State senate OKs changes to concealed weapons law

PHOENIX - State senators voted Monday to let anyone carry a loaded weapon anywhere in a vehicle, visible or not, without fear of being arrested.

Current law spells out that those who have a hidden weapon can be sentenced to up to six months in jail if they do not have a state permit. But Rep. John Kavanagh, R-Fountain Hills, said that can make criminals out of otherwise innocent citizens who may have put a gun on the seat of a vehicle - visible as required - but had it inadvertently covered by a jacket when they stopped.

Kavanagh pointed out there already are exceptions to the law.

For example, a gun in its holster can be put into a vehicle's glove box or map pocket without running afoul of the law. He said HB 2389 simply expands that exception to the entire vehicle.

The measure now must go back to the House to review various changes made by the Senate. But its future beyond that is murky at best.

Lobbyists from several police departments testified against the measure, as did representatives of the Arizona Association of Chiefs of Police, the Fraternal Order of Police and the Arizona Highway Patrol Association. One lobbyist said the change would be an invitation for gang members to have weapons beneath the seats, creating a dangerous situation for police officers who pull over their vehicles.

And Gov. Janet Napolitano has repeatedly vetoed changes in gun laws which have been opposed by law enforcement, most recently less than a month ago when she refused to ease the penalty against those who carry a concealed weapon without getting the required state permit.

But state legislators, undeterred by that history, have loaded up HB 2389 with a number of other provisions they hope to get Napolitano to sign.

One would eliminate the possibility that someone convicted of murder ever could get out of prison alive.

Arizona law says those who are not sentenced to death either are sentenced to life in prison or "natural life."

The first option permits someone to seek release after serving 25 years; the latter does not.

The amendment to this bill would eliminate that option of early release.

Another change would let more adults escape charges of having sex with minors.

The statute now creates an exception if the defendant is no older than 18 and the victim is at least 15 if there is no more than 24 months' difference in age. The new version incorporated into HB 2389 allows a defendant to be 19 and up to 36 months older than the victim.

And another amendment would alter the law which now says a convicted felon may not carry a concealed weapon in Arizona, creating an exception for individuals whose convictions have been expunged or set aside or whose civil rights have been restored.