Fri, May 09, 2008

Protection against gun seizures in the offing

State could order ammo moved in an emergency
By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 02.22.2007
PHOENIX — Arizonans are on the verge of finally getting some legal protection against having their guns seized by the government.
Sen. Jay Tibshraeny, R-Chandler, said representatives of Gov. Janet Napolitano and the National Rifle Association have agreed to a change in state law that would restrict the power of any governor to confiscate weapons and ammunition in time of emergency.
The measure is similar to a bill Napolitano vetoed last year. But it includes a new provision that would permit government officials to order the movement of stores of ammunition "out of the way of dangerous conditions."
The change directly addresses concerns Napolitano expressed in her veto last year. But Tibshraeny, who brokered the deal, said it also addresses his fears.
"They're not going to be taking any firearms," he said.
Gubernatorial press aide Jeanine L'Ecuyer would not confirm nor comment on any deal. But Tucsonan Todd Rathner, a member of the NRA national board, said his organization is willing to give on the issue of munitions storage to get the statutory protections his organization wants for Arizona gun owners.
The move came just hours after the Senate voted 22-8 Wednesday to make it illegal for any governor, the adjutant general of the Arizona National Guard or any other state official to place any restrictions on the possession, sale, use, carrying, display or transfer of firearms or ammunition.
That vote occurred only after Tibshraeny assured colleagues the legislation they were approving was not going to be the last word. Senate Minority Leader Marsha Arzberger, D-Willcox, said her support of the final version is conditional on its being acceptable to the governor.
Although Arizona has very broad protections for gun owners, the NRA grew concerned after what happened in New Orleans in the wake of Hurricane Katrina, when police went door to door and confiscated firearms.
A federal judge subsequently overruled that directive and ordered the weapons returned.
In her veto last year, Napolitano said the legislation "simply goes too far." For example, she said it would prohibit her from ordering that ammunition stored in the path of a forest fire be moved.
"As such, this bill as drafted is not in the best interest of Arizonans — including lawful gun owners," Napolitano wrote.
The amendment Tibshraeny offered would allow the "reasonable movement" of ammunition if there is a dangerous condition. He said both the NRA and the governor's representative appear happy with that.
Rathner said the NRA didn't agree that last year's legislation would prevent government employees from moving a cache of ammunition. But he said his organization was willing to include language to spell that out if it removed the impediment from the bill becoming law.
"We're not looking to tie the governor's hands on an issue like that," he said. "What we want to make sure is that it's very clear to this governor, future governors, that they can't do what the government tried to do in New Orleans after Hurricane Katrina."