Gun Politics In The United States

Arizona’s New Gun Laws

Although Arizona has been deemed one of the most lenient states on gun control, new gun laws are still difficult to navigate and if not followed correctly, consequences can be severe.

How will Arizona’s new gun laws affect citizens?
Governor Doug Ducey recently signed two new gun bills which go into effect on August 6, 2017, one allowing guns to be closer in range to schools and the other, discipling cities with harsher gun laws than Arizona’s.

What is Senate Bill 1266?
This bill states that opposing local regulations which go against Arizona’s statute to withhold the power of regulating firearms within the state’s counties and cities will allow courts to fine those counties and cities up to $50,000. The individual involved can sue a county or city and be awarded up to $100,000 in damages.

What is House Bill 2338?
This bill denies K -12 all the way up to university school governing boards from “banning someone from legally possessing a deadly weapon on a public right of way adjacent to campus,” according to AZCentral.

While the state’s new gun laws may seem simple, the slightest mistake can result in trouble and in Arizona, weapon possession charges are prosecuted aggressively.

Weapons charges include:

  • Concealing a weapon illegally
  • Possessing a firearm or other weapon illegally
  • Prohibited possessor under Arizona law
  • Using a firearm or other weapon during a crime

In the state of Arizona, an experienced criminal defense attorney is necessary when it comes to weapon possession.

Why?

  • The knowledge and experience of an Arizona criminal defense lawyer who has dealt with similar cases is crucial in fighting for the best outcome.
  • You need a criminal defense lawyer who will protect your rights along the way.
  • Consequences can be severe including:
  • Expensive fines
  • Jail time
  • Prison

Our criminal defense attorneys have extensive experience defending weapons charges in Arizona. Schedule your free consultation today and let us help you. Call (480) 471- 4616.

A Legal Perspective on the Government’s New Gun Plan

A new gun plan was recently presented by the government, proposing new rules and increased regulations for gun control. Despite political differences on the freedoms of gun control, the legal perspective of gun laws is separate, important topic.

Here’s a summary of what these new, potential gun laws could mean legally.

The proposed requirements seek to change the status of a “gun dealer”. A gun dealer will no longer be categorized by the number of armed weapons they sell but instead by the “totality of the circumstances”, looking to change the way in which firearms are sold, according to The Wall Street Journal.

According to Attorney General Loretta Lynch, the new rule is focused on those selling guns online saying, “It’s really an internet loophole. Gun sales are moving online.”

Will this be fair to certain individuals? If prosecuted for not following the regulation due to disagreeing with the proposed status, one has the opportunity to present the government’s criteria as that of “too vague”.

Assessing the mental health of a person prior to them purchasing a gun is another key factor in the proposed plan. The White House stated the Social Security Administration will implement regulations, working to help the NICS (National Instant Criminal Background Check System) distinguish those who have mental health concerns, preventing them from purchasing a gun.

The problem here is this piece would require new laws, not just new regulations. Additionally, those who would be identified as mentally ill, might be wrongfully identified at that, resulting in an entirely separate issue of taking away the rights of those who should be allowed the right the purchase a firearm.

Lastly, The White House seeks to fix the current problem of those bypassing restrictions, purchasing guns through trusts and corporations.

Lynch addressed this in saying, “The trust loophole is something we’ve been looking into for a long time.” Legally, despite stronger restrictions and regulations with this type of ruling, a person who fits into this category but still wants to purchase a firearm could go to court to challenge their purchasing status.

As this complex, proposed new gun plan arrives, Texas too is adjusting to a new normal, Open Carry. The new gun has caught many Texans off guard, especially causing confusion for Texas law enforcement.

Kevin Lawrence, executive director of of the Texas Municipal Police Association said, “ What authorities do the officers have? We need to get that clarified as much as possible so the officers know what’s expected of them going into any given situation.”

In these situations, where a new and different law is now active, it takes time to understand how things will work. With others besides law enforcement exposing open firearms, citizens wonder the intention of each gun holder. The new law has also forced businesses to make a decision on whether they allow those carrying openly in their stores.

If a business chooses to not allow guns inside their doors, they must post a 30.07 sign, banning handguns on their property.

Some business have adapted other regulations, such as Walmart, where when employees see someone openly carrying a gun, they must tell their manager who then asks the gun holder to see their paperwork.

Overall, as the nation sees changes in gun laws, it’s important for citizens to recognize and understand their rights.

New Laws to Look Out for in 2016

Can’t pay your ticket? This year, Arizona is making it legal to work off what you owe with community service. This, and several other new laws to make note of are going into effect in 2016 in Arizona and around the country.

New Laws in Arizona 

Pay Your Ticket with Community Service

Senate Bill 1117 permits anyone who is unable or unwilling to pay the cost of court fees, fines, and tickets to work off what is owed by participating in community service. Each hour of community service pays for $10 of debt.

Expanded Protection Against Identity Theft

Arizona is one of the worst states for identity theft crimes, but expansions to existing laws are in place this year to help protect citizens by allowing people to place a credit freeze on themselves so that credit reports can’t be released without permission from the individual. This law is designed to prevent thieves from applying for credit cards or loans using someone else’s identity and credit history.

Vexatious Litigants Law Update

Judges can no longer waive court fees and costs for any person designated a “vexatious litigant,” or someone representing themselves, who files repeated court actions largely to harass others, unreasonably delay court proceedings or bring actions without “substantial justification.”

The only exception would be in family court cases involving divorce and child support.

Previously, judges could waive fees for those unable to afford the cost of filing a lawsuit so that financial standing couldn’t prevent someone from going to court.

New Laws Around the Nation

Minimum Wage Increases

Several states are increasing the minimum wage this year, including those known for a high cost of living like California, Hawaii and New York.

Fast-food workers in New York will receive the initial increase in pay now for an overall plan to bump minimum wage up to $15 by 2018 in New York City and by 2021 in the rest of the state.

Other states increasing minimum wage in 2016 include Connecticut, Maryland, Massachusetts, Michigan, Rhode Island, Vermont and West Virginia.

Gun Laws in Texas

Texas started off the New Year with a bang as new open carry laws went into effect on Jan. 1. Now, anyone who previously had a concealed carry license can openly carry a holstered handgun in designated areas.

Another new gun law coming to Texas in August will allow the carry of concealed handguns on university campuses.

Vaccinations Required in California

As a result of last year’s measles outbreak, which left 147 people in the U.S. sick, California will no longer accept personal and religious belief exemption waivers, requiring vaccinations for all children at public and private schools.