ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FINAL AMENDED
FACT SHEET FOR H.B. 2649
firearms; possession; storage
Purpose
Limits the ability of the state, excluding the Legislature, and any state agency or political subdivision to enact or implement any laws, rules or ordinances relating to the possession or storage of firearms, with specific exceptions.
Background
There are many statutory restrictions relating to firearms, including limitations on possession, carrying, sale, supply, transfer and use. In terms of possession, a person may not possess a firearm on school grounds except under specified circumstances, such as if the person is a peace officer, or while in the licensed area of an establishment that sells liquor for consumption on and off the premises, unless the person is a peace officer, the licensee or an employee of the licensee (A.R.S. § § 4-244, 13-3102). Additionally, a person may not possess a firearm to further an act of terrorism (A.R.S. § 13-3102).
Political subdivisions may not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer or use of firearms or ammunition, or their components. Additionally, a political subdivision may not require the licensing of firearms or ammunition, or their components, or prohibit the ownership, purchase, sale or transfer of firearms or ammunition, or their components (A.R.S. § 13-3108). There are, however, exceptions. For example, a political subdivision may enact and enforce an ordinance or rule necessary to implement or enforce state law. Also, a political subdivision may enact and enforce ordinances or laws relating to specified issues, such as limiting firearm possession in some parks to persons who possess a concealed weapons permit (A.R.S. § 13-3108). Statute also permits any public establishment or public event to prohibit a person from entering or attending while carrying a deadly weapon on his person (A.R.S. § 13-3102).
Currently, the restrictions on the adoption of rules relating to firearms affect only political subdivisions, not state agencies. Additionally, statute does not specifically restrict political subdivisions or agencies from adopting rules, laws or ordinances relating to the storage of firearms.
There is no anticipated fiscal impact associated with this legislation.
Provisions
1. Prohibits the state, excluding the Legislature, and any state agency or political subdivision from enacting or implementing any law, rule or ordinance relating to the possession or storage of firearms, other than as provided for in statute.
2. Specifies that this legislation does not prohibit:
a) a state, county or municipal judicial department, law enforcement agency or prosecutorial agency from prohibiting a person from entering an establishment with a deadly weapon.
b) a political subdivision from enacting any rule or ordinance requiring a business that obtains a second-hand firearm by purchase, trade or consignment to retain the firearm for not more than 10 days at its place of business or in a storage facility approved by the applicable law enforcement agency.
3. Becomes effective on the general effective date.
Amendment Adopted by Committee
1. Clarifies that the Legislature may make laws regarding the possession and storage of firearms.
2. Prohibits the implementation of laws, rules and ordinances relating to the possession and storage of firearms.
3. Allows the enactment and implementation of laws, rules and ordinances as provided for by statute.
Amendments Adopted by Committee of the Whole
· Establishes certain exceptions for any state, county or municipal judicial department, law enforcement agency or prosecutorial agency and for political subdivisions.
Amendments Adopted by Conference Committee
· Reduces from 20 to 10 the maximum number of days a political subdivision may require that a business retain a secondhand firearm.
House Action Senate Action
JUD 2/20/06 DP 6-3-0 JUD 3/27/06 DPA 5-1-2
3rd Read 3/16/06 32-23-4 3rd Read 4/11/06 20-8-2
Final Read 5/4/06 39-18-3 Final Read 5/11/06 18-8-4
Signed by the Governor 5/19/06
Chapter 288
Prepared by Senate Research
May 30, 2006
JE/LB/ac