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Tucson, Arizona | Published: 06.21.2006
PHOENIX — Arizona voters may get a chance to do something that Gov. Janet Napolitano would not: limit her power to take away their guns or limit their rights to carry guns during an emergency.
On a 4-2 party-line vote, the Republican-controlled Senate Government Committee approved a measure Tuesday that would legally bar any governor from using a state of emergency to place new restrictions on the possession, transfer, sales, carrying, storage, display or use of firearms or ammunition. The bill also would remove any ability to commandeer and use weapons or ammunition during any state of war.
It now goes to the full Senate. If it passes there, and also gains House approval, it goes on the November ballot, bypassing Napolitano.
The proposal is a carbon copy of legislation approved earlier this year but vetoed, with the governor calling it both unnecessary and overly restrictive.
On one hand, Napolitano said she has no intent of ever taking away someone's firearms, even during an emergency. But the governor said she fears new restrictions might be overly broad, potentially preventing her from ordering live ammunition removed from the path of a fire.
But Sen. Dean Martin, R-Phoenix, said that excuse does not wash.
He said the measure does not restrict any existing laws or regulations, regulations he said include the power to protect public safety by moving ammunition. What it does do, he said, is block a governor from unilaterally imposing new restrictions that have not been approved by the Legislature.
The measure had broad support when it was originally considered. It gained Senate approval on a 25-3 vote, with the House ratifying it 45-12 — both margins large enough for an override.
But when the governor vetoed it, some Senate Democrats who supported it the first time changed their minds, leaving lawmakers without the necessary two-thirds margin.
"I'm not willing to override the governor on this one," said Sen. Robert Cannell, D-Yuma, one of those who switched his vote. Only Sen. Marsha Arzberger, D-Willcox, ignored party loyalty and agreed to override the Democratic governor.
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