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 Post subject: Arizona HB 2057
New postPosted: January 2nd, 2018, 5:40 pm 
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Legislative season is upon us again. Take a look at Arizona HB 2057 introduced by Rep. David Stringer of Prescott, and drafted by your's truly.

http://azcapitoltimes.com/news/2018/01/01/bill-seeks-to-override-future-federal-gun-restrictions/


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 Post subject: Re: Arizona HB 2057
New postPosted: January 2nd, 2018, 7:12 pm 
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I hate to say it but the maximum age part is the critical part for me.

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 Post subject: Re: Arizona HB 2057
New postPosted: January 2nd, 2018, 8:02 pm 
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ynotaz wrote:
I hate to say it but the maximum age part is the critical part for me.


When we passed that part last time it made it through the House and Senate up to Brewer's desk, only to be vetoed.


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 Post subject: Re: Arizona HB 2057
New postPosted: January 2nd, 2018, 8:45 pm 
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Quote:
And just to be sure that folks who turn 46 don’t lose their gun rights because of new federal laws, HB 2057 also would expand the definition of the militia to remove the maximum age. But it would add a new requirement that they be “capable of acting in concert for the common defense.”


Every individual is capable of acting while standing next to somebody. What does that mean? Would some judge hostile to our rights assert that this requires enrollment in an organization of some sort?

What would be an example of a person incapable of acting in concert for the common defense?

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 Post subject: Re: Arizona HB 2057
New postPosted: January 2nd, 2018, 11:31 pm 
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Legislation can not extend the maximum age of militia members. The maximum age is fixed by Article 16, Section 1 of the Arizona Constitution per Article 16, Section 1:

Quote:
Article 16 Section 1 - Composition of militia
1. Composition of militia

Section 1. The militia of the state of Arizona shall consist of all capable citizens of the state between the ages of eighteen and forty-five years, and of those between said ages who shall have declared their intention to become citizens of the United States, residing therein, subject to such exemptions as now exist, or as may hereafter be created, by the laws of the United States or of this state.

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 Post subject: Re: Arizona HB 2057
New postPosted: January 3rd, 2018, 5:30 am 
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Age discrimination needs to be sorted in that Article 16, Section 1. That is a backdoor for the progressives.

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 Post subject: Re: Arizona HB 2057
New postPosted: January 3rd, 2018, 6:19 am 
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And from the article "For example, he said U.S. citizens are, in fact, allowed to possess certain machine guns. Taylor said, though, nothing in this legislation would exempt Arizonans who want one from having to go through the special process now in place to get licensed for one,", leads me to believe that the Representative needs a new attorney. One does not get licensed, one has to pay a TAX to own a NFA item.

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 Post subject: Re: Arizona HB 2057
New postPosted: January 3rd, 2018, 8:20 am 
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storage_man wrote:
And from the article "For example, he said U.S. citizens are, in fact, allowed to possess certain machine guns. Taylor said, though, nothing in this legislation would exempt Arizonans who want one from having to go through the special process now in place to get licensed for one,", leads me to believe that the Representative needs a new attorney. One does not get licensed, one has to pay a TAX to own a NFA item.


Hi,

As the attorney in question, you will note that quotes in the media are not always quotes used exactly in their precise context, but things assembled from what a reporter took away from an hour long interview. My discussion of licensing was in part of the conversation concerning the different classes of FFL and their ability to handle things which may or may not be deemed subject to the NFA. I explained tax paid transfer and registration in the interview, but of course there were many topics discussed which were not presented in a short news article. All in all, I believe the reporter (Mr. Fischer, a non-firearm guy) did an outstanding job getting the main point of the bill out and not going the route of "we're all going to die" meets "think of the children" that we encounter with such frequency in the media. I believe he did his best to craft a neutral article out of an hour which included citations and references to no fewer than 8 Supreme Court cases and many technicalities involving legal interpretation.

As to the age issue and the AZ Constitution, there is a concurrent resolution attached to the bill, also referenced in both paragraphs 5 and 26 of the news article, placing an amendment to the AZ Constitution on the ballot.

As to the language, it mirrors the definition of "militia" used by the SCOTUS...

"comprised all males physically capable of acting in concert for the common defense" United States v. Miller, 307 U.S. 174 (1939) which was in turn paraphrasing "It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states" from Presser v. State of Illinois, 6 S.Ct. 580, 116 U.S. 252, 29 L.Ed. 615 (1886)

While we all understand both the 2nd Amendment of the U.S Constitution, and Article II Section 26 of Arizona Constitution to preclude any infringement on an individual right, we live in the reality of an upheld and unchecked 10 year "Assault Weapon" ban from 1994 to 2004 based solely on the ability of Congress to regulate "interstate commerce". We are likewise 215 years too late to ask the country to ignore Marbury v Madison, so any fight against similar legislation will take place in the U.S. Supreme Court, along with the ballot box, and for the Court, making a presentation of their own language, based on precedents of their own making, is how to give the Justices interested in upholding the Second Amendment, a reason to decide in our favor... Re-read Miller and Heller on the question of, and importance of, judicial notice in the tests put forth by the Court. Had Miller's attorney actually appeared before the court, and brought evidence to support Miller's assertion, the last 79 years would likely have been different; but that isn't the world we live in. Legislation such as this must be designed from the outset to be taken to court. The target audience ultimately consists of 9 people in black robes.

I hope this helps with some of the questions.


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 Post subject: Re: Arizona HB 2057
New postPosted: January 3rd, 2018, 4:56 pm 
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Thank you for your efforts on our behalf. I appreciate it, as I am sure many others do.

Could you give an example of a person who is not "capable of acting in concert for the common defense"?

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 Post subject: Re: Arizona HB 2057
New postPosted: January 3rd, 2018, 7:51 pm 
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milquetoast wrote:
Thank you for your efforts on our behalf. I appreciate it, as I am sure many others do.

Could you give an example of a person who is not "capable of acting in concert for the common defense"?


Certain extremely stringent pacifists or objectors perhaps, but really nearly anyone actually willing to do so should be able to make a concerted effort to aid in the common defense. Can you drive a truck, analyse some data, collect some data, operate communications equipment, bake a cake to feed those doing any of those or other activities, then you appear to be capable of acting in concert for the common defense. U.S. v Miller's "acting in concert" is certainly more inclusive than Presser's "capable of bearing arms", because even those with physical or other limitations may still be capable of acting in concert for the common defense.


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 Post subject: Re: Arizona HB 2057
New postPosted: January 28th, 2018, 11:56 am 
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Hi everyone,

We have shifted our focus to HB 2059, which is the more expansive version of HB 2057 (I drafted three bills and one concurrent resolution). It will be heard in the House Federalism Committee on Tuesday 1-30-2018 at 14:00. It includes all of HB 2057 and adds one correction to ARS 13-3114 D. 4. and creates a mechanism for the State to sell firearms, which may become restricted, directly in the event that an exercise of the commerce clause keeps FFLs from being able to do so.

The House Military Affairs committee will hear HCR 2002, the proposal to modify the Arizona Constitution to eliminate the upper age limit on the definition of militia, and bring the definition in line with the one used by the SCOTUS. This hearing is scheduled for Monday (tomorrow) at 14:00.

There is still time to sign up to speak before these committees. Even if you get there in the morning, there are computer terminals on the ground floor of the House of Representatives where you can create an account and register to speak or just register in support of both of these bills. The anti-gun folks have had a massive sign-up campaign to speak against these bills, so any friendly folks would be more than welcome to join me in speaking on behalf of or just lending bodies in the chamber in support of the work I am doing pro bono here.

We also just had another new article in the press the other day based on another hour-long interview I gave.

http://arizonasonoranewsservice.com/making-sure-the-militia-shoots-straight-and-keeps-their-guns/


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 Post subject: Re: Arizona HB 2057
New postPosted: January 28th, 2018, 6:06 pm 
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Thanks for the great work. We went from 6 people registered as supporting HB2059 this morning, to 74 right now. Those opposed only picked up 2 so far today. Magically (because they obviously monitor this and other lists) while HCR2002 picked up a similar number of favorable supporters today, it also went from only one opposed (the City of Tucson), to now 45 opposed. Looks like a hot one folks!

Thanks again, and keep up the good work!


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 Post subject: Re: Arizona HB 2057
New postPosted: January 28th, 2018, 10:18 pm 
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I'm in.

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 Post subject: Re: Arizona HB 2057
New postPosted: January 31st, 2018, 6:45 am 
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I testified before the House Military, Veterans and Regulatory Affairs Committee on Monday, and HCR2002 received a "Do Pass" recommendation and will now proceed to a full vote on the House floor. Yesterday (Tuesday) I testified before the Federalism, Property Rights, and Public Policy Committee, and HB2059 also received a "Do Pass" recommendation and will now proceed to a full vote on the House floor as well. Please encourage your Reps to vote for these bills.
Once this clears the House we then move to the Senate, where the whole process starts again, and we get new Committee assignments, more testimony, more explaining to the members of the Senate, hopefully a full Senate vote, then off to the Governor to sign. We have negotiated our first hurdles, but we still have a long road ahead of us.
Thanks for all of your support. We are nearing 200 people signed up in favor of the bill. This certainly helps.


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