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.
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




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