PHOENIX 鈥 Resistance from legislative Republicans to Gov. Doug Ducey鈥檚 newly released school safety plan could leave it short of votes.
House and Senate Democrats declared the plan a nonstarter within hours of its printing because it doesn鈥檛 require background checks when firearms are sold by individuals and at gun shows. Rep. Randy Friese, D-蜜柚直播, said it makes no sense to say some people cannot buy guns from licensed dealers when 鈥渓oopholes鈥 in the law allow them to buy one anyway.
But Ducey also lacks the universal support of his fellow Republicans, who are anxious about provisions allowing police officers to seize guns and courts to hold people for psychological evaluation. Several Republicans told Capitol Media Services Wednesday that they will oppose the measure if there aren鈥檛 sufficient protections not only for an individual鈥檚 Second Amendment rights to possess a gun, but also the Fourth Amendment rights against improper seizure of person and property by the government.
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There also are questions of whether additional laws are necessary.
It would take the refusal of just five House Republicans or two GOP senators to kill the plan.
Rep. Mark Finchem, R-Oro Valley, said Nikolas Cruz, the shooter who killed 17 people at a Florida high school, had made credible threats ahead of the Feb. 14 incident, which he said could have allowed police to act.
鈥淭he law wasn鈥檛 the problem,鈥 Finchem said. 鈥淭he performance of people was the problem.鈥
He called it an 鈥渁bsolutely cruel deceit on people鈥 to 鈥減ut another law out there that looks politically expedient to solve a problem.鈥
Gubernatorial press aide Daniel Scarpinato defended the package. 鈥淭he current law is not strong enough,鈥 he said.
Scarpinato said the governor wants not only a 鈥渢ougher鈥 law but a broader one, allowing more people 鈥 including family members, roommates, teachers and others 鈥 to go to court on their own to ask a judge to have someone picked up and evaluated to see if their firearms should be seized.
It isn鈥檛 just the question of constitutional rights raising legislative concerns.
House Majority Leader John Allen, R-Scottsdale, noted the package includes $11 million for additional state-paid school safety officers. That would add about 110 officers on top of the 113 already being funded by the state, not including those financed by local schools or governments.
鈥淚t has some costs to it,鈥 Allen said. 鈥淚 want to make sure it is not just window dressing to make it look like we鈥檙e doing something, but actually achieves the effect we want.鈥
The heart of Ducey鈥檚 plan is the proposed 鈥淪evere Threat Order of Protection,鈥 or STOP. It would permit a police officer to take someone into custody and before a judge if there is 鈥減robable cause鈥 to believe the person is a danger to self or others and is likely to cause serious physical injury to another 鈥渦nless immediate action is taken.鈥
Among the things a court could consider are a 鈥渃redible threat of physical injury鈥 and cruel mistreatment of an animal within the prior 14 days. If the judge agreed, the person could be held for up to 72 hours for evaluation, not including weekends and holidays.
A separate provision would allow family members, significant others, roommates and teachers to go to court to seek their own order of protection. It includes similar requirements for proof of some acts a judge could use to hold someone for evaluation.
鈥淭his is where we鈥檙e walking a really fine line,鈥 said Rep. Eddie Farnsworth, R-Gilbert.
鈥淲e don鈥檛 want to remove people鈥檚 firearms simply on an allegation,鈥 he said. 鈥淭here has to be proof that a crime has been committed and that crime has risen to the level that somebody is at risk of being harmed.鈥
Farnsworth also cited provisions he said could deny someone鈥檚 constitutional rights to bear arms for longer than necessary, especially after a judge rejects a petition for an order of protection. 鈥淣ow they鈥檝e done nothing wrong,鈥 he said. 鈥淭hat needs to be returned immediately.鈥
Ducey鈥檚 proposal says a firearm need not be returned for up to 72 hours 鈥 longer if there鈥檚 a holiday or weekend 鈥 after an order expires or is quashed.
And if a judge does not issue an order of protection, release of that person could take up to 24 hours, and the court could extend that to 48 hours.
House Majority Whip Kelly Townsend, R-Mesa, cited language allowing someone to be held for up to 72 hours before a judge makes a final decision on whether to maintain or quash an order of protection.
鈥淚 don鈥檛 think that the Fourth Amendment allows for the removal of a person from society without committing a crime or without adjudication of something,鈥 she said.
There鈥檚 the possibility of bias, Townsend said. 鈥淲e also don鈥檛 know the ideology of the psychiatrist or the ideology of the judge and whether or not they believe this is a good way to remove guns off the street,鈥 she said.
Townsend said she supports things like money for more school resource officers and ensuring that criminal histories are promptly uploaded into a database used by federal gun dealers to determine if someone is allowed to have a firearm.
But for the moment, lawmakers are being given an all-or-nothing choice on Ducey鈥檚 plan.
鈥淚 will not vote for a violation of the Constitution,鈥 Townsend said.
Ducey may need Democrats鈥 support to push the package over the finish line, support he won鈥檛 get without expanded background checks.
鈥淯nfortunately, the governor鈥檚 draft legislation is about politics, not policy,鈥 said Friese, the 蜜柚直播 Democrat.
But it鈥檚 not just Ducey who won鈥檛 consider expanded background checks.
鈥淵ou鈥檙e talking about private sales of private property,鈥 said Farnsworth, saying imposing a new restriction takes the state 鈥渄own a very slippery slope.鈥
Ducey鈥檚 proposal also got a decidedly negative response from Jordan Harb, the Mesa Mountain View High School junior who, as co-chair of March For Our Lives, helped organize a student walkout last month to help draw lawmakers鈥 attention to the issue of school violence.
In a prepared statement Wednesday, Harb called the proposal 鈥51 pages of utter BS鈥 and said the governor should 鈥渟top throwing pennies and empty promises at a problem that demands real funding and real action.鈥
Harb wants not just universal background checks but also a ban on 鈥渂ump stocks鈥 and the hiring of more school counselors.