ARIZONA STATE SENATE
LEGISLATIVE RESEARCH ANALYST
Telephone: (602) 542-3171
Facsimile: (602) 542-7833
DATE: March 24, 2003
(S/E: firearms regulated by state; violation)
Prohibits political subdivisions of the state from regulating the transfer of firearms or ammunition as well as the sale or transfer of firearms on property it owns, leases or operates in a manner inconsistent with state law.
Current law prohibits state political subdivisions from enacting any ordinance, rule or tax relating to the transportation, possession, carrying, sale or use of firearms or ammunition or firearm or ammunition components. Additionally, political subdivisions are prohibited from requiring licensing or registration of firearms or ammunition. However, political subdivisions are allowed to enact or enforce state law regarding firearm taxation, possession and use.
In February 2001, Tucson voted to condition the use of its commercial property for gun shows on an event promoter's agreement to require instant background checks for prospective gun buyers. A promoter of a gun show paid a deposit to the city to reserve the Tucson Convention Center for a gun show. The city then presented the promoter with a use permit that included the background check requirement. The promoter filed a case contesting the city’s ability to regulate gun sales. The trial court ruled against the promoter finding there was no controversy to resolve. The promoter then filed a second case with the Pima County Superior Court, claiming state law preempted the city’s action. The trial court ruled in the promoter’s favor, preventing the city from enforcing the background check requirement. The city appealed the judgment to the Court of Appeals, which concluded that the Legislature did not clearly intend to preempt the city from requiring background checks on prospective firearms purchasers.
The strike everything amendment to H.B. 2319 prohibits state political subdivisions from regulating the transfer of firearms or ammunition and the sale or transfer of firearms on property it owns, leases or operates in a manner inconsistent with state law.
There is no anticipated fiscal impact to the state general fund associated with this legislation.
1. Prohibits political subdivisions from enacting any ordinance, rule or tax relating to the transfer of firearms or ammunition or any firearm or ammunition components in this state, except for a political subdivision’s enforcement of state law.
2. Prohibits a political subdivision from regulating the sale or transfer of firearms on property it owns, leases, operates or controls in a manner inconsistent with state law.
3. Specifies that a use permit or other contract that provides for the use of property owned, leased, operated or controlled by a political subdivision is not considered a sale, conveyance or disposition of property.
4. Makes technical changes.
5. Provides for a general effective date.
UM 2/12/03 DP 7-2-0-0
3rd Read 3/10/03 36-21-3-0