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New County gun policy called illegal

By JACKIE LEATHERMAN
Today's News-Herald
Published Tuesday, March 2, 2010 12:50 AM MST

Mohave County’s new firearms and weapons policy for the county administrative complex violates an Arizona law, according to a statewide coalition for gun owners.


“They’re in open and notorious violation of state law and could be subject to civil sanction and legislative efforts to install criminal penalties,” said Charles Heller, secretary of the Arizona Citizens Defense League.

The new policy, effective March 1, states firearm owners must “fill out a form that fully identifies the weapon, i.e. make, model, serial number, if applicable” if depositing the firearm into the county’s new locker system upon entering the Mohave County Administration building at 700 W. Beale St. in Kingman.

The new policy is in response to a Feb. 16 incident when a group of citizens decided to exercise their rights to carry weapons into the Mohave County Board of Supervisors meeting. Kingman resident Mervin G. Fried, 45, was arrested that day for trespassing after attempting to carry a holstered pitchfork into the meeting. Other citizens that day carried holstered handguns and were allowed to enter the meeting.

State law requires public entities to provide secure lockers if officials are going to ask citizens to remove their weapons prior to entering a government building.

On Feb. 16, the county did not have a weapons policy or lockers.

Heller said the county’s written weapons policy asking for weapon identification information violates a state statute that prohibits governments from requiring the licensing or registration of firearms.

“That is clearly registration of a firearm,” Heller said.

But Mohave County Chief Civil Deputy County Attorney Bob Taylor disagreed.

He said the required form gun owners must fill out upon depositing their weapons asks for owners’ names, including showing valid photo identification, and the make and model of the weapon. The county would only ask for the serial number “if applicable,” Taylor said.

He said the county’s intent is to ensure the correct weapons are returned to the proper owners.

Taylor said the state statute that Heller refers to prohibits gun owners to officially register their weapon with Mohave County government if they live here.

But Heller said the county should instead enact procedures where gun owners are given a numbered key that corresponds to a secure locker, with the same number, upon entering the building. Gun owners can then deposit their own weapons and keep the key until they are ready to leave the building.

Taylor said Heller’s suggestion “might be an idea.”

“The county is trying to set this up so it’s in accordance of statute,” Taylor said. “It’s not to say the policy can’t be tweaked as objections arise.”

Luca Zanna, a Golden Valley resident, who was one of the citizens involved in the weapons demonstration Feb. 16, said the county had lockers in place for the March 1 Mohave County Board of Supervisors meeting.

Zanna, however, said there weren’t enough lockers available to individually secure everyone’s weapon who was trying to enter the meeting. He said county officials initially attempted to prohibit the citizens from entering the meeting, but then decided more than one weapon could be placed in one locker.

Zanna said county security did not require a recorded firearm serial number or driver’s license when the citizens deposited their weapons.

“We are law abiding citizens,” Zanna said. “We don’t do anything that could be illegal.”

An Arizona law prohibits citizens from carrying weapons into buildings or events if the citizens are asked to remove the weapons and leave them with the buildings’ or events’ operators — but the law states the operators must provide a secure area for the weapons.

Citizens could face a misdemeanor charge of misconduct with a weapon if they refuse to give up the weapon.

Fried instead was charged with trespassing Feb. 16 because the county did not have the proper lockers, according to Heller.

The county must “install a facility” if they are going to “invoke” their authority of requesting weapon removal, Heller said.

“If they don’t, they are in violation,” he said, but he added there is “no criminal penalty” in the state statute that holds the county responsible for not having the lockers if they ask for weapons to be removed.

“It’s a flaw in the law, or a flaw in the application of the law,” Heller said, adding that the coalition is currently working on legislation to close that loophole.

“This is government playing gotcha,” Heller said. “They don’t like criticism. Government does not want the symbolism of people standing outside of their office with a pitchfork.”

You may contact the reporter at jleatherman@havasunews.com

Article Rating

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Comments (6 comment(s))

    northbound wrote on Mar 8, 2010 7:24 PM:

    " wasteland why is it just because I'm in agreement with what getoverit said by MCSO being behind in times, you don't get what I was saying. Have another beer. "

    LHCwasteland wrote on Mar 7, 2010 8:09 AM:

    " Did anybody get what northbound wrote? It sounds like she's posting with her teeth out again. "

    BonHomme Richard wrote on Mar 2, 2010 11:40 AM:

    " I leave my guns in the car. With both clips handy when I get back in the car. Always watch some city employee may go postal for not getting his new city car. "

    northbound wrote on Mar 2, 2010 10:35 AM:

    " yep get they are behind "

    bob from ventura wrote on Mar 2, 2010 9:16 AM:

    " Why do I get the feeling that Heller, and his little band of rednecks, just wanted to make a scene? I am sure that, if they had known there were a dozen lockers, they would have made sure to have 13 firearms, just to have something to yell about.

    I really would hope that we could all find something to ask our government to waste time on that would meet a productive goal, somehow. This argument is not productive. "

    getoverit wrote on Mar 2, 2010 6:15 AM:

    " wow MCSO your a bit behind in times. The CO I work for has it on the front door of admin NO WEAPONS BEYOND THIS POINT. Only certified officers are allowed to walk into our department with their duty weapons while on duty. Ya should of done that years ago instead of asking the public to turn over their weapons befor entering the building. I do believe even the LHCPD has a sign saying the same thing. Duh that way public knows not to bring it inside and they leave it in the car. Come on MCSO get with the program. "

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