ARS Revision; SB 1242

[InspctrClouseau]

Hey,

A while back I posted to inform sworn officers of a new bill that passed which added detention officers, as well as several other classifications of LEOs, to ARS 13-3102: Misconduct involving weapons. It appears that the ARS website has finally been updated to show these changes.
I am curious though, have any of you sworn folks heard anything about these changes through your agencies?

[StalkerCop]

Nope. This is the first I have heard of it. Arizona Department of Corrections Officers have been allowed to carry concealed on their credentials for years. DOC Officers qaulify on AZPOST firearms training in the academy. However last I knew MCSO Detention Officers do not qualify at their acaedemy. Has that changed?

[SHERiFF0880]

3. A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections; or

It looks like the above only apply to those that are with AZDOC... Its kind of not clear if it applys to City/Sheriff's Detention Officers... This would be a good question to pose to your office's/department's firearms instuctors. All AZDOC officers recieve firarms training, however not all Detention Officers do.

If you are a detention officer for a city or a sheriff's office, and HAVE NOT been certified to carry a firearm on duty or recieved any agency specific training, I would be especially careful with this...

[3oomstick]

This only applies to weapon certifed detention officers.

[InspctrClouseau]

3. A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections; or

It looks like the above only apply to those that are with AZDOC... Its kind of not clear if it applys to City/Sheriff's Detention Officers... This would be a good question to pose to your office's/department's firearms instuctors. All AZDOC officers recieve firarms training, however not all Detention Officers do.

If you are a detention officer for a city or a sheriff's office, and HAVE NOT been certified to carry a firearm on duty or recieved any agency specific training, I would be especially careful with this...

The problem with this is that the DOC do not have detention officers, they have correctionial officers, ya know?

[InspctrClouseau]

This only applies to weapon certifed detention officers.

Where does it state "weapon certified" detention officers?

[InspctrClouseau]

Nope. This is the first I have heard of it. Arizona Department of Corrections Officers have been allowed to carry concealed on their credentials for years. DOC Officers qaulify on AZPOST firearms training in the academy. However last I knew MCSO Detention Officers do not qualify at their acaedemy. Has that changed?

This is true. Detention officers don't qualify in firearms in basic training, however the training becomes available afterwards to a few that are lucky enough to get approved for it.
The way I read it, I don't see any distinction made between a DO that is weapons certified or not. The only part of ARS that addresses weapon cert. DO's is in regards to obtaining a CCW permit, which is not a new part to the ARS statute. Weapons cert. DO's need only mail in their weapons qualification with the application paperwork to get their CCW, where as others still needed to take the class.

[3oomstick]

Where does it state "weapon certified" detention officers?

It does not specifically state "weapon certified" but it is implied or should be. Before SB1242, the exemptions in only applied to Peace Officers, Wardens, Corrections Officers, Military Personnel, and etc. because these members of law enforcement were AZPOST or equivalently trained and certified in the use of firearms. Now Detention Officers are included with the “implied” expectation that they will meet AZPOST qualification. Graduating the DO academy and getting a CCW is not sufficient to be covered under ARS 13-3102C. CCW requires 8-hours of training covering some law, weapon maintenance, marksmanship, and a 10-round 10-yard qualification. Weapon certification for DO’s is equivalent to AZPOST standards. To become weapon certified you have to go through 60+ hours of extensive training, the same as deputies or police officers. Too much liability if they did it any other way.

By your rational I’ll give you an example:
A young 18 year old just graduated from a detention officer academy and he found out about ARS 13-3102C on the internet. Wow, now he believes he can go almost anywhere he wants and carry his gun since he can open carry a handgun at the age of 18. Why not, he’s a Detention Officer? ARS 13-3102C states he is exempt from being charged for misconduct involving weapons if he should:
1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person; or
2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation; or
3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or
7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13-3102.01; or
11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or
12. Possessing a deadly weapon on school grounds; or
13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person;……….

Do you see what I’m getting at about “weapon certified” Detention officers? SB 1242 should have clarified that only weapon certified detention officers meet the exemptions in 13-3102C.

InspctrClouseau, I hope you didn’t take this as a slam to you and I didn’t mean any disrespect in what I wrote above, that is just my opinion on the matter and I could be way off base. I can see how adding Detention Officers to the exclusions can be confusing and misleading that’s why I believe that DO’s should be regulated by AZPOST as DOC is but, that is a topic for another thread.

[Blkside]

I have a question as I am going to apply to some AZ departments when I return.

As a sworn LEO (Full time PD or SO) are you allowed to carry on your credentials alone?

[InspctrClouseau]

It does not specifically state "weapon certified" but it is implied or should be. Before SB1242, the exemptions in only applied to Peace Officers, Wardens, Corrections Officers, Military Personnel, and etc. because these members of law enforcement were AZPOST or equivalently trained and certified in the use of firearms. Now Detention Officers are included with the “implied” expectation that they will meet AZPOST qualification. Graduating the DO academy and getting a CCW is not sufficient to be covered under ARS 13-3102C. CCW requires 8-hours of training covering some law, weapon maintenance, marksmanship, and a 10-round 10-yard qualification. Weapon certification for DO’s is equivalent to AZPOST standards. To become weapon certified you have to go through 60+ hours of extensive training, the same as deputies or police officers. Too much liability if they did it any other way.

By your rational I’ll give you an example:
A young 18 year old just graduated from a detention officer academy and he found out about ARS 13-3102C on the internet. Wow, now he believes he can go almost anywhere he wants and carry his gun since he can open carry a handgun at the age of 18. Why not, he’s a Detention Officer? ARS 13-3102C states he is exempt from being charged for misconduct involving weapons if he should:
1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person; or
2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation; or
3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or
7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13-3102.01; or
11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or
12. Possessing a deadly weapon on school grounds; or
13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person;……….

Do you see what I’m getting at about “weapon certified” Detention officers? SB 1242 should have clarified that only weapon certified detention officers meet the exemptions in 13-3102C.

InspctrClouseau, I hope you didn’t take this as a slam to you and I didn’t mean any disrespect in what I wrote above, that is just my opinion on the matter and I could be way off base. I can see how adding Detention Officers to the exclusions can be confusing and misleading that’s why I believe that DO’s should be regulated by AZPOST as DOC is but, that is a topic for another thread.

I understand where you're coming from and frankly, I agree with your point. SB1242 should have clarified that only weapons certified DOs are included, but it didn't and that's the thing...until it does, you really can't argue with the print. With that said and regardless of our own personal opinions, this really does seem to legally authorize detention officers the exemptions of misconduct with weapons. Although I am not a weapons certified DO, I agree that it should be revised to only include those of us that are weapons certified. Until that happens, you really can't argue with the print because that is exactly what it says with no clause distinguishing because agency weapons certification or not.

[tzbv2p]

Yes

I have a question as I am going to apply to some AZ departments when I return.

As a sworn LEO (Full time PD or SO) are you allowed to carry on your credentials alone?

[Blkside]

Thank you.

[C0d3 thr33]

I'm not a DO or anything, but I imagine MCSO has some type of policy regarding weapons that are carried on the Office's name. No?

Again, I'm just guessing - Don't most police departments have policies outlining the do's and don'ts for officers who carry on their department credentials?

[bkbindustries]

Unless I am reading this wrong 13-3102 now says that Correction Officers and Detention Officers are allowed to carry on school grounds and at a public event which I am guessing would mean baseball games, foot ball games etc..? Is this wrong? Does anyone else read different?

3oomstick- I agree with you and if this is true about the schools grounds and everything I see a big mistake coming. I would keep my eyes open for this to be changing soon.

[SDFGlazer]

Sworn Officer

Unless I am reading this wrong 13-3102 now says that Correction Officers and Detention Officers are allowed to carry on school grounds and at a public event which I am guessing would mean baseball games, foot ball games etc..? Is this wrong? Does anyone else read different?

3oomstick- I agree with you and if this is true about the schools grounds and everything I see a big mistake coming. I would keep my eyes open for this to be changing soon.

I don't know about the specifics but others, more knowledgeable than I, have posted that

MCSO are not sworn officers and can not CCW. DOC are sworn officers and can carry CCW.