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March 21, 2008 - 8:19PM
Governor OKs bill keeping illegal immigrants for having guns
Comments | RecommendHoward Fischer, Capitol Media Services
Gov. Janet Napolitano signed legislation Friday designed to restore a state law keeping illegal immigrants from having firearms. The measure revamps a 4-year-old state law that was designed to mirror federal statutes that regulate who can and cannot possess a weapon.
But the state Court of Appeals ruled last year that federal statute - the one referred to in state law - specifically refers to weapons involved in interstate commerce.
The judges said that means people could be convicted of violating the state gun law only if prosecutors could prove the weapon in question was "shipped or transported in interstate commerce."
The new version fixes that by saying all foreigners in this state are forbidden from having guns.
It does contain exceptions for permanent legal residents and some visitors, including hunters and target shooters. Others who would be permitted to have guns include certain diplomats, foreign officials who have been granted permission from the U.S. State Department, and law enforcement officers from "friendly foreign governments" who enter this country on official business.
But others, including shoppers, tourists and other temporary visitors, would be subject to arrest and prosecution if found in possession of a gun.
Federal law already prohibits those here illegally from possessing firearms. But backers of the new state statute said that leaves it up to federal prosecutors whether to bring charges; this law will let local police and prosecutors handle these cases.
The measure will take effect 90 days after the end of the legislative session.
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