Posted on May 26, 2021 in Weapons Charges
The Second Amendment applies in all 50 states. It guarantees the right to bear arms. However, it does not prohibit states from enacting restrictions on gun ownership.
Some states have enacted strict gun laws that dictate how guns are purchased and transferred and who has the right to own and possess a gun within that state. Other states have more lenient gun laws. A few states take great pains to ensure that the Second Amendment remains strong and unrestricted within the boundaries of their states.
There are many different resources you can access to learn about gun rights in all 50 states. Several resources analyze the firearms laws across the country and compile an annual list of the best states for responsible gun owners. They also rank the worst states for gun owners.
According to Guns & Ammo, the top five gun-friendly states for 2020 were:
The staff of Guns & Ammo also ranked the worst states in the country for gun owners based on current gun laws:
These states had the most restrictions on guns and firearms. Guns & Ammo used a variety of criteria to rank each state. For example, they reviewed the laws that restricted or banned certain types of firearms, including suppressors and short-barreled shotguns.
Additionally, they reviewed the laws in each state for obtaining a Concealed Weapons Permit and the Right-to-Carry laws for each state. States that had a constitutional carry law received the highest points in this category.
The staff members also reviewed self-defense laws, including the Castle Doctrine and Stand Your Ground laws. States that give gun owners the right to use deadly force to defend themselves, other individuals, and their property received the highest marks for this category.
The lists for best states for gun owners vary, depending on the source. However, Arizona generally makes the top five. Indeed, it is in the top one or two on many lists.
There are many reasons why Arizona is considered an excellent state for responsible gun owners. Article II, § 26 of the Arizona Constitution states that a citizen’s right to bear arms in defense of themselves or the state will not be impaired. Likewise, Arizona Revised Statutes § 12-714 states that citizens have the right to bear and keep arms.
Two other recent gun laws are examples of why gun owners like Arizona. First, Governor Ducey signed HB2111 (2nd Amendment Unenforceable Federal Laws) into law on April 6, 2021, strengthening gun rights laws within the state. The new law signed by Gov. Ducey bars law enforcement agencies, local governments, the state, and employees from enforcing federal gun control measures that are inconsistent with any laws of the state regarding the regulation of firearms.
In other words, Arizona is taking a strong stance against attempts by the federal government to override state laws regarding gun rights and gun ownership. On May 7, 2021, Gov. Ducey signed another bill intended to further protect Second Amendment rights within Arizona. Senate Bill 1382 is designed to protect against frivolous lawsuits that do not relate to the unlawful use of firearms.
SB 1382 prevents the state and all state entities from suing members of the firearms industry for the lawful design, distribution, sale, and marketing of ammunition and firearms to the public. The law also prohibits civil actions against sellers, manufacturers, and related trade associations for damages caused by the criminal misuse of ammunition or firearms, with limited exceptions.
SB 1382 codifies the federal provisions of the Protection of Lawful Commerce in Arms Act (PLCAA) that was passed in 2005. The goal is to ensure that the protections are part of state law in case steps are taken to erode or change the federal protections for members of the firearms and ammunition industry.
Although Arizona is a strong Second Amendment state, you can still receive severe penalties for violating gun laws. Weapons charges carry lengthy prison sentences, high fines, and other severe penalties.
For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.