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Tucson, Arizona Wednesday, 14 February 2001
http://www.azstarnet.com/star/today/10214caplink.html
Capitol Link In Phoenix

Gun advocates win big in Phoenix
Panel repeals laws on some sex acts
Abortion foes win
Nitrous oxide issue
Hazing criminalized

By Howard Fischer
CAPITOL MEDIA SERVICES

PHOENIX - Gun rights advocates won at the Legislature yesterday, including victories over laws backed by the Tucson City Council and the Pima county attorney.

* The Senate Judiciary Committee rejected a bill pushed by Pima County Attorney Barbara LaWall that would make adults criminally responsible for allowing youngsters to obtain guns.

* That same committee killed a bill to require background checks of buyers who purchase weapons at gun shows.

The city of Tucson had supported that measure as a way of backing up its plan to require checks at gun shows held at the Tucson Convention Center.

* A House committee, meanwhile, passed a law to decriminalize carrying a concealed weapon without a permit. It would result in less than the fine for running a red light.

Gun show checks

The Senate Judiciary Committee voted 4-3 to kill SB 1566, which would have mandated that anyone who buys a weapon at a gun show go through a background check, whether from a licensed dealer or a private seller.

Sen. Harry Mitchell, D-Tempe, said many crimes are committed with illegally purchased weapons and noted that the gun used to kill three employees at a Tucson Pizza Hut was purchased at a Tucson Convention Center gun show.

That argument didn't impress Sen. Tom Smith, R-Phoenix. "A potential criminal who wants a gun is going to get one," he said.

Gun responsibility

The responsibility measure, SB 1549, would make it illegal for an adult to leave a weapon where a child could get at it. But it was pulled from consideration after it apparently lacked the votes for approval.

LaWall recited a litany of people killed or injured in accidents by youngsters with guns. "Each one of these guns started off in the hands of an adult," she said.

Darren LaSorte, lobbyist for the National Rifle Association, called the bill "the boldest attack that I've seen to the individual right of self-defense."

In a day filled with discussions of the rights of gun owners, lawmakers were poised to allow individuals with concealed weapons to go into bars and get served alcoholic beverages. But that action was stopped when Democrats on the House Committee on Retirement and Government Operations walked out, leaving the panel without a quorum and forcing it to adjourn.

That bill, and another to strip cities of any right to regulate guns, are expected to be back on the agenda next week, this time with all Republicans present.

That same House panel voted to reduce the penalty for illegally carrying a weapon. It would be a petty offense, with no more than a $50 fine.

Existing law allows most individuals to obtain a special state permit to carry a concealed weapon after undergoing a background check and training classes. But those classes cost up to $250.

Rep. Randy Graf, R-Green Valley, sponsor of HB 2562, said the state Constitution guarantees the right to bear arms. He said there is no reason to make criminals out of people who simply decide to exercise that right.

Eric Edwards, representing the Arizona Association of Chiefs of Police, said the offense should remain a misdemeanor. He said police who stop cars while investigating drive-by shootings are allowed to book an offender into jail and even search the vehicle as part of the arrest procedure, something that would not be possible under Graf's plan.

The same committee also approved HB 2313 which allows anyone with a valid permit from another state to carry a concealed weapon in Arizona.

In a related issue, the panel ratified HB 2514, which immunizes the owners and operators of shooting ranges from nuisance lawsuits and other liability if the businesses were in compliance with noise regulations in effect when they went into operation.

Panel repeals laws on some sex acts

State lawmakers voted yesterday to repeal laws against certain sexual practices, saying they can't and shouldn't be enforced.

The 7-3 vote by the House Judiciary Committee came over the objections of a host of foes who insisted that the laws must remain on the books to send the right moral message.

Mesa resident Patricia Oldroyd, representing Concerned Women of America, said repealing laws against cohabitation and legalizing sodomy and "lewd and lascivious conduct" would place some relationships "on the same moral plane as marriage."

Rep. Linda Binder, R-Havasu City, said government should not regulate what occurs in people's bedrooms.

Abortion foes win

Abortion foes won the first round yesterday in their perennial effort to mandate "informed consent" before a pregnancy is terminated.

SB 1380 requires a doctor to provide certain information to a woman at least 24 hours before an abortion, including the nature and alternatives, medical risks and probable age of the fetus.

The same measure also requires the state Department of Health Services to prepare materials that would be made available. These would include pictures or drawings representing a fetus at various stages and a statement that the father is liable for child support, even if he has offered to pay for an abortion.

Nitrous oxide issue

The House Judiciary Committee voted yesterday to make it illegal to sell or give a container with nitrous oxide to anyone under 18.

The measure, HB 2011, is a direct outgrowth of the 1999 death of an El Mirage youth who died after using what is more common known as "laughing gas."

An autopsy showed the youngster had a prior existing heart valve problem.

Hazing criminalized

Members of the Senate Judiciary Committee approved a measure yesterday to make hazing a crime. SB 1096 specifies it would be a misdemeanor to cause physical harm or personal degradation to someone at an educational institution.