Legislature seeks to block local regulation of guns

On a 5-3 vote Thursday, the House Committee on Military Affairs and Public Safety voted to block any current or future local laws or regulations dealing with the transfer of firearms.

HB 2527 is most immediately aimed at Tucson, which has adopted a requirement that anyone conducting gun shows at city-owned facilities must require a background check when a weapon changes hands — something not now required under either federal or state law.

The legislation, sponsored by Rep. Anthony Kern, R-Glendale, also would pre-empt any community from having rules on the transfer of firearms.

Still to come is a debate in the same committee on a more far-reaching measure.

It would allow any of the more than 228,000 Arizonans with a permit to carry a concealed weapon, or anyone with a permit from another state, to bring their guns into most public buildings. But backers of HB 2320 postponed action for a week while they work out some details.

That measure would overrule existing laws allowing government agencies to prohibit weapons in public buildings simply by putting up “no guns” signs and making lockers available to check guns and rifles.

Instead, governments would be prohibited from enforcing a no-guns policy in any building that does not also have metal detectors and security guards at each entrance.

In both cases, proponents want to curb the powers of government officials to regulate weapons.

A 2013 Tucson ordinance makes the city-owned convention center off-limits to gun shows that allow individual sales without background checks.

Backers called it a common-sense regulation, pointing out that is the same check that federal law now requires when a licensed dealer sells a firearm. But foes countered it would do little, if anything, to keep guns out of the hands of criminals.

The only fallout was that gun show sponsors moved to another location. And there is no city ordinance at this point regulating what does not happen on noncity property.

Only Deputy Pima County Attorney Kathleen Mayer signed in Thursday to object to the legislation.

She said her boss, Barbara LaWall, supports Second Amendment rights.

“She also, however, believes that there should be reasonable regulations, particularly local ones, that are necessary to promote public safety, such as background checks,” Mayer said.

Mayer said LaWall believes background checks at gun shows fits that definition. And she said that view is shared by LaWall’s constituents.

When it comes to regulating guns in public buildings, John Wentling, lobbyist for the Arizona Citizens Defense League, said the current law about posting “no guns” signs in buildings is largely meaningless.

“For the last hundred years, they’ve had no concern whatsoever about criminals,” he said. “They just put a sign up in the window.”

Wentling said that’s based on a faulty premise that those who don’t obey laws will suddenly decide to pay attention to a sign.

This legislation says if someone has a state-issued permit to carry a concealed weapon — meaning a background check and some training — they can ignore the sign.

Previous versions of the legislation drew outcries from local officials who objected to the cost. Gov. Jan Brewer vetoed one version in 2012 and another one last year.

“This bill would establish an unfunded mandate on our state and local governments,” she wrote. “It is an unnecessary diversion of limited resources.”

But Wentling said if governments let permit holders carry guns into public buildings, there is no cost.

With criminals free to ignore a “no guns” sign, supporters of the law say law-abiding citizens who have the state-issued permits need the ability to remain armed to defend themselves inside those same buildings.