House of Representatives

SB 1425

emergency; confiscation of firearms; prohibition

Sponsors: Senator Martin, Allen, Bee, et al

DP	Committee on Federal Mandates and Property Rights
DP	Caucus and COW
X	As Transmitted to the Governor

SB 1425 specifies that the Governor may not commandeer and utilize firearms or ammunition or firearms or ammunition components during a state of war emergency.

History

Arizona Revised Statute (A.R.S.) §26-303 states that during a state of war emergency, the Governor may suspend the provision of any statute prescribing the procedure for conduct of state business and commandeer and utilize any property or personnel deemed necessary in carrying out the responsibilities vested in the office of the Governor by this chapter as Chief Executive of the State.  During a state of war emergency, the Governor must have complete authority over all agencies.  If authorized by the Governor, the Adjutant General has the same powers prescribed to the Governor and if as judged by the Adjutant General certain circumstances exist, the Adjutant General may:

1. Exercise those powers following the proclamation of a state of emergency.

2. Incur obligations of $20 thousand or less for each emergency or contingency payable as though a state of emergency had been proclaimed.

Provisions

· Specifies that the Governor may not commandeer and utilize firearms or ammunition or firearms or ammunition components during a state of war emergency.

· Establishes that the emergency powers of the Governor, the Adjutant General or any other official or person must not be construed to allow the imposition of additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms or ammunition or firearms or ammunition components.

· Makes technical and conforming changes.

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· Forty-seventh Legislature

· Second Regular Session     2          April 12, 2006

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