ARIZONA STATE SENATE
RESEARCH STAFF
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DAMION LEENATALI LEGISLATIVE INTERN JENNIFER EUGSTER LEGISLATIVE RESEARCH ANALYST JUDICIARY COMMITTEE Telephone: (602) 926 -3171 Facsimile: (602) 926 -3833 |
DATE: April 18, 2006
SUBJECT: House Changes to S.B. 1339 – firearms; possession; persons adjudicated delinquent
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As passed by the Senate, S.B. 1339 grants the court the discretion to prohibit a juvenile who is adjudicated delinquent for a misdemeanor from carrying or possessing a firearm while the juvenile is within the jurisdiction of the Arizona Department of Juvenile Corrections or the Juvenile Court.
The House of Representatives amended the bill as follows:
1. Recodifies portions of the section of law pertaining to the unlawful possession of firearms by minors and makes the section applicable to all counties, instead of only counties with a population of more than 500,000 persons (A.R.S. § 13-3111).
2. Makes technical changes.
By way of background, A.R.S. § 13-3111 was held entirely unconstitutional. The Arizona Constitution prohibits the state Legislature from enacting local legislation that relates to punishment of crimes and misdemeanors (Ariz. Const., Art. IV, pt. 2, § 19). In 1999, the Arizona Court of Appeals ruled that A.R.S. § 13-3111 was unconstitutional local legislation because the statute only applied to Maricopa County and Pima County. See In re Cesar R., 197 Ariz. 437, 4 P.3d 980 (App. 1999).
Section 13-3111, Arizona Revised Statutes, has many provisions relating to possession of firearms by minors. The statute prohibits an unemancipated minor, unless the minor is accompanied by a parent, grandparent, guardian or certified hunter safety or firearms instructor, from carrying or possessing a firearm in or on a means of transportation, in any public place, on any street or highway or on any private property, except private property owned by the minor’s parent, grandparent or guardian.
The statute requires a peace officer to seize the minor’s firearm and requires the seized firearm to be held by a law enforcement agency until the charges have been adjudicated or disposed, after which the court must order the firearm to be forfeited to the lawful owner if the owner’s identity is known.
Minors in violation of the statute are subject to fines ranging from $250 to $500 and the court may revoke a minor’s driver’s license until the minor turns 18. A parent or guardian is jointly and severally responsible for any fine imposed for any civil damages resulting from the minor’s unlawful use of a firearm if the court finds that the parent or guardian knew of the minor’s unlawful conduct and made no effort to prohibit it.
Senate Action House Action
JUD 2/13/06 DPA 7-0-1-0 JUD 3/30/06 DP 7-1-1-0
3rd Read 3/8/06 30-0-0-0 3rd Read 4/17/06 55-0-5-0
JE/DL/jas
cc: All Senators