Letter to the Honorable Russel Pearce, President, Arizona State Senate

Letter

Dear President Pearce:

Today I vetoed Senate Bill 1467 because it is so poorly written. Bills impacting our Second Amendment rights have to be crystal clear so that gun owners don't become lawbreakers by accident. Two examples of this lack of clarity in the bill are: (1) the failure to define the key phrase "public right-of-way" where weapons can be carried, and (2) the inclusion of K-12 schools where federal and state laws generally prohibit weapons on K-12 school grounds.

First, Senate Bill 1467 would prohibit education institutions from banning weapons on a "public right-of-way." However, legislators inexplicably decided not to define "public right-of-way" in the bill. There are four differing definitions found in Arizona statues but none apply to his bill. What is really puzzling is the error was pointed-out during the legislative process. One proponent of the bill stated that a court will have to be the final arbiter in deciding what constitutes a "public right-of-way." We don't need the courts to write our gun laws. That is the job of the Legislature.

Second, the bill is widely advertised as applying to only universities and community colleges. However, the bill clearly applies to an "educational institution", which includes our K-12 schools. The bill also expressly provides that it supersedes A.R.S § 15-341, which allows a K-12 school district to adopt and enforce policies and procedures to prohibit a person from carrying or possessing a weapon on school grounds. Although both state and federal law will continue to generally prohibit weapons on K-12 school grounds, Senate Bill 1467 confuses the issue by expressly prohibiting K-12 governing boards from making rules to enforce these prohibitions in public rights-of-way at K-12 schools.

Also, I believe that key concepts in the bill were lost in the legislative process. For example, I believe that concealed carry weapon (CCW) permit holder concept in the original bill should be considered in any future campus carry legislation.

In conclusion, while I support the thoughtful expansion of where firearms should be allowed, the actual legislation that does so much both unambiguous and clear to the protect Second Amendment rights of lawful gun owners. Senate Bill 1467 is neither.

Sincerely,
Janice K. Brewer
Governor

Source