HB2617

THE CONTEXT: Current statute provides that a peace officer may not be prohibited from carrying a firearm except in specifically delineated circumstances. Peace officers who are employed as law enforcement officers in Arizona must be in compliance with Arizona Peace Officer Standards and Training Board (AZPOST) firearm requirements to qualify for this exemption from firearm prohibitions.

WHAT THE BILL DID: The final vetoed version would clarify that the definition of peace officer for purposes of A.R.S. 38-1113 includes a constable or deputy constable, while on-duty or off-duty, who is not suspended from duty or charged with a felony offence, and who either: a) Is an AZPOST certified peace officer; or b) Completed AZPOST-approved firearms training, maintains annual firearms proficiency, undergoes a psychological examination (unless waived by the county or the Arizona Counties Insurance Pool) and either: i) Possesses a valid Arizona concealed weapons permit; or ii) Completes a POST-approved background investigation, require AZPOST to forward copies of all certificates of completion, permits and proficiency records to the Constable Ethics Standards and Training Board within 30 days after completion, and asserts that this extension of firearm carrying rights to constables does not create a liability for a county unless the constable is performing his official duties.

WHY IT MATTERED: The practical reason for this bill was to make the licensing pathway more workable while retaining a defined state standard. It would clarify that the definition of peace officer for purposes of A.R.S. 38-1113 includes a constable or deputy constable, while on-duty or off-duty, who is not suspended from duty or charged with a felony offence, and who either: a) Is an AZPOST certified peace officer; or b) Completed AZPOST-approved firearms training, maintains annual firearms proficiency, undergoes a psychological examination (unless waived by the county or the Arizona Counties Insurance Pool) and either: i) Possesses a valid Arizona concealed weapons permit; or ii) Completes a POST-approved background investigation, and would also require AZPOST to forward copies of all certificates of completion, permits and proficiency records to the Constable Ethics Standards and Training Board within 30 days after completion, rather than leave the current rule unchanged.