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REFERENCE TITLE: firearms; background checks; gun shows |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1586 |
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Introduced by Senator Gallardo
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AN ACT
amending title 44, Arizona Revised Statutes, by adding chapter 35; relating to firearm shows.
(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 35, to read:
CHAPTER 35
FIREARM SHOWS
ARTICLE 1. GENERAL PROVISIONS
44-7801. Definitions
In this chapter, unless the context otherwise requires:
1. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or that may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition.
2. "Firearm exhibitor" means any person that exhibits, sells, offers for sale, transfers or exchanges firearms.
3. "Firearm show" means an event sponsored, whether for profit or not, by an individual, national, state or local organization, association or other entity devoted to the collection, competitive use, sporting use or any other legal use of firearms and includes any building, structure or facility where firearms are offered for sale or transfer and any grounds used in connection with the event. A firearm show also includes an event at which any of the following applies:
(a) Twenty per cent or more of the total number of exhibitors are firearm exhibitors.
(b) Ten or more firearm exhibitors are participating.
(c) A total of twenty-five or more pistols or revolvers are offered for sale or transfer.
(d) A total of fifty or more firearms are offered for sale or transfer.
4. "Firearm show operator" means a person who organizes, produces, sponsors or operates a firearm show.
44-7802. Firearm show operation; signage; national instant criminal background checks; form maintenance
A. During a firearm show, A firearm show operator shall do all of the following:
1. conspicuously post and maintain signs stating that a national instant criminal background check shall be completed before all firearm sales or transfers. Signs shall be posted at all of the following locations:
(a) all entrances to the firearm show.
(b) all places where admission tickets to the firearm show are sold.
(c) not less than four locations within the grounds of the firearm show, not including the places prescribed by subdivisions (a) and (b) of this paragraph.
2. Notify all firearm exhibitors in writing that a national instant criminal background check shall be completed before each firearm sale or transfer.
3. Provide access at the firearm show to a firearm dealer licensed under federal law who is authorized to perform a national instant criminal background check if the seller or transferor of a firearm is not authorized to conduct a national instant criminal background check. The firearm show operator shall do either of the following:
(a) Require a firearm exhibitor who is a firearm dealer licensed under federal law and who is authorized to conduct a national instant criminal background check to provide the check at cost.
(b) Designate a location at the firearm show where the firearm dealer prescribed by subdivision (a) of this paragraph will be present to perform the check.
B. A firearm dealer licensed under federal law who performs a national instant criminal background check pursuant to subsection A, paragraph 3 shall provide the seller or transferor of the firearm with a copy of the United States department of the treasury, bureau of alcohol, tobacco and firearms form ATF f 4473 and the dealer shall maintain the form and make the form available for inspection by law enforcement agencies for a period of ten years.
44-7803. Violation; civil penalty; enforcement
A. Except as provided in section 44-7804, a person who knowingly violates this chapter is subject to a civil penalty of not more than ten thousand dollars per violation.
B. The attorney general shall enforce this chapter.
44-7804. Sales of firearms at firearm shows; violation; classification
A. If a person sells or transfers a firearm at a firearm show, the person shall:
1. Only sell to a person who has had a national instant criminal background check conducted pursuant to section 44-7802.
2. Comply with 18 United States Code section 922(t).
B. A person shall not offer or agree to sell or transfer a firearm to another person at a firearm show and transfer or deliver the firearm to the person or a person acting on the person's behalf at a location other than the firearm show for the purpose of avoiding compliance with this section.
C. Any person who knowingly violates this section is guilty of a class 1 misdemeanor.