What the Supreme Court Ruling on Gun Rights Means For Arizona

What the Supreme Court Ruling on Gun Rights Means For Arizona

By Corinne Murdock |

On Thursday, the Supreme Court (SCOTUS) struck down New York’s concealed carry restriction requiring individuals to prove that they required “a special need for self-protection distinguishable from that of the general community.”

In New York State Rifle & Pistol Association, Inc., et al. v. Bruen, Superintendent of New York State Police, et al., opinion author Justice Clarence Thomas declared that New York’s “proper-cause requirement” violated the Fourteenth Amendment by “preventing law-abiding citizens with ordinary self defense needs” from exercising their right to keep and bear arms.

Arizona is one of the most gun-friendly states in the nation. However, nothing in this world is immune from change. This principle is most obvious with the makeup of the state legislature: the Republican majority has been shrinking over the past decade. A loss of the majority would likely result in an overhaul of current gun rights in the state.

At present, state law allows citizens 18 or older to openly carry a firearm without a permit, and individuals 21 or older may concealed carry a firearm without a license or permit (unless they’re active military or veterans aged 19 or older). The law also doesn’t require individuals to obtain a permit or registration for firearms, and it also doesn’t require a background check when purchasing a handgun from a private individual. Additionally, there aren’t any magazine size restrictions.

Though, it may not just be the loss of a majority that ushers in sweeping gun control measures. State legislators’ assessments of Thursday’s witching hour budget proceedings revealed that current Republican leadership may be willing to work with Democrats to reform gun laws. 

State Representative Jacqueline Parker (R-Mesa) predicted that the budget’s bipartisan support was a harbinger of governing changes to come out of the legislature. Parker warned that current Republican legislators would back gun control measures, in what would be similar to their D.C. counterparts working currently with the White House to pass red flag legislation. 

This ruling is the latest in a series that conservatives chalked up as crucial victories for constitutional protections. Supporters of the gun rights ruling expressed fondness of Thomas’ explanation of how, historically, gun control laws were implemented to bar Black individuals from gun ownership. 

President Joe Biden condemned the ruling in a statement, claiming that the opinion of the court contradicted “both common sense and the Constitution.” Biden cited the recent mass shootings in Buffalo, New York, and Uvalde, Texas as reasons why increased gun control was necessary. 

New York Governor Kathy Hochul insisted that SCOTUS should’ve determined its ruling by current affairs, not precedent or past constitutional arguments. Hochul pledged to act through their state legislature in the near future. 

Hochul also threatened to only allow muskets as a valid form of arms, despite the Constitution not specifying the type of arms that Americans may keep and bear. 

Shortly after his initial reaction to the SCOTUS ruling, Biden issued a follow-up statement addressing Congress’ progress on gun control legislation. If enacted, the federal government would enforce a swath of red flag laws. Critics of the increased gun control measure called it a “gun grab” and a direct affront to the Second Amendment. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Restaurants Can Allow Young Employees In Kitchen Without Fearing Civil Penalty

Restaurants Can Allow Young Employees In Kitchen Without Fearing Civil Penalty

By Terri Jo Neff |

Restaurants across Arizona won a majority legal victory Thursday that protects those who give jobs to minors under age 16 even if the job requires the minor to walk into or pass through the restaurant’s kitchen on occasion.

The issue arose after the popular Sofrita Restaurant in Fountain Hills was accused by the Industrial Commission of Arizona in 2018 of several violations related to its hiring of three hostesses who were under the age of 16. The Spanish-Latin restaurant was also hit with a $1,000 civil penalty.

Sofrita cooperated with the investigation, which confirmed the hostesses are tasked at times to take dirty dishes into the kitchen and sometimes used the restaurant’s rear entrance when reporting to work. This required the hostesses to walk through the kitchen to get to the hostess stand.

The ICA investigator cited Sofrita for three alleged violations of Arizona Revised Statute 23-232 for having employees under age 16 engage in activities “in, about, or in connection with” the kitchen. A fourth violation stemmed from the restaurant’s alleged failure to keep proper records to ensure the young employees did not violate ARS 23-233 in regard to how many hours a minor can work.

Sofrita challenged the violations and requested a hearing before an Administrative Law Judge. At the hearing, the state investigator testified that the child labor statute means employees under the age of 16 “cannot be in the kitchen” for any reason, not even simply to clock in for their shift.

Judge Jonathan Hauer rejected the Industrial Commission’s position, finding that Arizona’s child labor laws do not regulate “casual encounters” between minor employees and a restaurant’s kitchen space.  The findings also concluded there was an “inadequate factual basis” for the ICA to impose the $1,000 penalty.

The State of Arizona appealed Hauer’s findings last year.

On June 16, the Arizona Court of Appeals affirmed Hauer’s rejection of ICA’s interpretation of Arizona Revised Statute 23-232 which prohibits restaurant employees under the age of 16 from working “in, about, or in connection with…cooking and baking.” The appellate opinion also affirmed Hauer’s finding which vacated the $1,000 civil penalty against the restaurant. 

In a unanimous appellate decision, Presiding Judge David D. Weinzweig wrote that the statute the ICA relied on never mentions the word kitchen, and nothing supports the ICA’s reading that employers like Sofrita must prevent minors under age 16 from entering the kitchen.  

The opinion also pushes back on the ICA investigator’s focus on the words “in, about or in connection with” the kitchen without tethering them to the statute’s specific prohibited activities of cooking and baking.

“It does not forbid employees under 16 years old from walking in the kitchen,” Weinzweig wrote, adding that federal regulations also undermine the ICA’s broad interpretation of a kitchen prohibition.

Weinzweig pointed to the Fair Labor Standards Act which permits minors under 16 to do kitchen work such as some food preparation, cleaning of some kitchen equipment, and even entering freezers to retrieve items.

Senators Sinema, Kelly Announce Gun Control Effort Alongside 10 Republicans

Senators Sinema, Kelly Announce Gun Control Effort Alongside 10 Republicans

By Corinne Murdock |

On Sunday, Arizona’s two Democratic senators announced a sweeping gun control proposal to curb gun ownership of the mentally ill and domestic abusers, as well as expand mental health and school safety programs. 

The proposal hasn’t been introduced as formal legislation, let alone a formal, standalone document. It proposes to prevent court-ruled dangers to the public from obtaining firearms; expand community behavioral health centers, mental health and suicide prevention programs in communities, schools, and telehealth networks, and other similar community support services; add convicted domestic violence abusers and those with domestic violence restraining orders to the National Instant Criminal Background Check System (NICS); increase funding for K-12 school safety programs and training; increase punishment for evading firearm dealer licensing requirements and for illegal straw purchasing and trafficking; and require juvenile and mental health background checks for firearm buyers under 21 years old. 

The legislation is a bipartisan effort, with 10 senators from each party issuing support. Republican senators who signed on were Bill Cassidy (R-LA), Susan Collins (R-ME), Roy Blunt (R-MO), Richard Burr (R-NC), Thom Tillis (R-NC), Rob Portman (R-OH), Pat Toomey (R-PA), Lindsey Graham (R-SC), John Cornyn (R-TX), and Mitt Romney (R-UT). 

Democrats who signed onto the proposal were Senators Chris Murphy (D-CT), Richard Blumenthal (D-CT), Chris Coons (D-DE), Debbie Stabenow (D-MI), Cory Booker (D-NJ), Martin Heinrich (D-NM), Joe Manchin (D-WV).

One independent, Senator Angus King (I-ME), agreed to the proposal. 

This latest gun control proposal comes less than three weeks after the school shooting in Uvalde, Texas. 

In a statement, President Joe Biden commended Sinema for the legislation specifically, along with Cornyn and Tillis.

“Obviously, it does not do everything I think is needed, but it reflects important steps in the right direction, and would be the most significant gun safety legislation to pass Congress in decades,” stated Biden. “Each day that passes, more children are killed in this country: the sooner it comes to my desk, the sooner I can sign it, and the sooner we can use these measures to save lives.”

According to the CDC’s Web-based Injury Statistics Query and Reporting System (WISQARS) latest data, there were over 45,200 total firearm deaths in 2020. Nearly 24,300 of those deaths were suicides, nearly 19,400 were homicides, just over 600 were legal intervention, and 535 were unintentional. 400 firearm deaths had an undetermined intent. 

A vast majority of the firearm deaths occurred in males: nearly 39,000 versus just over 6,200 females. As for race, about twice the number of white men were killed by firearms in 2020 over black men. 21,000 of the men who died were white, non-Hispanic males; over 12,500 were Black, non-Hispanic males; and just under 4,200 were white Hispanic males. 

Just under 3,900 of the women who died were white, non-Hispanic females; nearly 1,600 were Black, non-Hispanic females; and over 500 were white Hispanic females.

Blue counties accounted for the top ten highest firearm death rates of all counties in the country. They’ve been ranked below from the greatest to least number of homicides.

  • Cook County, Illinois: 82 percent were homicides, or 862 out of 1040 deaths; Biden won with over 74 percent of the vote in the 2020 presidential election.
  • Los Angeles County, California: over 62 percent, or 524 of 837 deaths; Biden won with 71 percent of the vote.
  • Harris County, Texas: over 61 percent were homicides, or 475 of 773 deaths; Biden won with over 56 percent of the vote. 
  • Philadelphia, Pennsylvania: over 84 percent were homicides, or 453 of 538 deaths; Biden won with over 81 percent of the vote. 
  • Wayne County, Michigan: over 75 percent were homicides, or 344 of 458 deaths; Biden won with over 68 percent of the vote.
  • Dallas County, Texas: nearly 61 percent were homicides, or 251 of 412 deaths; Biden won with over 65 percent of the vote.
  • Maricopa County, Arizona: over 35 percent were homicides, or 249 of 702 deaths; Biden won with over 50 percent of the vote.
  • Marion County, Indiana: 69 percent were homicides, or 219 of 317 deaths; Biden won with nearly 64 percent of the vote.
  • Miami-Dade County, Florida: 64 percent were homicides, or 208 of 325 deaths; Biden won with over 53 percent of the vote.
  • Tarrant County, Texas: over 45 percent were homicides, or 140 of 309 deaths; Biden won with over 49 percent of the vote. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Governor Ducey Announced COVID Positive Hours Before Border Tour With Pence

Governor Ducey Announced COVID Positive Hours Before Border Tour With Pence

By Corinne Murdock |

Hours before a scheduled appearance on Monday with former Vice President Mike Pence, Governor Doug Ducey’s office announced that he’d tested positive for COVID-19. Ducey’s communications director, C.J. Karamargin, told KTAR News that the governor was asymptomatic and “feeling well.”

Originally, Ducey was to accompany Pence on a tour of the southern border, followed by attendance at a border security speech by the former vice president at the Arizona Commerce Authority in Phoenix.

During his speech, Pence argued that the Biden administration was exacerbating the border crisis. 

“[This border crisis] can be ended almost overnight, if President Biden will just put back the policies the Trump-Pence administration put into effect that reduced illegal immigration by 90 percent,” said Pence. 

Pence also lauded Ducey for his leadership and wished him a speedy recovery from COVID-19. In April, the governor coordinated with half of the country’s governors to launch a strike force modeled after his 2015 state-level initiative to address the border crisis.

“Let me say: how fortunate the people of Arizona are to have a leader so principled and devoted to securing the border and keeping our families and our neighborhoods safe,” said Pence.

Among those that met with Pence on Monday were Cochise County Sheriff Mark Dannels and his department, along with Arizona Department of Homeland Security Director Tim Roemer.

According to the latest Customs and Border Patrol (CBP) data, there have been nearly 1.3 million border encounters since last October. 

The Biden administration’s attempt to rescind Title 42, policy under former President Donald Trump to expedite expulsion of illegal immigrants, failed last month. The program was slated to end on May 23, but a federal court in Louisiana issued a temporary restraining order preventing the Biden administration from ending the policy. 

Ducey contracted the virus despite being fully vaccinated and boosted; he has advertised the vaccine as “safe, effective, and free” repeatedly.

Ducey credited the senior advisor on the pandemic and lead for statewide vaccination efforts, Dr. Richard Carmona, for ensuring that the vaccine was the best tool to fight COVID-19. As AZ Free News reported, Carmona serves on the board of directors for a major distributor of the COVID-19 vaccine, McKesson.

From home, Ducey provided commentary on the former vice president’s visit.

Favorability polls conducted last week through YouGovPolitico, and Harris indicated that voters largely had an unfavorable view of the former vice president. The latest polling for 2024 presidential picks reflected that Pence falls behind Florida Governor Ron DeSantis with or without former President Donald Trump in the running.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.