and served with an order of protection.

History

If, at the time of sentencing, the court is of the opinion that a sentence is clearly excessive, the court can enter a special order allowing the person sentenced to petition the Board of Executive Clemency for a commutation of sentence within 90 days after the person is committed to the custody of the Arizona Department of Corrections. Additionally, if the court enters a special-order regarding commutation, the court is required to set, in writing, its specific reason for concluding that the sentence is clearly excessive. The court is then required to allow both the state and victim to submit a written statement on the matter. After the statements have been received, the court's order, the reason for its order and the statements must be sent to the Board of Executive Clemency (A.R.S.   13-603).

If the court issues an order of protection and finds that the defendant is a credible threat to physical safety of the plaintiff or other designated persons, a defendant is prohibited from possessing or purchasing a firearm during the time of the order of protection. If the defendant is prohibited by the courts to possess a firearm, the court is required to order the defendant to transfer any owned or possessed firearms immediately after service of the order of protection to the appropriate law enforcement agency for the duration of the order of protection (A.R.S.   13-3602).

Provisions

Prohibited or Unqualified Possessor

1.   Directs the court to inquire whether a defendant possesses a CWP and, if the defendant's conviction results in the defendant being a prohibited or unqualified possessor of a CWP, require the defendant to:

a)   Surrender the permit at the time of sentencing; or

b)   Submitting an affidavit declaring that the CWP is lost. (Sec. 1)

2.   Requires the court to order the permit revoked and to notify the Department of Public Safety (DPS) that the defendant's CWP is revoked if the defendant does not surrender the CWP at the time of sentencing. (Sec. 1)

3.   Instructs the probation department to locate the defendant and seize the defendant's CWP if the defendant is placed on probation and has not submitted an affidavit declaring the CWP lost or does not surrender the CWP after the permit is revoked. (Sec. 1)

4.   Directs the probation department to transfer the surrendered or seized permit to DPS. (Sec. 1)

Possessor Served with an Order of Protection

5.   Directs the court, if the court prohibits a defendant from possessing or purchasing a firearm for the duration of the order after holding a hearing, to inquire whether the defendant possesses a CWP and revoke the defendant's CWP if:

a)   The court finds the defendant to be a credible threat to the physical safety of the plaintiff or other designated persons; and

b)   The court issues an order of protection on the defendant. (Sec. 2)

6.   Requires the court to order the defendant to surrender their CWP or submit an affidavit declaring that the CWP is lost to DPS within three business days after the date of the hearing that was held. (Sec. 2)

7.   Instructs the court to notify DPS that the defendant's CWP is revoked. (Sec. 2)

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