KEY: 2017 Bill Number • Simple Title • Statute Affected •AGOG-27 Page Number
AGOG 27 UPDATE
HB2216, New statute §13-3122, “No Firearm Tracking” • AGOG-27 Pg 122
“Unlawful use of electronic firearm tracking technology”
To prevent authorities from registering gun owners or putting tracking devices on firearms, it is now a Class 6 felony to require a person to use (or be subject to) “electronic firearm tracking technology” (EFTT). The same penalty applies for requiring a person to disclose personal ID or to identify a firearm, for use with EFTT.
The complex definition of EFTT boils down to a centralized (or decentralized, like block chain) computer system that is “used to locate or control the use of a firearm,” and would include devices placed on a firearm that could serve such purpose. This addresses, along with central registries, so-called “smart gun” inventions that prevent a firearm from working, track its location, log its use, be turned off remotely and similar gun-control features.
Exemptions exist for specified criminal justice employees with search warrants and under other broad conditions. Gun owners could consent in writing to the use of EFTT on their own firearms if they wish. While this may sound unlikely, people gladly install LoJack, with monthly fees, which precisely tracks and records your vehicle travel, can turn it off from central command, connects directly to police and is heavily advertised as a good thing. You can even track your spouse.
SB1366, Extra protection for police, §13-701 (sentencing), §13-1204 (aggravated assault) • AGOG-27 Pg 122
An aggravating circumstance in an assault now includes acting out of “malice” toward a police officer. The penalty for a knowing assault on a peace officer, or on a person summoned and directed by the officer, now applies whether the officer is on duty or not (used to apply only while engaged in official duties). The penalty is extended for a gun snatch against an officer (such as the Michael Brown case in Ferguson, Mo., for example), whether on or off duty. The previous limits on sentencing, which had only applied for officers on duty, has been removed to include off duty officers too.
SB1344, Amends §13-3108, State Preemption • AGOG-27 Pg 44
A political subdivision of the state that regulates employees or contractors cannot ban those workers from lawfully having, carrying, transporting or storing firearms on the real property they own or in or on a private vehicle or craft, unless that would violate another applicable federal or state rule (e.g. guns at nuke plants).
SB1122, Protecting Private Property Transfers, §44-1382 • AGOG-27 Pg 35
Adds new Article 26 to Title 44, Chapter 9. The state and its subdivisions cannot require a person to search any state or federal database before the private sale, gift, donation or any other transfer of any personal property, and cannot require that any third party be involved in private property transfers. This is a defense against ongoing attempts to register gun owners with crafty requirements for the simple transfer of property from one person to another, and to criminalize any transfer that doesn’t happen under government control. It elegantly protects all privately held property, including guns, without mentioning firearms specifically, introducing broad property protections in Arizona. Introduce this in your state.
HB2244, Ballot Measure Reforms, §19-102.01, §19-119.02 AzCDL Notes: “The Arizona Constitution, as with several other states, contains a provision influenced by the ‘progressive’ (i.e., socialist) movement of the early 20th Century. This provision allows for changes in state law, or even the Constitution itself, via a ‘citizen initiative’ ballot measure that bypasses our legislative process entirely [‘direct democracy’ sometimes called mob rule]. All that's required to put an issue on the ballot are petition signatures from a small percentage of registered voters. Unlike other states, once a citizen initiative ballot measure passes in Arizona it can never be overturned by the legislature. [Poorly drafted elements haunt us perpetually from prior initiatives, and even if widely recognized as problematic, cannot be fixed.]
“Billionaire and former New York City mayor Michael Bloomberg has been exploiting this weakness in state constitutions to further his drive to disarm law abiding Americans. In 2014 he successfully used the ballot measure process to achieve gun-owner registration under the rubric of ‘universal background checks’ in Washington state. In 2015, the Oregon legislature accommodated Bloomberg by passing similar laws. In 2016, a Bloomberg-backed ballot measure narrowly passed in Nevada. We expect, because he publicly threatened to act, to see a Bloomberg-backed ballot measure calling for ‘universal background checks’ in Arizona, possibly in 2018.”
The measure tightens up the rules and requires strict compliance for ballot measures to be valid. A handbook is now required from the Secretary of State each year on the precise rules. Under HB2404 (2017) signatures are invalid if collected by paid circulators not registered with the Secretary, circulators may not be paid based on number of signatures collected (a primary incentive for fraud, any such signatures would now be invalid), and more. New provisions are added for challenging a ballot measure and for legislative review. The requirement to follow the law when attempting to change our laws or Constitution is so threatening to the left they have started a ballot proposition to overturn HB2404.
HB2477, Civil Property Confiscations, §13-2314 • AGOG-27 Pg 52
This frequently abused power to confiscate property, which would include personally owned firearms, under the notion of punishing racketeering (“crime doesn’t pay”), now requires authorities to account for everything they take, in detail, and to report on the status of the case (the statute used, court case number, outcome of the forfeiture). In the past, forfeitures simply benefited the agency that took them, with little or no accountability.
Republican-listed senators Kate Brophy McGee and Bob Worsley voted with democrats to defeat key bills this year.
Copyright 2017 Alan Korwin BLOOMFIELD PRESS
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