Arizona Capitol Reports Staff//April 15, 2005//[read_meter]
Arizona Capitol Reports Staff//April 15, 2005//[read_meter]
Legislation that would allow firearms to be carried into bars and restaurants by patrons — provided they do not drink alcohol there — is awaiting Senate approval on amendments made by the House before being sent to the governor.
The House approved S1363 March 12 by a vote of 36-22.
Proponents touted the vote as a victory for the individual right to bear arms, while detractors said the bill has nothing positive about it and will only lead to violence and bloodshed.
Sen. Jack Harper, R-4, the bill’s sponsor, said he was pleased his colleagues in the House approved the bill.
“I am relieved that the elected officials in the House of Representatives have seen through the hysteria surrounding the bill and in the media,” he said.
Opponents said the hysteria was justified.
“Guns in bars kill,” Rep. David Lujan, D-15, said during floor debate. “Guns anywhere near bars kill.”
The bill would allow guns in bars and other establishments that serve alcohol on the condition that the person carrying the gun cannot consume any alcohol there. Bars and restaurants that do not want to allow firearms on their property can opt out of the statute by posting a signs at entrances saying so.
Mr. Lujan said situations similar to last month’s shooting death of former Arizona State University football player Brandon Falkner outside a Scottsdale nightclub is a perfect example of why guns shouldn’t be allowed in or near bars.
Rep. Eddie Farnsworth, R-22, said the bill does not impact the lawfulness of using the gun.
“You can’t go into a bar and start shooting,” he said. “It’s still illegal to shoot people.”
The bill, Mr. Farnsworth said, strikes a delicate balance between three rights of citizens: the right to bear arms, the rights of property owners and the rights of all to safety.
“This bill allows that balance to take place,” he said, “which has not taken place in a while since the [Arizona] Constitution was, in my opinion, violated.”
Prohibition Has Existed Since Statehood
A prohibition of guns in bars, among other places, such as churches and circuses, was included in the laws Arizona adopted upon statehood. Rep. Kyrsten Sinema, D-15, said this bill is wrong to try and reverse that.
“The founders of Arizona knew it was bad and it is still bad today,” she said.
Two Democrat opponents of S1363 attempted unsuccessfully to amend the bill.
Rep. Steve Gallardo, D-13, introduced an amendment that would have essentially reversed the effect of the law. Under his plan, restaurants and bars would have to post a sign if they wanted to allow firearms in their business instead of a sign to forbid them.
His amendment also would have required any sign to have an image of a handgun and a rifle on it.
A floor amendment by Rep. Tom Prezelski, D-29, would have allowed all weapons in bars and restaurants, not just firearms. He said the constitutional right to bear arms does not pertain only to guns, but all weapons, so the bill should include all weapons in its provisions.
One of the bill’s opponents said he didn’t understand the rationale behind it and said no amount of amending could persuade him to support it.
“I don’t think we could possibly make this bill any better,” Mr. Gallardo said. “It’s a dumb bill — let’s be honest.” —
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