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REFERENCE TITLE: private firearm transactions; prohibited encumbrances |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2224 |
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Introduced by Representatives Lawrence, Borrelli, Cobb, Gowan, Kern, Thorpe, Senator Kavanagh: Representatives Allen J, Barton, Finchem, Leach, Rivero, Shope, Senators Burges, Farnsworth D
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AN ACT
amending title 44, Arizona Revised Statutes, by adding chapter 36; relating to private firearm transactions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 36, to read:
CHAPTER 36
PRIVATE FIREARM TRANSACTIONS
ARTICLE 1. GENERAL PROVISIONS
44-7851. Definitions
In this chapter, unless the context otherwise requires:
1. "Firearm":
(a) Means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel or that is designed to or may readily be converted to expel a solid projectile by the action of expanding gases.
(b) Does not include a firearm that is:
(i) In a permanently inoperable condition, was manufactured after January 1, 1899 and is designed to use fixed cartridges.
(ii) Incapable of being fired without mechanical repair by the use of tools or the replacement of parts.
2. "Private party" means a person who may lawfully possess firearms under federal law and does not include a person who possesses a federal firearms license and who primarily engages in the business of selling, trading or purchasing firearms.
3. "Transfer" means when a person gives, loans, offers for sale, wills or in any manner offers another person a firearm for any lawful purpose and the person is not otherwise prohibited from possessing a firearm under federal law.
44-7852. Private party firearms transfer; state or political subdivision encumbrance prohibited
The transfer of a firearm between two private parties who are otherwise allowed to possess a firearm under federal law is not subject to any additional fee, tax, assessment, lien or other encumbrance by this state or any political subdivision of this state.