Senate Engrossed

 

 

 

State of Arizona

Senate

Fifty-first Legislature

Second Regular Session

2014

 

 

SENATE BILL 1366

 

 

 

AN ACT

 

amending sections 13‑3101 and 13‑3107, Arizona Revised Statutes; relating to the definition of firearm.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-3101, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3101.  Definitions

A.  In this chapter, unless the context otherwise requires:

1.  "Deadly weapon" means anything that is designed for lethal use.  The term includes a firearm.

2.  "Deface" means to remove, alter or destroy the manufacturer's serial number.

3.  "Explosive" means any dynamite, nitroglycerine, black powder, or other similar explosive material, including plastic explosives.  Explosive does not include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand loading purposes.

4.  "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel or is designed to expel or may readily be converted to expel a solid projectile or projectiles through a barrel or tube by the action of an explosive rapidly expanding gases created by a burning propellant or burning powder.  Firearm does not include a firearm in permanently inoperable condition.

5.  "Improvised explosive device" means a device that incorporates explosives or destructive, lethal, noxious, pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure, terrify or harass.

6.  "Occupied structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs.  Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant.

7.  "Prohibited possessor" means any person:

(a)  Who has been found to constitute a danger to self or to others or to be persistently or acutely disabled or gravely disabled pursuant to court order under section 36‑540, and whose right to possess a firearm has not been restored pursuant to section 13‑925.

(b)  Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored.

(c)  Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.

(d)  Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13‑3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.1.

(e)  Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad.  This subdivision does not apply to:

(i)  Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.

(ii)  Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.

(iii)  Certain diplomats.

(iv)  Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.

(v)  Persons who have received a waiver from the United States attorney general.

8.  "Prohibited weapon":

(a)  Includes the following:

(i)  An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas.

(ii)  A device that is designed, made or adapted to muffle the report of a firearm.

(iii)  A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.

(iv)  A rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty‑six inches.

(v)  An instrument, including a nunchaku, that consists of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or chain, in the design of a weapon used in connection with the practice of a system of self‑defense.

(vi)  A breakable container that contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and that has a wick or similar device capable of being ignited.

(vii)  A chemical or combination of chemicals, compounds or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause a mechanical failure, rupture or bursting or an explosion or detonation of the chemical or combination of chemicals, compounds or materials.

(viii)  An improvised explosive device.

(ix)  Any combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in item (i), (vi) or (viii) of this subdivision.

(b)  Does not include:

(i)  Any fireworks that are imported, distributed or used in compliance with state laws or local ordinances.

(ii)  Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes.

(iii)  A device that is commercially manufactured primarily for the purpose of illumination.

9.  "Trafficking" means to sell, transfer, distribute, dispense or otherwise dispose of a weapon or explosive to another person, or to buy, receive, possess or obtain control of a weapon or explosive, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the weapon or explosive to another person.

B.  The items set forth in subsection A, paragraph 8, subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include any firearms or devices that are registered in the national firearms registry and transfer records of the United States treasury department or any firearm that has been classified as a curio or relic by the United States treasury department. END_STATUTE

Sec. 2.  Section 13-3107, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3107.  Unlawful discharge of firearms; exceptions; classification; definitions

A.  A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.

B.  Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13‑704, subsection L, section 13‑604 applies to this offense.

C.  This section does not apply if the firearm is discharged:

1.  As allowed pursuant to chapter 4 of this title.

2.  On a properly supervised range.

3.  To lawfully take wildlife during an open season established by the Arizona game and fish commission and subject to the limitations prescribed by title 17 and Arizona game and fish commission rules and orders.  This paragraph does not prevent a city, town or county from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure.  For the purposes of this paragraph, "take" has the same meaning prescribed in section 17‑101.

4.  For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.

5.  By special permit of the chief of police of the municipality.

6.  As required by an animal control officer in the performance of duties as specified in section 9‑499.04.

7.  Using blanks.

8.  More than one mile from any occupied structure as defined in section 13‑3101.

9.  In self‑defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.

D.  For the purposes of this section:

1.  "Firearm" has the same meaning prescribed in section 13‑3101.

1.  2.  "Municipality" means any city or town and includes any property that is fully enclosed within the city or town.

2.  3.  "Properly supervised range" means a range that is any of the following:

(a)  Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school.

(b)  Approved by any agency of the federal government, this state or a county or city within which the range is located.

(c)  Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property. END_STATUTE