Date: Fri, 22 Jun 2001 22:48:39 -0700
From: jdm@ILLUSIONS.COM ("J.D. McKim")
Subject: Re: Peoria and preemption
To: AZRKBA@asu.edu


At 09:03 PM 6/22/01 -0700, you wrote:
<snip>

>I checked on the city law about 5 years ago at the Peoria library, looking

>up the `no guns allowed' city code listed on the library door.  At that time

>there was no provision that I could find for checking a gun.  If you entered

>a city building with one, the law said you would be arrested and the gun

>seized.  I also looked up the penalty provisions.  The Peoria law required a

>seized gun to be destroyed after they were done using it as evidence.  There

>was no provision to return it if the defendant was found not guilty.  The

>laws could have been changed since then, since it doesn't agree with J.D.'s

>experience at the police station.  Surely the police wouldn't be ignorant of

>the law, would they?

>

>Al Germain



The only thing that has changed is HB 2095 was enacted last year.

Peoria's code pertaining to weapons hasn't changed since 10-19-93, when
Ordinance 93-47 was passed.  I should add a disclaimer:  The code available
in the library is a mess.  I sorted through all the supposedly non-codified
ordinances passed in 2000 and 2001 and didn't find anything affecting this
1993 ordinance.  It was hard to tell exactly what was included in the main
book, and what may have been left out.  Peoria needs to get a clue and
either put its code online, or least make an up to date single book
available in the library.  How can we obey the code when it is hard to even
figure out what it says?  That said, I'm about 95% confident what I found
is still in effect.



Section 13-4.  Forfeiture of weapons.

     Any firearm, ammunition or toy pistol by which dangerous and explosive
substances may be discharged knowingly possessed by a person in violation
of section 13-3 [which says no weapons in city buildings] of this code
shall be subject to forfeiture in the same manner as authorized by Arizona
Revised Statutes, title 13, chapter 39.

     State Law Reference(s)--Forfeiture of weapons and explosives, A.R.S.
13-3105. (Ord. No. 93-47, 10/19/93, Enacted)


This is a poor attempt to mirror ARS 13-3105.  Gotta get a kick out of "by
which dangerous and explosive substances may be discharged."

If you are convicted for carrying a weapon after a reasonable request to
check it per ARS 13-3102(A)(10), ARS 13-3105 lets the government steal your
gun if they wish.  BTW, same goes if you're convicted of illegally carrying
concealed.  So Peoria's forfeiture ordinance doesn't really matter much
anyway.

ARS 13-3108, the preemption law, allows cities to enact and enforce rules
and ordinances pursuant to state law which implement or enforce state law.
I wonder if Peoria could legally take your gun under its ordinance, or if
this can only be done under ARS 13-3105.  Hmmm.  There's one for an
attorney.  Again, this really doesn't matter, because if you get in trouble
you will most likely be charged withviolating 13-3102(A)(10), and not
Peoria's section 13-3, so ARS 13-3105 would kick in anyway.


As for checking a gun, if you want to call it that:


Sec. 13-5  Possesion of Weapons; notice.

     The city manager or his designee shall cause to be posted . . . a
notice that the possession of weapons inside the building is unlawful and
that such weapons must be placed in the custody of the police department
while a person is in a building owned, leased by or occupied by the city.
(Ord. No. 93-47, 10/19/93, Enacted)


Sorry, Peoria.  You can't do this anymore.  See ARS 13-3102(A)(10).  The
building operator has to take custody of my gun.

Al, you sure are right about all the nooks and crannies Peoria built into
that complex to hide Bad Guys!  I wouldn't care to walk around there
unarmed at night.

Jay