By Howard Fischer
Capitol Media Services
PHOENIX -- Arizonans who want to possess every kind of weapon from pipe bombs to hand grenades will have to instead settle for getting automatic rifles, sawed-off shotguns and silencers under the terms of a proposal approved Wednesday by a House panel..
It's not what Rep. Alexander Kolodin proposed when he introduced HCR 2037. He contends that there is a constitutional -- if not a God-given -- right to possess not just traditional firearms but even what he called "weapons of war.''
And Kolodin said it's irrelevant even if Arizona were to repeal its laws prohibiting the possession of certain weapons that that Arizonans would suddenly be able to have rockets, Molotov cocktails or improvised explosive devices, all considered felonies under Arizona law. Repealed or not, those would remain illegal under federal law.
He said, though, that the state is under no obligation to help the feds enforce those laws by having parallel laws of its own. In fact, Kolodin pointed out, the Arizona Constitution has even broader protections on the right to bear arms than the Second Amendment to the U.S. Constitution.
But his effort to repeal all state laws on prohibited weapons took a turn Wednesday when Rep. Quang Nguyen, who chairs the Judiciary Committee through which the bill must pass, stripped out much of what Kolodin sought to make legal, at least under Arizona law. What was left after the action by the Prescott Republican was only the things already allowed by federal law.
Asked to explain his move, Nguyen responded, "Nope.''
And Kolodin went along.
He said it came down to the political reality of what was needed to get his issue through the committee. In the end, however, Kolodin said he would rather have at least a partial victory to let Arizonans finally possess things that federal law already allows.
Like silencers.
They are regulated -- not banned -- by the National Firearms Act. Possession requires passing a background check, be legally eligible to purchase a firearm, and pay $200 for a federal tax stamp.
But in Arizona, it's a crime to have "a device that is designed, made or adapted to muffle the report of a firearm. Under HCR 2037, if approved by voters, that prohibition would go away.
Ditto an Arizona law that makes it illegal to have a firearm capable of shooting more than one shot automatically. This, too, is legal under federal law with approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives.
And also gone would be a state law that outlaws rifles and shotguns with an overall length of 26 inches. something also allowed under federal law for those who can pass the background check and pay the federal tax stamp.
All that is far less comprehensive than Kolodin wants -- or he believes are the rights to which Arizonans are entitled. And he said it comes down to whether the laws on the books here are constitutional.
Including "weapons of war.''
"Our framers (of the Constitution) intended us to have those weapons of war to keep the government, which is our servant, in check,'' Kolodin told colleagues on the committee.
"If the right to bear arms 'shall not be infringed,' how can we have a category of weapons that are prohibited?'' he continued. "As a citizen of this state, I find it insulting.''
And Kolodin argued this is even bigger than constitutional guarantees, saying he wants to "reclaim the liberty that God has really given us because that's where our rights come from.''
His arguments about citizens having the same weapons as the government took on religious overtones, saying the issue is "very personal'' for him as a Jew.
"Historically, a lot of people haven't cared for us Jews and, in fact, tried to kill us,'' Kolodin said.
"Right now our government ... is putting a restriction on my ability to defend myself and my family,'' he continued. "And they're not putting a cop outside of my door at night.''
More to the point, he said that's not the duty of the government. Instead, said Kolodin, people have a duty to defend themselves.
That ability, he said, is what made life better for his family than for Jews who stayed in Europe in the 20th century who "had an awful time.''
"It's time for the state to get out of the way,'' said Kolodin.
What Kolodin was able to get through the committee after his bill was amended by Nguyen, however, was just part of what he wanted. Still, he said removing the prohibitions that now exist in Arizona law against possession of what is permitted by federal law is a victory.
"I will take my fully automatic rifles and my suppressors, thank you very much,'' Kolodin said. "That's a lot of what I wanted,'' he said. "A step at a time.''
Only Anne Thompson, a volunteer from Moms Demand Action which lobbies for gun regulation, testified against the bill. But most of her comments were against the original bill to legalize weapons not permitted under federal law.
Even in stripped-down form, the measure was approved by the committee on a 6-3 vote, with all three Democrats on the panel opposed.
The now-amended measure now needs approval by the full Senate.
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