State senators voted Tuesday for what was crafted as a comprehensive school and public safety plan — but not before Republicans removed a key provision designed to take guns away from dangerous people.
SB 1519, approved on a 17-13 party line vote, still allows police to ask a judge to have someone brought in for mental evaluation. And judges remain able to order temporary removal of weapons if there is “clear and convincing evidence” the person is a danger to self or others.
But Sen. Steve Smith, R-Maricopa, took out language which also would have allowed family members, school administrators, probation officers, behavioral health professionals, roommates and “significant others” to go to court to seek what are known as Severe Threat Orders of Protection.
“This amendment guts this bill, period,” said Sen. Steve Farley, D-Tucson.
Smith disagreed, saying that parents and others who believe someone is a danger still have the option of calling police who, in turn, could start the court process. Farley was unconvinced, saying law enforcement officers already have more than enough to do than go out and investigate every time someone calls with a complaint that a friend or family member is acting erratically and should be evaluated to see if their guns should be taken away.
In stripping the provision, Smith had the support of his GOP colleagues.
But there is one Republican whose blessing for the somewhat stripped-down bill is missing: Gov. Doug Ducey. In fact, it was top Ducey aides who, in unveiling the legislation earlier this year, stressed the importance of family members and school administrators in keeping schools safe and, in a larger sense, protecting the public against mass shootings.
Daniel Ruiz, one of Ducey’s policy advisers, cited the 2011 mass shooting in Tucson by Jared Loughner that killed six and injured 13 including then-U.S. Rep. Gabrielle Giffords.
“Jared Loughner actually was feared by his parents,” Ruiz said. “His parents would take away his gun at night … because they feared he was a danger to himself or to others.”
Ducey aides also cited the February shooting at Marjory Stoneman Douglas High School in Florida, saying the the former student who killed 17 students and faculty members there in February had been called to the shooter’s home 39 times during a seven-year period. They said the suspect made threat to attack the school in 2016 and was caught with a “gun-related object” in his backpack.
Elimination of the provision could put Ducey in a tough position if the watered-down version of SB 1519 reaches his desk.
“Absolutely the governor crafted this because he wanted to give parents and educators another mechanism, another tool to report these things and have them dealt with,” said gubernatorial press aide Daniel Scarpinato.
“He wants to see it included in a final bill,” he said. “He would like to see the bill that he put forward on his desk.”
But Scarpinato said Ducey recognizes he has to work with the Legislature.
The bill’s future is clouded by opposition from House Republicans, who before Tuesday’s vote in the Senate had expressed concerns with the bill as proposed by Ducey.
The governor already has had to jettison some of the things he had proposed.
For example, the original plan would have made it a felony for someone to leave a gun around in a way that a minor could get access to it.
During floor debate Tuesday, Sen. Lupe Contreras, D-Avondale, sought to restore that language. Contreras, who is a gun owner, said it simply reflects responsible gun ownership.
Republicans were unconvinced, rejecting the proposal.
Ducey’s plan also would have denied state-issued permits to carry concealed weapons to individuals with outstanding arrest warrants. And it would have said that simply because a felon has a conviction set aside should not automatically translate into restoration of the right to have a gun.
Neither were in the version that Smith brought to the Senate floor. And Smith took the lead on Tuesday in blocking various amendments offered by Democrats.
For example, Sen. Olivia Cajero Bedford, D-Tucson, sought a ban on “bump stocks,” devices that allow semi-automatic weapons to fire off hundreds of rounds a minute.
Smith opposed it, saying it is being considered at the federal level, a reference to President Trump directing the Department of Justice to review federal laws and rules. That did not satisfy Cajero Bedford who cited the 58 killed and 851 injured in Las Vegas.
“We can do this right now today,” she said.
Smith was still not convinced, saying the wording of the proposed ban would affect the ability of people who are handicapped to go hunting.
Republicans also rejected a bid by Sen. Sean Bowie, D-Tempe, to add funding for more school counselors.
And Farley had no luck in proposing that weapons can be sold in Arizona only if the buyer goes through the same kind of background check now required when a gun is sold by a licensed firearm dealer.
Farley pointed out that much of the bill is based on the concept of keeping weapons out of the hands of those who should not have them. That includes any court order precluding someone judged to be a danger to self or others from possessing a weapon.
But putting that person’s name on a list of prohibited possessors would block only sales made by licensed dealers.
“If you’re going to keep people from having guns, if they’re a danger to others or themselves … then why would you give such large loopholes where people are prohibited from having guns could go to the gun show, go to the Internet or go to their buddy and buy a gun without a background check?” he asked.
“This infringes on responsible people being able to own a firearm,” said Sen. Sonny Borrelli, R-Lake Havasu City.
And Sen. Katie Hobbs, D-Phoenix, had no better luck with a proposal to require that people report stolen weapons to police. Smith said that’s not fair, as nothing in state law requires people to file police reports when jewelry or automobiles are stolen.
to the people of Tucson whom send us nothing but one horrible liberal after another with emotion not intellect in every decision they make bumpstocks do not make a gun a select fire they are a novelty to go out to the range and goof off with there value is only for fun they are hard to use in any moving situation and the only reason it worked in Vegas is he was shooting into a crowd but anyone that knows guns knows that but I would not expect anything else out of another wonderment of intelligence likeSen. Olivia Cajero Bedford, D-Tucson and the reality is he could have killed just as many people without one. Gun control is not the answer especially idiotic emotion driven laws that just turn law abiding citizens into criminals they bought the items legally as they were found to be a legal item by obamas atf on more then one occasion asking them to turn them in without compensation is unconstitutional and wrong and lawsuits will be to follow and I only wish MR Bedford and his district that sent him to serve them would have to pay the legal fees and not the rest of us
It seems every time I read about Doug Ducey or one of his opinions or actions he’s taking, I keep asking when we can finally get rid of this guy? He’s no Republican. And quite frankly, he’s got to be one of the worst governors we’ve ever had in this state. I mean seriously…. the guy goes bankrupt because he can’t figure out how to sell ice cream in Phoenix – then pretends he has the wisdom and insight to run the state? And look how proud he is that he’s balancing the budget on the backs of the state employees – many of whom haven’t had a raise in 10 years. What a guy. Harden the schools. Create controlled ingress/egress points. Post police officers at each school. And allow teachers who would like to be armed to have access to their personal weapons which otherwise remain locked in a gun safe in the classroom. And realize even after taking these steps there is no way to make the world 100% safe. Bad things are going to happen. But don’t allow soyboy Democrats to use these tragedies to disarm our nation.
The communist that sponsored this illegal bill needs to be called out and removed from their position. Tired of you so called politicians attacking my Constitution, I swore the same basic oath you all did and as far as I’m concerned you all are Treasonous Traitors!