HB2059 - 532R

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

Section 1. Section 13-3114, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3114. Arizona manufactured firearms; regulation; definitions

A. Beginning October 1, 2010, a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in this state and that remains within the borders of this state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce and is not considered to have traveled in interstate commerce.

B. This section applies to a firearm, a firearm accessory or ammunition that is manufactured in this state from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.

C. The importation into this state of a firearm accessory, any generic or insignificant part that has other manufacturing or consumer product applications or any basic materials, including unmachined steel and unshaped wood that is incorporated into, attached to or used in conjunction with a firearm, a firearm accessory or ammunition manufactured in this state, does not subject the firearm, firearm accessory or ammunition to federal regulation.

D. This section does not apply to:

1. A firearm that cannot be carried and used by one person.

2. A firearm that has a bore diameter of more than one and one-half inches and that uses smokeless powder as a propellant.

3. Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.

4. A firearm that discharges two or more projectiles with one activation of the trigger or other firing device is designed to automatically shoot more than one shot, without manual reloading, by a single function of the trigger.

E. A firearm that is manufactured and sold in this state pursuant to this section shall have the words "made in Arizona" clearly stamped on a central metallic part such as the receiver or frame.

F. For the purposes of this section:

1. "Firearm accessory" means an item that is used in conjunction with or mounted on a firearm but that is not essential to the basic function of a firearm, including telescopic or laser sights, magazines, flash suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers and lights for target illumination.

2. "Generic or insignificant part" includes springs, screws, nuts and pins.

3. "Manufactured" means that a firearm, a firearm accessory or ammunition has been created from basic materials for functional usefulness, including forging, casting, machining or other processes for working materials. END_STATUTE

Sec. 2. Section 26-121, Arizona Revised Statutes, is amended to read:

START_STATUTE26-121. Composition of militia; persons exempt

The militia of the state of Arizona consists of all able bodied able-bodied citizens of the this state between the ages of eighteen and forty‑five years who are at least eighteen years of age and who are capable of acting in concert for the common defense and all residents of the this state between such ages who are at least eighteen years of age, who are capable of acting in concert for the common defense and who have declared their intention to become citizens of the United States, except:

1. Persons exempted by the laws of the this state or the United States.

2. Persons with a serious mental illness, totally blind persons and persons convicted of infamous crimes.

3. Judges and clerks of courts of record.

4. State and county civil officers holding office by election, and members of the legislature.

5. Members of the clergy. END_STATUTE

Sec. 3. Title 26, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 26-128, to read:

START_STATUTE26-128. Arizona citizens marksmanship program; fund; exemption; program termination

A. The Arizona citizens marksmanship program is established to provide firearms for training in marksmanship skills to citizens and residents of this state who are eligible for service in the Arizona state guard pursuant to section 26-121. The department of emergency and military affairs shall administer the program. The department may:

1. Accept and spend monies from any lawful public or private source, including private grants, gifts, contributions and devises, to assist in carrying out the purposes of this section.

2. In accordance with all other laws, sell firearms, firearm accessories, ammunition and other equipment or merchandise to promote marksmanship skills.

3. Contract with firearms manufacturers in this state to manufacture or refurbish firearms or firearm accessories for sale to participants in the program. Firearms that are manufactured or refurbished for sale or use in the program must have the words "Arizona CMP" stamped on a central metallic part such as the receiver or frame in addition to the stamp required by section 13-3114.

4. Enter into agreements with public agencies or private entities to organize training courses and events, including youth marksmanship and safety programs.

B. The Arizona citizens marksmanship program fund is established consisting of private grants, gifts, contributions and devises and proceeds from the sale of firearms, firearm accessories, ammunition and other equipment or merchandise by the department. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. The program established by this section ends on July 1, 2028 pursuant to section 41-3102. END_STATUTE

Sec. 4. Section 26-174, Arizona Revised Statutes, is amended to read:

START_STATUTE26-174. Arizona state guard; establishment; purpose; appropriations; particularly suited firearm or equipment; definition

A. If the national guard of Arizona or a major portion thereof is called into active federal service, or if the national guard or a major portion thereof is alerted for federal service or for any other reason the governor considers to be necessary, the governor may establish an armed force for the safety and protection of the lives and property of the citizens of the this state, which shall be known as the Arizona state guard.

B. The Arizona state guard shall insofar as practicable shall be governed by and subject to the laws of the this state pertaining to the national guard. The governor shall issue or cause to be issued rules to govern administration and organization of the arizona state guard.

C. Appropriations made to the national guard shall be deemed appropriated to both the national guard and the Arizona state guard, if and when the latter organization is established, and any funds monies that are unexpended from appropriations to the national guard may be used for establishment and maintenance of the Arizona state guard.

D. The ability to call forth an effective Arizona state guard requires a body of citizens within this state who possess and are trained in the use of arms consistent with the purpose of the Arizona state guard. A person who is or has been a member of the militia of the state of Arizona pursuant to section 26-121 is authorized to privately purchase, in accordance with all state law, any particularly suited firearms or equipment for this purpose. The sale of particularly suited firearms or equipment for this purpose is lawful pursuant to this state's power to regulate this state's militia. A person who is or has been a member of the militia of the state of Arizona pursuant to section 26-121 and who possesses particularly suited firearms or equipment is lawfully entitled to retain possession of such firearms or equipment and may use or transport the firearms or equipment in this state for all lawful purposes. This subsection does not allow an individual who is prohibited from possessing firearms under the laws of this state to regain the individual's right to possess firearms.

E. For the purposes of this section, "particularly suited firearm or equipment" includes:

1. Any semiautomatic handgun or revolver that is lawfully possessed by a citizen of this state, including semiautomatic handguns configured with any magazine capacity that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state and with any VARIETy of firearm-mounted equipment that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state. Such firearm-mounted equipment includes threaded barrels, flash-hiding devices, sound-dampening devices, detachable magazines, aiming systems, trigger systems and lights.

2. Any semiautomatic shotgun or pump-action shotgun that is in any lawful barrel length that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state, that is configured with any magazine type or magazine capacity that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state and that is configured with any VARIETy of firearm-mounted equipment that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state. Such firearm-mounted equipment includes threaded barrels, flash-hiding devices, sound-dampening devices, pistol grips, vertical foregrips, detachable magazines, bayonet lugs, bayonets, collapsible or folding stocks, carrying slings, aiming systems, trigger systems and lights.

3. Any semiautomatic rifle that is in any lawful barrel length that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state, that is configured with any magazine CAPACITY THAT IS IN USE BY THE ARMED FORCES OF THE UNITED STATES OR THAT IS AUTHORIZED BY ANY LAW ENFORCEMENT AGENCY IN THIS STATE and that is configured with any variety of firearm-mounted equipment that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state. Such firearm-mounted equipment includes threaded barrels, flash-hiding devices, sound-dampening devices, pistol grips, vertical foregrips, detachable magazines, bayonet lugs, bayonets, collapsible or folding stocks, carrying slings, aiming systems, trigger systems and lights.

4. Any other small arms weapons system, ammunition, accessory or equipment that is in use by the armed forces of the United States or that is authorized for use by any law enforcement agency in this state.

5. Any full-capacity, high-capacity or extended-capacity magazine or ammunition-feeding device and any caliber or gauge of ammunition that is compatible with any of the arms set forth in paragraphs 1, 2, 3 and 4 of this subsection, including sufficient quantities of ammunition necessary to maintain a high degree of proficiency of arms and to maintain a ready supply of ammunition if the Arizona state guard is established. END_STATUTE

Sec. 5. Conditional enactment

Section 26-121, Arizona Revised Statutes, as amended by this act, does not become effective unless the Constitution of Arizona is amended by vote of the people at the next general election to modify the eligibility requirements for the militia of this state.