Volume 2024, Issue 1 – February 2024
Legislative Session, 2024 Edition
The 2024 legislative session is well underway and already over 1,400 bills have been introduced. Most of them do not directly affect firearm owners but the usual suspects have introduced the usual large batch of anti-freedom bills and AzCDL is, of course, tracking and opposing each one of them. Beginning on page 2 is a list of many of the bills that AzCDL is working this session. You can review the full list on the Bill Tracking page of the AzCDL web site: <https://azcdl.org/bill-tracking/>.
One of the advantages of having a majority of pro-freedom officials in the legislature is that they control the agendas of both the House of Representatives and the Senate, as well as the chairmanship of the various committees to which bills will be assigned. If the leadership of either body wants to kill an anti-freedom bill, for example, they can either assign it to a large number of committees or to none at all. Assigning it to too many committees means that it can never make it through the review process in time to meet the deadline for bills moving to the other chamber while assigning it to none means it never gets any votes to move forward.
Committee chairs also have great authority when it comes to bills assigned to their committees. A strong pro-freedom legislator such as Quang Nguyen, who chairs the House Judiciary Committee, can kill bills simply by never scheduling them to be heard by the committee. Mr. Nguyen has vowed to do just that to all of the anti-freeom bills introduced by Representative Longdon once again this year.
Losing that majority would be disastrous for firearms owners as the anti-freedom forces would then have the power to kill pro-freedom bills in the same manner. There is only a 1-vote pro-freedom majority in each chamber of the state legislature, so just one seat flipped in each would make that nightmare a reality.
As you read in the November, 2023 newsletter, the governor has a $1.5 million war chest and intends to use it make that flip happen. Couple that with the recent resignations in the legislature (see Copper Dome Update, page 3) and you can see that this is a precarious time for those that respect your right to keep and bear arms.
It is vital that we maintain and grow the pro-freedom majority in the state legislature!
As bills begin making their way through the committee process you’ll start to see Action Alerts from AzCDL asking you to contact your legislators to either support or oppose various bills. The Request to Speak (RTS) <https://apps.azleg.gov/> system is the most effective tool for doing that at the committee level. If you don’t already have an RTS account or your account is inactive, please visit the AzCDL web site <https://azcdl.org/rts/> to request one so you’ll be ready when the time comes.
Later in the session, when bills go back to the entire House or Senate for final votes, the RTS system isn’t used so, as usual, we’ll be sending Action Alerts for you to e-mail your legislators. As always, we’ll prepare pre-written messages that you can send with the click of a button or you can edit them to use your own words.
Don’t forget that midway through the session, all of the bills that originated in the House of Representatives will move to the Senate and those from the Senate will move to the House. After that happens, the entire process begins over again.
Buckle up, it’s going to be another wild ride!
–Michael Gibbs
AzCDL President
Legislation on Our Radar
Good Bills Introduced
AzCDL supports these pro-freedom bills
HCR2011 – Contracts; prohibited practices.
Rep. Quang H. Nguyen (R)
Position: Support
The 2024 general election ballot is to carry the question of whether to amend Title 35, Chapter 2, Article 4 to prohibit a “public entity” from entering into a contract with a value of over $100,000 with a “company” for goods or services unless the contract stipulates via written certification that it will not “discriminate” against a “firearm” entity or firearm trade association This excludes a sole source contract or if the company does not receive a responsive bid from a company that is able to provide the written certification or contracts entered into before the effective date.
Amending Title 35, Chapter 2, Article 4 to prevent discrimination against firearm entities in public contracts is crucial for ensuring fairness and neutrality in government procurement processes. By requiring companies to certify that they will not discriminate against firearm entities or trade associations, this amendment promotes equal treatment in commerce, upholding the principles of free market competition. Moreover, the provision to repeal this amendment by 2033 allows for future reassessment, ensuring that the policy remains relevant and effective in the evolving commercial and legal landscape.
SB1156 – Concealed weapons; notice; repeal
Sen. Janae Shamp (R)
Position: Support
A “restaurant carry” bill that would allow CCW permit holders to carry a firearm in an establishment that serves alcohol provided the carrier does not drink.
AzCDL supports this bill for several reasons. It allows individuals who have earned a CCW permit while emphasizing responsible gun ownership and use. It strikes a balance between the right to bear arms and public safety concerns. The presence of law-abiding citizens carrying firearms acts as a deterrent to potential criminals, as they cannot be certain who might be armed.
SB1189 – Political subdivisions; gun shows; preemption
Sen. Justine Wadsack (R)
Position: Support
SB1189 would prevent cities and counties from enacting their own regulations regarding gun shows.
SB1189 ensures a consistent, statewide approach to the regulation of firearms, avoiding a patchwork of local ordinances that could create confusion and inconsistency for responsible gun owners. Additionally, the prohibition against local restrictions on gun shows protects lawful commerce and the cultural tradition of gun ownership, allowing for the continued exchange and discussion of firearms and related activities in a safe and regulated environment.
SB1198 – Disruption; educational institution; concealed weapon
Sen. Wendy Rogers (R)
Position: Support
The “campus carry” bill, SB1198 would prevent universities, colleges and other institutions from enacting rules prohibiting firearms on campus.
This bill recognizes the importance of upholding individual rights, specifically the rights of responsible and permitted individuals to carry concealed weapons for personal safety and security. It ensures a consistent application of state firearm laws across educational institutions.
SCR1007 – Firearms; contracts; prohibited practices
Sen. Frank Carroll (R)
Position: Support
Senate version of HCR2011.
Bad Bills Being Tracked
AzCDL opposes these anti-freedom bills
HB2221 – Firearm purchases; waiting period; offense
Rep. Jennifer L. Longdon (D)
Position: Oppose
Mandates a 3-day waiting period when purchasing a firearm. Designates violation of this law as a Class 6 felony.
A mandatory waiting period is an unnecessary delay in exercising the right to keep and bear arms and, as we know, a right delayed is a right denied. For individuals seeking to purchase a firearm for self-defense, a mandatory waiting period could delay their ability to protect themselves and their families, especially in urgent situations.
HB2222 – Firearm sales; transfers; background checks
Rep. Jennifer L. Longdon (D)
Position: Oppose
Requires all firearm transfers be conducted through a licensed firearms dealer. Permits the firearms dealer to charge a fee for this service, not to exceed $20. Excludes gunsmiths, family members and antique firearms. Designates violation of this law to be a Class 5 Felony.
HB2223 – Sentencing; concealed weapons permits; surrender
Rep. Jennifer L. Longdon (D)
Position: Oppose
Designates those with a criminal conviction, or court ordered restraining or protective order a prohibited possessor. Sounds good on paper, but is rife for abuse with little recourse for those affected unjustifiably.
HB2224 – TPT; exemption; firearm storage devices
Rep. Jennifer L. Longdon (D)
Position: Oppose
Exemptions “safe firearm storage devices” from retail sales taxes.
Why would AzCDL oppose such a bill? The sponsor has made it clear that this bill is one component of a larger move to mandate “safe storage,” the implementation of which is burdensome and largely unenforceable.
HB2225 – Patient information; gun safety; appropriation
Rep. Jennifer L. Longdon (D)
Position: Oppose
Requires physicians, nurses, and assistants that provide infant and pediatric care to inform the parent or guardian of gun safety measures in the home and the risks associated with children that find guns. Directs the ADHS to create and publish pamphlets and appropriates $250,000 from the general fund to do so.
HB2233 – Firearms; ammunition; storage; civil penalty
Rep. Jennifer L. Longdon (D)
Position: Oppose
Prohibits the storage or possession of a firearm in any residence unless the owner of the firearm keeps the firearm and ammunition in a securely locked box, equips the firearm with a device that renders is inoperable without key or combination, or the owner carries the firearm or ammunition on their body or within reach. Assesses a civil penalty of at least $1,000 to anyone that violates this law. Entitles the law “Christian’s Law.”
AzCDL opposes “Christian’s Law” as it imposes unrealistic and restrictive storage requirements on responsible gun owners, compromising their ability to quickly access their firearms for self-defense. The imposition of a steep civil penalty is excessive and unfairly penalizes law-abiding citizens. Moreover, such stringent storage mandates fail to recognize the varied, individual needs for firearm accessibility and security, potentially endangering the lives and safety of homeowners in urgent situations.
HB2234 – Firearm transfers; domestic violence; offenses
Rep. Jennifer L. Longdon (D)
Position: Oppose
Similar to HB 2222 but includes those convicted of domestic violence if the offense involved a dangerous crime against children, offenses involving the use of physical force or the threat of a deadly weapon, or someone subject to an order of protection or similar law, provided the order was issued after the person received notice and had an opportunity to participate in the proceedings in the definition of “prohibited possessor.”
HB2235 – Justification; requirements
Rep. Jennifer L. Longdon (D)
Position: Oppose
Modifies the criteria for when the threat or use of physical force is not justified when the other person “knowingly engaged in conduct that was reasonably likely to provoke” the other’s use or attempted use of unlawful physical force. Prohibits the use of deadly force if a person knows that retreating can avoid necessity of using deadly force with complete safety. Repeals statute justifying the defensive display of a firearm.
HB2235 would return us to the bad old days when the state required you to abandon your home or vehicle when threatened.
HB2236 – State law; local violation; repeal
Rep. Jennifer L. Longdon (D)
Position: Oppose
Repeals all language requiring the Treasurer to withhold tax or fee monies from counties, cities or towns for violating, per the Attorney General, state law or the Constitution of Arizona.
Without enforcement mechanisms against political subdivisions that violate state law, there is no effective method to ensure compiance with state law.
HB2238 – Severe threat order of protection
Rep. Jennifer L. Longdon (D)
Position: Oppose
Gives the juvenile court exclusive original jurisdiction over proceedings where a respondent to a request for a Severe Threat Order is under 18 years of age. Allows a petition for a Severe Threat Order and the subsequent order to be disclosed only if the court orders a Severe Threat Order of Protection. Prohibits the subject of an ex parte Severe Threat Order and a Severe Threat Order from owning or possessing firearms.
HB2239 – Firearm sales; permit verification; requirements
Rep. Jennifer L. Longdon (D)
Position: Oppose
Appropriates $300,000 from the school safety interoperability fund in FY 2024 – 2025 to the Arizona Department of Public Safety (ADPS) for the cost of developing and maintaining a secure website portal that allows the verification of concealed carry permits. Requires the ADPS to maintain a secure website portal for federally licensed firearms dealers to check and verify the permit status of any person who presents a federally licensed firearms dealer with a concealed weapons permit issued per state law.
It’s easy to claim that a website or database is “secure,” but data breaches happen routinely and at all levels of business and government. Release of that type of personal information could be very dangerous for firearms owners.
HB2240 – Firearms dealers; firearms transfers; requirements
Rep. Jennifer L. Longdon (D)
Position: Oppose
Requires “firearms dealers” to take reasonable measures to prevent the transfer of firearms to “straw purchasers” by screening individuals for straw purchasers and firearms traffickers, including questioning all prospective transferees, maintaining and reviewing records of trace requests with indicators that the transfers might be supplying the criminal market, including identifying the names of transferees that purchased a firearm that was later traced to criminal conduct, verifying payment, limiting transfers to one every 30 days and prohibiting employees of firearms dealers from directing how transferees should answer any inquiries.
This bill would put the onus on firearm dealers to conduct what are really law-enforcement actions. The once-every-30-days provision is a severe imposition on responsible gun owners.
HB2398 – Prohibited weapon; bump-fire device; accessory
Rep. Quantá Crews (D)
Position: Oppose
Expands the definition of “prohibited weapon” to include a trigger crank, a bump-fire device, or any part, combination of parts, or accessory that is designed or functions to accelerate the rate of fire of a “semiautomatic rifle.”
This is a poorly written bill by a legislator who doesn’t understand current law. As of March 26, 2019, bump stock devices have been banned at the federal level. Why make a state statute when the federal law already does the same thing other than campaign support for reelection?
HB2566 – Firearm regulation; prohibition; repeal
Rep. Nancy Gutierrez (D)
Position: Oppose
Would remove statutes enabling the state’s preemption of local firearms laws and regulations (Section 13-3108.)
Passage of HB2566 would return us to the days of patchwork firearms laws in every municipality and county of the state.
HCR2010 – Firearm sales; transfers; background checks
Rep. Jennifer L. Longdon (D)
Position: Oppose
Refers a measure to the 2024 general election ballot on amending Section 1, Title 13, Chapter 31 by adding the requirement that a person may not sell or transfer a firearm unless they are a licensed firearm dealer, the purchaser or transferee is a licensed firearm dealer, or a licensed firearms dealer facilitates the transfer. The FFL would retain possession of the firearm until all legal requirements are met, including a background check. If a sale or transfer is not permitted the dealer is required to run a background check on the seller and if that return is not permissible, deliver the firearm to the nearest law enforcement agency within 24 hours. Violations of this section are designated to be Class 5 felonies.
AzCDL opposes the proposed amendment because it introduces stringent regulations that infringe on the constitutional right to keep and bear arms. The requirement for all transfers to go through a licensed dealer, even in many commonplace situations, could impose unnecessary burdens on lawful gun owners and sellers. Moreover, these measures may not effectively address the root causes of firearm misuse, and instead, unfairly penalize responsible gun owners.
HR2003 – Gun violence; public health crisis
Rep. Mariana Sandoval (D)
Position: Oppose
A resolution proclaiming that the Arizona House of Representatives recognizes “gun violence” as a public health crisis in this state and claims that Centers for Disease Control and Prevention statistics indicate more Americans died of gunshot injuries in 2021 than any other year on record. It claims this is a significant factor in increasing crime and death rates and lowering the quality of life in the state.
SB1134 – Justification; deadly force exceptions
Sen. Juan Mendez (D)
Position: Oppose
A watered-down version of HB2235, this bill would make it illegal to leave a “place of safety” when confronted with a threat or the use of deadly force by another.
SB1134 – Unlawful securing of firearms; minors
Sen. Lela Alston (D)
Position: Oppose
Criminalizes the act of a minor gaining access to a firearm due to an adult’s negligence in securing it. This includes mandates for locking the firearm away or disabling it with a trigger lock.
AzCDL opposes this bill as mandating firearm storage is an overreach infringing on the rights of responsible gun owners. It lacks clarity on what constitutes ‘reasonable steps’ for securing firearms, which could lead to arbitrary enforcement and legal uncertainties. Mandatory locking and disabling of firearms would impede the ability to use a firearms effectively in self-defense situations. Further, felony classifications, particularly in family incidents, could lead to unintended legal consequences for individuals already dealing with traumatic outcomes.
SB1418 – Firearms; destruction by state
Sen. Anna Hernandez (D)
Position: Oppose
In Brnovich v. City of Tucson, the Arizona Supreme Court ruled on a conflict between state law and a local ordinance regarding the destruction of firearms. The City of Tucson had an ordinance that allowed for the destruction of confiscated firearms, which was in direct opposition to a state law prohibiting such actions. The court sided with the state, reinforcing the principle that state law preempts municipal laws, particularly in the context of firearm regulation.
SB1421 – Duty to retreat; repeal
Sen. Anna Hernandez (D)
Position: Oppose
The bill attempts to repeal the constitutional right of individuals to defend themselves in their homes, vehicles and other lawful places.
Other bills AzCDL is Monitoring
HB2243 – Fingerprinting; criminal history; records checks
Rep. Quang H. Nguyen (R)
Position: Neutral
Requires in determining eligibility for a good cause exception, Arizona Board of Fingerprinting staff can review an individual’s background only in conjunction with the application. Repeals the requirement to report any crimes discovered in the background check to state agencies listed in the fingerprint clearance card application and the requirement that a person who is discovered to have had an arrest, charge or conviction after receiving a clearance card be notified of the discovery and the requirement that affected agencies be notified of the discovery.
HB2605 – Firearms; repeat offenders; sentencing
Rep. Kevin Payne (R)
Position: Neutral
Designates a person as an armed repeat offender if they violate state law involving misconduct involving weapons and has been convicted of three or more “historical, prior, felony convictions” on three different dates, and has served prison time and as guilty of a Class 2 felony.
Copper Dome Update
Navigating the Legislative Landscape
It’s hard to believe we’re already one month into the legislative session. Time flies when you’re engaged in the intricate dance of state politics. Despite whispers in the halls of power suggesting that the budget discussions won’t kick off until May, we’re staying hopeful and proactive.
While some might have dreamt of a quick and snappy session, it appears this won’t be the case. As you know, defense is the name of the game in politics, and we’ve been able to hold our ground rather effectively. Although 20 anti-RKBA bills were introduced this session, we have been assured by our friends in the legislature that these bills will be killed during the committee process before they see the light of day. The good news is that legislation with strong potential is steadily advancing.
One particularly interesting bill to watch is SCR1007. If passed, it would ask voters in the 2024 general election to decide if state contracts worth over $100,000 with companies should be banned unless they openly commit—in writing—not to discriminate against firearm entities or associations. This could also prevent the adoption of policies that could indirectly lead to discrimination against these businesses.
Important Updates from the House of Representatives
Rep. Shah has made the decision to step down in order to focus on his congressional race, effective February 1. Rep. Leezah Sun resigned before she was expelled for making threats to a school board member in her district.
We’d like to wish Rep. Jennifer Longdon a fond farewell also. Rep. Longdon was the legislator that would introduce 15-20 anti-2A bills each year. Dave Kopp used to say, “We were here fighting for freedom before they came here, and we will be here long after they leave.” This is a perfect example.
On a Personal Note
It’s been a busy month for me, with 52 meetings with state legislators, 4 discussions with Congressional staffers, and interactions with 2 Phoenix city council members. I’ve also had fruitful discussions with the Maricopa County Attorney’s Office and representatives from the NRA and GOA. So if you see me and I look tired, it’s just that I am low on my caffeine intake.
For those interested in grassroots movements, I recently had the pleasure of speaking at the Colorado River Tea Party meeting in Yuma about fighting for freedoms. I encouraged them to get more involved in the political process and directed them to the AzCDL website. I also had the opportunity to address the newest ABATE Chapter in Globe and attended the Crossroads of the West Gun Show in Phoenix. If you’d like to hang out at a gun show, farmers market or the local grocery store and talk to folks about guns, freedoms and AZCDL, contact Duke Schechter <americanicon@protonmail.com> and he can get you set up.
Twenty five days into the session, we have seen a total of 1,486 bills introduced, along with 116 Memorials and Resolutions. I am glad I love reading.
Michael Infanzon, EPIC Policy Group
AzCDL Chief Lobbyist
AzCDL Daniel Defense DDM4 “Dark Aces” Raffle Winner Announced!
It’s been a while since AzCDL held a raffle but it was well worth the wait! Thanks to the support of some very generous donors, we were able to raffle off a Daniel Defense DDM4 V7 Pro “Dark Aces” rifle with a retail value of $6,500! These rifles sold out within days of becoming available when originally released.
The DDM4 V7 Pro “Dark Aces” is Daniel Defense’s eighth Limited Series rifle that features a black Nightforce NX8 1-8×24 scope mounted in a 30mm Reptilia AUS mount. Outfitted in Reptilia furniture, including their RECC-E stock and COG grip, “Dark Aces” has a black Radian Raptor charging handle and Radian Talon ambidextrous safety. Its muzzle device is a tunable SJC Titan Extreme and includes a DD Vertical Grip and a RailScales Karve hand stop.
The rifle comes with a Mantis Blackbeard X Training system with green laser for at-home training, six Daniel Defense 32-round magazines, and a Certificate of Authenticity.
We sold 1,075 raffle tickets which brought in over $21,000, funds that are vital to continuing AzCDL’s mission of maintaining and expanding the right to keep and bear arms in Arizona.
Our sincere thanks to everyone that purchased a raffle ticket! You make our work possible.
The lucky winner is Michael H. of Arizona. Michael has been contacted and, as you can imagine, is very excited!
Arrangements are being made for the package to be delivered to a convenient FFL where Michael can do some paperwork and pick up his prize.
Given the success and popularity of this and previous raffles, you can be sure we’ll be doing some more in the near future. So, even if you didn’t win this one, there will definitely be more chances to come.