REFERENCE TITLE: firearms; state preemption; penalties
State of Arizona
First Regular Session
Senators Smith, Allen, Burges, Farnsworth D, Kavanagh, McGuire; Representatives Borrelli, Thorpe, Townsend: Senators Barto, Shooter; Representatives Leach, Shope
AMENDING SECTION 13-3108, ARIZONA REVISED STATUTES; RELATING TO FIREARMS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3108, Arizona Revised Statutes, is amended to read:
13-3108. Firearms regulated by state; state preemption; injunction; civil penalty; cause of action; violation; classification; definition
A. Except as provided in subsection G of this section, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state.
B. A political subdivision of this state shall not require the licensing or registration of firearms or ammunition or any firearm or ammunition components or related accessories or prohibit the ownership, purchase, sale or transfer of firearms or ammunition or any firearm or ammunition components, or related accessories.
C. A political subdivision of this state shall not require or maintain a record in any form, whether permanent or temporary, including a list, log or database, of any of the following:
1. Any identifying information of a person who leaves a weapon in temporary storage at any public establishment or public event, except that the operator of the establishment or the sponsor of the event may require that a person provide a government issued identification or a reasonable copy of a government issued identification for the purpose of establishing ownership of the weapon. The operator or sponsor shall store any provided identification with the weapon and shall return the identification to the person when the weapon is retrieved. The operator or sponsor shall not retain records or copies of any identification provided pursuant to this paragraph after the weapon is retrieved.
2. Except in the course of a law enforcement investigation, any identifying information of a person who owns, possesses, purchases, sells or transfers a firearm.
3. The description, including the serial number, of a weapon that is left in temporary storage at any public establishment or public event.
D. A political subdivision of this state shall not enact any rule or ordinance that relates to firearms and is more prohibitive than or that has a penalty that is greater than any state law penalty. A political subdivision's rule or ordinance that relates to firearms and that is inconsistent with or more restrictive than state law, whether enacted before or after July 29, 2010, is null and void.
E. A political subdivision of this state shall not enact any ordinance, rule or regulation limiting the lawful taking of wildlife during an open season established by the Arizona game and fish commission unless the ordinance, rule or regulation is consistent with title 17 and rules and orders adopted by the Arizona game and fish commission. This subsection does not prevent a political subdivision from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure without the consent of the owner or occupant of the structure. For the purposes of this subsection:
1. "Occupied structure" means any building in which, at the time of the firearm's discharge, a reasonable person from the location where a firearm is discharged would expect a person to be present.
2. "Take" has the same meaning prescribed in section 17‑101.
F. This state, any agency or political subdivision of this state and any law enforcement agency in this state shall not facilitate the destruction of a firearm or purchase or otherwise acquire a firearm for the purpose of destroying the firearm except as authorized by section 13‑3105 or 17‑240.
G. This section does not prohibit a political subdivision of this state from enacting and enforcing any ordinance or rule pursuant to state law or relating to any of the following:
1. Imposing any privilege or use tax on the retail sale, lease or rental of, or the gross proceeds or gross income from the sale, lease or rental of, firearms or ammunition or any firearm or ammunition components at a rate that applies generally to other items of tangible personal property.
2. Prohibiting a minor who is unaccompanied by a parent, grandparent or guardian or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the minor's parent, grandparent or guardian from knowingly possessing or carrying on the minor's person, within the minor's immediate control or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property that is owned or leased by the minor or the minor's parent, grandparent or guardian. Any ordinance or rule that is adopted pursuant to this paragraph shall not apply to a minor who is fourteen, fifteen, sixteen or seventeen years of age and who is engaged in any of the following:
(a) Lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
(b) Lawful transportation of an unloaded firearm for the purpose of lawful hunting.
(c) Lawful transportation of an unloaded firearm for the purpose of attending shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
(d) Any activity that is related to the production of crops, livestock, poultry, livestock products, poultry products or ratites or storage of agricultural commodities.
3. The regulation of commercial land and structures, including a business relating to firearms or ammunition or their components or a commercial shooting range in the same manner as other commercial businesses. Notwithstanding any other law, this paragraph does not:
(a) Authorize a political subdivision to regulate the sale or transfer of firearms on property it owns, leases, operates or controls in a manner that is different than or inconsistent with state law. For the purposes of this subdivision, a use permit or other contract that provides for the use of property owned, leased, operated or controlled by a political subdivision shall not be considered a sale, conveyance or disposition of property.
(b) Authorize a political subdivision through a zoning ordinance to prohibit or otherwise regulate the otherwise lawful discharge of a firearm or maintenance or improvements directly related to the discharge, on a private lot or parcel of land that is not open to the public on a commercial or membership basis.
(c) Authorize a political subdivision to regulate the otherwise lawful discharge of a firearm or maintenance or improvements directly related to the discharge, on land that is used for agriculture or other noncommercial purposes.
4. Regulating employees or independent contractors of the political subdivision who are acting within the course and scope of their employment or contract.
5. Limiting or prohibiting the discharge of firearms in parks and preserves except:
(a) As allowed pursuant to chapter 4 of this title.
(b) On a properly supervised range as defined in section 13‑3107.
(c) In an area approved as a hunting area by the Arizona game and fish department. Any such area may be closed when deemed unsafe by the director of the Arizona game and fish department.
(d) To control nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
(e) By special permit of the chief law enforcement officer of the political subdivision.
(f) As required by an animal control officer in performing duties specified in section 9‑499.04 and title 11, chapter 7, article 6.
(g) In self‑defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
H. If A political subdivision enacts any ordinance, regulation, tax or rule or acts in any way in violation of this section, a court shall declare the improper act, ordinance, regulation, tax or rule invalid and shall issue a permanent injunction against the political subdivision from continuing the act or enforcing the ordinance, regulation, tax or rule. It is not a defense that the political subdivision was acting in good faith or on the advice of counsel.
I. If a court determines that a violation of this section is knowing and wilful, the court shall assess a civil penalty of up to five thousand dollars against the elected or appointed government official or administrative agency head under whose jurisdiction the violation occurred.
J. Except as otherwise provided by law, a political subdivision may not use public monies to defend or reimburse a person who is found to have knowingly and wilfully violated this section.
K. A person who knowingly and wilfully violates this section while acting in the person's official capacity is subject to termination from employment.
L. A person or an organization whose membership is adversely affected by any ordinance, regulation, tax, measure, directive, rule, enactment, order or policy that is adopted or enforced in violation of this section may file a civil action for declaratory relief and actual damages against the political subdivision in any court of this state having jurisdiction over any defendant in the action. If the plaintiff prevails in the action, the court shall award both:
1. Reasonable attorney fees and costs.
2. The actual damages incurred not to exceed one hundred thousand dollars.
H. M. A violation of any ordinance established pursuant to subsection G, paragraph 5 of this section is a class 2 misdemeanor unless the political subdivision designates a lesser classification by ordinance.
I. N. For the purposes of this section, "political subdivision" includes a political subdivision acting in any capacity, including under police power, in a proprietary capacity or otherwise.