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LEGISLATIVE ALERT
From Legislative Director, Landis
Aden |
Innocent-Unless-Proven-Guilty Restored in Arizona !!
SB 1145 Passes by HUGE Margins, Governor signs the veto-proof legislation
Flash -- Restaurant Carry Proposal Re-Introduced (new laws listed at end)
By Alan Korwin, Author
The Arizona Gun Owner's Guide
Permission to circulate gladly granted
From territorial days until 1997, a person in Arizona was innocent unless proven
guilty beyond a reasonable doubt. It's the American way, and it was our way, as
it should be.
Then, in 1997, in the dark of night and through a political trick, prosecutors
got the law changed so that people involved in self defense had to admit guilt
before proving their own innocence by "justification," a complex and expensive
legal process.
It was a return to the Napoleanic Code, an abomination, a reversal of what makes
America great, and the prosecutors who snuck this through our legislature
without debate should have had their ethics investigated (at least). But it did
make it easy for them to convict people. It was a citizen's worst nightmare and
a prosecutor's wet dream. Many of your fellow Arizonans suffered under this law,
and it put you at grave risk all these years, though you probably didn't know
it. The "news" media never mentioned it.
Today, I am happy to report that this travesty has been reversed, and innocence
without proven guilt is now the statewide standard once again. With the signing
of Senate Bill 1145 (linked below), Arizona joins 48 states that recognize the
burden to prove guilt in self-defense cases must remain on the state, and that
every person must enjoy the presumption of innocence. Ohio, which suffered a
similar deceptive corruption of its laws, now remains the only state out of step
with the American system of justice.
This news has circulated already, so if you're hearing this from me, you need to
get on the list of the new Arizona Citizens Defense League (linked below), one
of two groups that spearheaded this desperately needed reform. The other team
working for you of course is the Arizona State Rifle and Pistol Association
(linked below), whose NRA-affiliated lobbyists also carried the water that
quenched this awful fire. Links to "get more informed already" are also listed.
SB 1145, also called the Castle Doctrine, did several other things to strengthen
your right to defend yourself, your family, your home, and more -- from vicious
predators who prey on society -- who are all too often protected by weak or bad
law. Plain-English descriptions of the new bills will be posted at gunlaws.com,
as soon as I can get to it (there's a lot on my plate). Check there soon.
And now -- please do not gripe about how bad some things are, get on those lists
(it's free) and even send them membership dues so you can proudly be part of the
defense of civil liberties in our great state.
Also enacted in this session of the legislature was House Bill 2074. This
eliminates the two-hour training requirement for permit renewals after it
becomes effective (90 days after legislature closes, so probably late summer or
early fall); permits will still have to be renewed every five years; also, most
other state's permits will be valid here, ending a hopelessly complex tangle of
recognition and reciprocity formulas (exact details are still not perfectly
clear, I'll post them soon); and it makes other technical corrections and
changes.
Also enacted is Senate Bill 1339 (linked below), which affects the rights and
limitations on juvenile delinquents to keep and bear arms. Details will be
posted shortly.
Also, SB1425, which would have prevented the Governor from confiscating people's
firearms during a declared emergency (like we saw happening in Louisiana), was
vetoed by the Governor, who said it was too broad, and not to worry, she won't
use it. There is currently a Governor-declared emergency at the border, where
Minutemen muster to observe and report (minutemanhq.com). An attempt to override
her veto failed by one vote.
Finally, the Breakfast at Denny's Bill (the one the lamestream media calls
shotguns in nightclubs) has been revived by Sen. Jack Harper, as an amendment to
an existing bill (linked below). It would allow CCW permit holders and others to
carry firearms while eating in a restaurant, and allows restaurants to post
signs about firearms. Its chances of passage are unknown, stay tuned. Or join
the lists, they're faster than I am.
Alan Korwin, Author
The Arizona Gun Owner's Guide
------------
Arizona Citizens Defense League made SB1145 happen
(go support these guys): http://www.azcdl.org
Arizona State Rifle and Pistol Association made SB1145 happen
(go support these guys): http://www.asrpa.com
More ideas for preserving your rights -- "Tactics That Work"
http://www.gunlaws.com/Tactics%20That%20Work.htm
The main Arizona RKBA list:
http://www.gunlaws.com/Tactics%20Arizona.htm
NEW SELF DEFENSE LAW
Senate Bill 1145 (Burden of Proof and Castle Doctrine):
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/47leg/2r/laws/0199.htm
NEW CCW LAW
House Bill 2074 (CCW Renewals and Permit Changes):
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/47leg/2r/laws/0121.htm
NEW JUVENILES LAW
Senate Bill 1339 (Juvenile Delinquent Rights and Restrictions):
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/47leg/2r/laws/0221.htm
PROPOSED:
Restaurant Carry and Posted Notice amendment (HB2740)
http://www.azleg.gov/FormatDocument.asp?inDoc=%2Flegtext%2F47leg%2F2r%2Fadopted%2Fs%2E2740harper%2Edoc%2Ehtm
ALSO PENDING:
HB2649 (Preemption of local storage requirements)
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/47leg/2r/bills/hb2649c.htm
HB2076 (On-site secure storage requirements)
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/47leg/2r/bills/hb2076h.htm
SB1072 (Protection of the innocent in use of force or deadly force)
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/47leg/2r/bills/sb1072h.htm
--------------
Brand new: Gun owner guides for Oregon and North Carolina.
Plus -- 2006 editions of Arizona and Traveler's Guide.
And -- Very fine DVDs for gun owners -- tactics, strategy, more.
http://www.gunlaws.com
Contact:
Alan Korwin
BLOOMFIELD PRESS
"We publish the gun laws."
4718 E. Cactus #440
Phoenix, AZ 85032
602-996-4020 Phone
602-494-0679 FAX
1-800-707-4020 Orders
http://www.gunlaws.com
alan@gunlaws.com
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