House of
Representatives
SB 1339
firearms; possession; persons adjudicated delinquent
Sponsor: Senator Blendu
SB 1339 permits the court to prohibit a juvenile from possessing a firearm if the delinquent act committed would be classified as a misdemeanor for an adult and the juvenile is in the jurisdiction of the Department of Juvenile Corrections (DJC) or the Juvenile Court.
History
A.R.S. § 13-912.01 states that a person who was adjudicated delinquent and whose period of probation has been completed may have his rights to possess or carry a gun or firearm restored by the judge who discharges the person at the end of the term of probation.
A.R.S. § 13-3101 defines prohibited possessor as any person who:
- Has been found to constitute a danger to himself or to others and whose court ordered treatment has not been terminated by court order.
- Has been convicted a felony or has been adjudicated delinquent and whose civil right to possess or carry a gun or firearm has not been restored.
- Is at the time of possession serving a term of imprisonment.
- Is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense or a felony offense.
- Is a prohibited possessor under federal law.
A.R.S. § 13-3111 makes it a Class 6 felony for an unemancipated person in a county with populations of more than 500,000 persons, under the age of 18, who is not accompanied by a parent, grandparent, guardian, or a certified hunter/firearm safety instructor, to knowingly carry/possess a firearm in any place that is open to the public, any street/highway, or private property unless the private property is owned/leased by the minor/minor’s parent, grandparent or guardian. A peace officer is required to seize a firearm if a minor, who is carrying or is in possession of a firearm, is not included in the following exemptions:
Persons who are 14, 15, 16, or 17 and who are any of the following:
- Engaged in lawful hunting or shooting events or marksmanship practice at established ranges, or areas where the discharge of a firearm is not prohibited.
- Engaged in the lawful transportation of an unloaded firearm for the purpose of
o Lawful hunting.
o Shooting events or marksmanship practice between the hours of 5am and 10pm.
- Engaged in activities related to the production of crops, livestock, poultry, livestock products, poultry products or ratites that require the use of a firearm.
Provisions
· Allows the court to prohibit a juvenile, who was adjudicated for an offense that would be a misdemeanor had the juvenile been an adult, from carrying or possessing a firearm while under the jurisdiction of the DJC or the Juvenile Court.
· States that a person who is adjudicated delinquent for an offense that would be a felony if committed by an adult does not have the right to carry or possess a gun or firearm.
· Includes a person who has been adjudicated delinquent for a felony in the definition of prohibited possessor.
· Specifies that it is unlawful for a person, who was previously adjudicated delinquent for a felony, to possess, use or carry a firearm within ten years from the date of adjudication.
· Removes the requirement for an unemancipated person under the age of 18 to be in a county of more than 500,000 persons to be prohibited from carrying a firearm.
· Makes technical and conforming changes.
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Forty-seventh Legislature
Second Regular Session 2 April 20, 2006
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