ARIZONA UPDATE
FROM BLOOMFIELD PRESS, 6/1/02


ARIZONA CCW RECIPROCITY DECLINES


I've been getting a lot of questions on this lately. Yes, Utah has backed out of a full recognition of CCW reciprocity with Arizona, as described below. I've added a few words of analysis, see if you agree.
Alan.
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UTAH DUMPS RECIPROCITY DEAL
UTAH DUMPS RECIPROCITY DEAL
UTAH DUMPS RECIPROCITY DEAL

Only four states left
Only four states left

Five years after the gun-permit reciprocity plan was put into place in Arizona, there are now four states on our list. The fifth, Utah, decided to drop off the list (detailed below) and poof, there go your rights in that state.

Well, not exactly YOUR rights, since 98% of us have refused to submit to the various carry-permit programs in the first place. All this talk about reciprocity is only for the one-and-a-half percent of the people in a state who go along and get themselves government licensed and registered.

Come closer and let me tell you the dirty little secret about reciprocity. It's a scam. It doesn't give you rights. It takes away your rights. This discussion should be about insisting on the constitutionally guaranteed uninfringeable inalienable natural rights we all like to talk about. Instead we have complicitly reduced ourselves to a list of four states after five years where the government says we can go have our rights. Well, at least 1.5% of us can.

OK, if you really want to know, Arizonans have reciprocity with:
Alaska, Arkansas, Kentucky and Texas.

People who are hoping we get some more reciprocity states are practically dupes for the anti-gun-rights mob without even knowing it. Instead of seeking the reestablishment of your Bill of Rights, you're begging and beseeching the government for a license they won't give you. They take the gun from your fingers before you even leave your own home door, and threaten you with arrest for disobeying.

The real bone crushers are the people who are convinced the permit should be federalized and run out of Washington, so it would count everywhere. There's a logic in there somewheres.

The corrupt "license-to-carry" scheme, its corollary "arrest-for-unlicensed-carry" program, and their evil cousin reciprocity, are the iron-willed hand of the state crushing your rights, with your compliance, and with no cold dead fingers anywhere in sight.

What do you do when the authorities at the side of the road ask you for your gun? You politely hand it over, and then if they say so, once you're disarmed and helpless, your property is confiscated and maybe you go to jail. With no victim. With no overt criminal act. With no justice of any kind. Well sure, many times they give it back, but you sure do sweat it out while they decide, right? All that for mere possession of private property, and the kind of wisdom behind state reciprocity licenses.

If you have a gun and you're not doing anything wrong, that should not be a crime. That's what we should be fighting for, not a government reciprocity list for license holders.

The whole licensed/unlicensed business comes down to this -- when a cop asks for your gun, if you're not doing anything wrong, who among us has the composure and cojones to say, "My gun is safest if it remains in my holster, officer," and mean it.

The authoritarian I-must-check-your-gun mentality is not something to tolerate. Retaining possession of your personal firearm is where the bumper-sticker bravado meets the road, where the liberty teeth of the Second Amendment bear themselves, gleaming in the night, illuminating your rights and protecting your self and property at a lonely roadside.

Never lose sight of this: the idea that authorities will arrest you for possession is the most fundamental infringement on the right to bear arms there could ever be. With Arab muslim terrorists openly promising vicious attacks, now more than ever you need to be free of infringements on your right to bear.

The American Historical Rights Protection Act seeks to reverse this anomaly. It basically says if you have a gun and you're not doing anything wrong, that's not a crime. It's not perfect, but it's pretty short, read it yourself: http://www.gunlaws.com/lostcry.htm. If you don't like it, don't tell me, tell your representatives.

And thank you, Utah, for helping to set us straight.

Alan.
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Subject: News Release
Date: Mon, 15 Apr 2002 16:17:39 -0700
From: "Willard A Whalen" <wwhalen@dps.state.az.us

ARIZONA DEPARTMENT OF PUBLIC SAFETY
POST OFFICE BOX 6638
PHOENIX, AZ 85005-6638

NEWS RELEASE
April 13, 2002

Subject of release
Carry Concealed Weapon Permit Reciprocal Agreements

DIRECT INQUIRIES TO:
Sgt. W. A. Whalen, Supervisor CCW (602) 256-6280
Officer Steve Volden, Public Information Officer (602) 223-2460

The Department of Public Safety's Concealed Weapon Permit Unit received a request from the State of Utah to cancel Intergovernmental Agreement #KR99-016-TRN pertaining to the Carry Concealed Weapon Reciprocal Agreement which was put in place on April 27, 1999.

This cancellation request from the Utah Department of Public Safety was based on requirements pursuant to amended Utah Code 76-10-523. This amended statute effectively terminates all reciprocal CCW agreements on file with the State of Utah.
Arizona CCW permit holders will be allowed to carry concealed in the State of Utah for a period of 60 days. If a person with an out-of-state permit remains in Utah for longer than 60 consecutive days, that person is required to obtain a Utah permit.

Utah permit holders will no longer be allowed to carry concealed in the State of Arizona without an Arizona, Alaska, Arkansas, Kentucky or Texas Concealed Carry Permit.

Sgt. W. A. Whalen, Supervisor
Concealed Weapon Permit Unit

<Let me add that determining when a person's 60 days are up, or whether crossing the state line in the 59th hour to sort of "reset the clock" works, and other issues, remain unresolved. -Alan.>
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Gary Christensen notes:

The following was extracted from a letter by Brian Judy - NRA Utah State Liaison - explaining the cancellation of reciprocity. They apparently put a 60-day limit on visitors' CCW to be "recognized" after which the visitor has overstayed their welcome and must act more like a Utahn, i.e., they must get a Utah CCW to continue. Interesting compromise, (and increases the number of states on its reciprocity list).

"HB 376 became law and Utah now recognizes permits from every state where before they recognized only sixteen states' permits. While I will grant that the recognition is limited to sixty days, I ask how many out-of-stater s stay in Utah for two weeks, let alone two months? Prior to the passage of HB 376, ten states recognized Utah permits (AR, AZ, ID, IN, KY, MI, MT, OK, SC, WY). Today, there are twelve (add AK & FL) with more in the works."
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The state of Arizona also advises:

"It is extremely important that all Arizona Permit holders be aware of the CCW requirement and laws of all reciprocating states. An Arizona CCW permit does not supersede any other state's law or CCW requirements. For example; legal conduct with a Arizona CCW permit in the State of Arizona, may not be legal in the State of Arkansas with an Arizona permit.

"For instance:

"If you carry concealed in Arkansas with an Arizona CCW permit, you can only carry a concealed firearm. No knives can be carried concealed with our permit in the state of Arkansas. Violation of Arkansas's CCW statutes will get your CCW reciprocal privilege suspended in the State of Arkansas, and pending the classification of the violation, Arizona may suspend or revoke your Arizona CCW permit. If you are carrying concealed in another state with a Arizona CCW permit and your weapon is visible, you can be cited for misconduct with a weapon, and have your weapon and permit seized. <Note: DPS fails to mention that a firearm obviously may be visible when it's in legal use (however that might be defined) -- hunting, the range, self defense, crime prevention, proper sales, etc. In Texas, where open carry is outlawed, even an unintended flash could be grounds for charges. -Alan.> Your CCW reciprocal privilege will be suspended in the State of Utah and pending the classification of the violation, Arizona may suspend or revoke your Arizona CCW permit."A.R.S. § 13.3112.T allows for the Arizona Department of Public Safety to enter into reciprocal agreements with states that have concealed weapons laws substantially similar to our laws. Therefore, The Concealed Weapon Permit Unit has determined that in order to meet the requirement of A.R.S. § 13.3112.T other states with a CCW programs must:

"Be a shall issue state
Perform criminal history checks on all applicants
Availability of an automated database 24-hours a day to verify permit status for law enforcement use
Have standard disqualification, suspension & revocation requirements
Have required training which covers the following
Deadly force issues
Mental conditioning
Weapons care/maintenance
Safe handling/storage
Marksmanship
Judgmental Shooting
Have a minimum age issuance of 21
Require applicants be a U.S. citizenship
Deny for mental illness
Deny for a misdemeanor domestic violence convictions
Deny for a felony convictions
Expiration date on permit

"After these items have been verified, the Arizona Concealed Weapon Permit Unit will forward a reciprocal agreement for consideration by the appropriate CCW unit for that state. These agreements are reviewed and amended by the both CCW units and legal sections, prior to being signed by the respective directors/heads of the agency having the mandated authority.

"Metro Phoenix: (602) 256-6280
Outside Metro Phoenix: (800) 256-6280
Fax: (602) 223-2928"
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And finally, here's the list of the "proper authorities" for granting your right of reciprocity, all but four of whom have not gotten it done in five years so far:

Alaska (no authority named), Arizona (Dept. of Public Safety), Arkansas (State Police), Connecticut (Commissioner of State Police), Georgia (County Probate Judge), Kentucky (Sheriff), Louisiana (Deputy Secretary of Public Safety Services), Massachusetts (Chief of Police), Mississippi (Dept. of Public Safety), Missouri (residents currently prohibited from concealed carry), Montana (Governor), New Hampshire (Chief of Police), North Dakota (Chief of the Bureau of Criminal Investigation), Oklahoma (State Bureau of Investigation), Pennsylvania (Attorney General), Rhode Island (Attorney General), South Carolina (Law Enforcement Div.), Tennessee (Commissioner of Safety), Texas (Dept. of Public Safety), Utah (Dept. of Public Safety), Virginia (Circuit Court), West Virginia (Governor).

The different authorities named in the list are a measure of the consistency of the laws from state to state.

A number of states will issue firearm-rights permits to non-residents if you meet their requirements -- check with them for details: Arizona, Florida, Iowa, Maine, Nevada, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Texas, Utah, Washington and Wyoming.This data changes rapidly. Be sure to get current data for any actions you take.

6/1/02

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