With so many states getting on the “Ban” wagon it was just a matter of time before Arizona got in on the action. How and who will blow you away though.
HB 2321 was submitted by Democrats and closely resembles the STOP orders Gov Ducey was championing a few years ago. This bill would basically allow the a judge to order a 14 day temporary STOP order on an individual who commits a violent crime or where there are clear and credible threats of a violent act. Also cruelty to puppies. I assume kittens too. The thing is, those things are already crimes and criminals can’t have guns so I’m not sure what this bill would actually do. The one nice thing they have included is a chance to prove you are innocent. If the full order is granted for a 1 year period, with 45 days of it expiring the subject must prove they are not a threat to a court or the order can be extended another year. Not how our legal justice system works. This is what happens when people learn about the legal system from Judge Judy! What is missing from this bill is any penalty for filing a false claim. So you can just lie and that’s OK I guess. The biggest takeaway from this bill is these things are already laws on the books for the most part. This just goes after the guns in a very heavy handed way. Law enforcement can already take your guns if you have a restraining order against you. The point of this just seems to make it mandatory that they comply.
The other bill submitted is SB 1164. This one was submitted by REPUBLICANS Kate Brophy McGee and Heather Carter and Democrat Sean Browie basically piggy backs of the other bill and allows the whole process happen over the phone. Still, no word on what happens to anyone who files a false threat report? Also, this removes mandatory compliance by law enforcement. So if the cops fail to serve with an order and somebody gets hurt the cops can’t be held liable.
So far the response to these bills has not been great at the capital with a bunch of legislators going in the thumbs down category already. That can change quickly so call your reps and let them know how you feel. Red Flag laws are a bad idea and very unconstitutional. Due process matters or at least it used to.