Date: Sun, 27 Feb 2000 20:32:08 -0700
From: zonie@AZTEC.ASU.EDU (RICK DESTEPHENS)
Subject: Fantasy Island
To: AZRKBA@asu.edu
Editor,
Columnist E.J. Montini (Bringing Bullets to a Barbecue) shows us that research is not one of the requirements placed on him by the Arizona Republic. His musings about his fantasy picnic in Encanto park was rife with factual errors. Par for the course.
Montini finds himself wishing for a handgun for his protection while at the park, but, "unfortunately, that would be illegal in a Phoenix city park..." He is incorrect. The list of city ordinances posted at each entrance to the park all have city code numbers next to them...except for the supposed prohibition on firearms. It's city code has been taped over by city employees a few years ago. The phantom ordinance is CC 23-42, which can be read under the tape. This is not a ban on possession of firearms but a ban on the illegal discharge of firearms within the city limits. Arizona Revised code in Title 13, chapter 4 , of course, allows use of firearms in self defense. Check-mate. I have carried my firearm openly to such parks. When approached by police, I let them in on this little-known fact, and they back off and leave me alone. Better for them to concentrate on criminals, anyway, as I will not be violating anyone's rights, nor will I tolerate anyone violating mine.
Next on Montini's hit list are the legislators who support consistent laws allowing for unimpaired self-defense. He chastises them for going against the philosophy of "local control." But the only people I hear using that phrase are liberals who don't believe in the limits of constitutional government, not conservatives or libertarians. Arizona's constitution states in its Declaration of Rights that, "The right of the individual citizen to bear arms for his own defense or the State shall not be impaired..." In Arizona, cities are creations of the State, the Constitution grants no authority for cities to infringe on such rights.
Lastly, Montini errs when he states that "firearms are strictly prohibited" at the state Capitol. Funny, just a few days ago I entered the state Capitol with my Glock 21 carried openly on my belt holster. As per the "weapons checking statute" in ARS 13-3102, I requested that my pistol be stored in the weapons locker during my visit. This was cheerfully done by the professional, and polite Capitol Police. After my visit was completed, I collected my hardware and was on my way. Any private property owner or government bureaucrat can take advantage of this statute.
If any of these laws are a surprise to you, perhaps you should reconsider using Montini as a major source of information.
Rick DeStephens
Glendale, Az