Assigned to JUD                                                                                                  FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-ninth Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1098

Arizona manufactured firearms; regulation.

Purpose

            States that a personal firearm, firearm accessory or ammunition manufactured in this state and remaining within the borders of this state is not subject to federal law or federal regulation.

Background

            Article I, Section 8 of the U.S. Constitution, known as the Commerce Clause, grants Congress the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

            In 2009, Montana and Tennessee became the first states to enact the “Montana Firearms Freedom Act” and the “Tennessee Firearms Freedom Act,” respectively.  Both contain provisions relating to exemptions for firearms from federal regulation.  Similar legislation is currently pending in several other states.

            A.R.S. § 13-3101 defines a firearm as “any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive.” Firearm does not include a firearm in permanently in-operable condition.

            The fiscal impact to the state General Fund is unknown at this time.

Provisions

1. Excludes, beginning October 1, 2010, a personal firearm, firearm accessory or ammunition manufactured commercially or privately in this state and remaining within the borders of this state from federal law or federal regulation, including registration.

2. States that these items are not under the authority of Congress in regulating interstate commerce and not considered to have travelled in interstate commerce.

3. Applies this exclusion to a firearm, firearm accessory or ammunition manufactured in this state from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.

4. Specifies that the importation into this state of a firearm accessory, any generic or insignificant part with other manufacturing or consumer product applications or any basic materials does not subject the firearm, firearm accessory or ammunition to federal regulation.

5. Requires that firearms manufactured and sold in this state have “Made in Arizona” clearly stamped on a central metallic part of the firearm.

6. Specifies that the exemptions from federal regulation do not apply to: a) a firearm that cannot be carried and used by one person; b) a firearm that has a bore diameter of more than 1.5 inches and that uses smokeless powder as a propellant; c) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; and d) a firearm that discharges two or more rounds of ammunition with one activation of the trigger or other firing device.

7. Defines firearm accessory, generic or insignificant part and manufactured.

8. Contains legislative findings derived from the U.S. and Arizona Constitutions, as they relate to intrastate commerce and the right of the people to keep and bear arms.

9. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Changes “projectiles” to “rounds of ammunition” in a specified circumstance.

Senate Action

JUD     2/1/10     DPA     4-3-0-0

Prepared by Senate Research

February 2, 2010

GK/DPH/ly