REFERENCE TITLE: assault weapons; magazines; prohibition; registration
State of Arizona
Second Regular Session
Senators Rios: Alston, Bradley, Contreras, Dalessandro, Gonzales, Mendez, Navarrete, Otondo, Peshlakai, Quezada, Steele
amending title 13, chapter 31, Arizona Revised Statutes, by adding section 13‑3123; relating to firearms.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 31, Arizona Revised Statutes, is amended by adding section 13-3123, to read:
13-3123. Unlawful manufacture, import, possession, purchase, sale or transfer of assault weapons or large capacity magazines; applicability; registration; civil liability; fees; classification; definitions
A. A person, corporation or other entity may not manufacture, import, possess, purchase, sell or transfer any assault weapon or large capacity magazine.
b. SubSection A of this section does not apply to any of the following:
1. A government officer, agent or employee, a member of the armed forces of the United States or a peace officer to the extent that the person is otherwise authorized to acquire or possess an assault weapon or large capacity magazine, or both, and does so while acting within the scope of the person's duties.
2. The manufacture of an assault weapon or large capacity ammunition feeding device by a firearms manufacturer for the purpose of sale to any branch of the armed forces of the United States or to a law enforcement agency in this State for use by that branch or agency or the branch's or agency's employees if the manufacturer is properly licensed under federal, state and local laws.
3. The sale or transfer of an assault weapon or large capacity ammunition feeding device by a dealer that is properly licensed under federal, state and local laws to any branch of the armed forces of the United States or to a law enforcement agency in this State for use by that branch or agency or the branch's or agency's employees for law enforcement purposes.
c. A person who was legally in possession of an assault weapon or large capacity magazine on the effective date of this section and who does any of the following within ninety days after the effective date of this section is not subject to prosecution:
1. Removes the assault weapon or large capacity magazine from this State.
2. Renders the assault weapon permanently inoperable.
3. Surrenders the assault weapon or large capacity magazine to the appropriate law enforcement agency for destruction.
4. If eligible, registers the assault weapon as provided in subsection d of this section.
d. To register an assault weapon that a person legally possessed before the effective date of this section, the person must comply with the following requirements:
1. Submit to a background check conducted by the appropriate law enforcement agency to confirm that the person is not a prohibited purchaser under 18 United States code section 922 or a prohibited possessor pursuant to section 13‑3101.
2. Unless the person is currently prohibited by law from possessing a firearm, immediately register the assault weapon with the appropriate law enforcement agency.
3. Safely and securely store the assault weapon pursuant to the rules adopted by the department of public safety.
4. Annually renew the registration, subject to completing a new background check.
5. Possess the assault weapon only:
(a) On property that the person owns or immediately controls.
(b) While on the premises of a licensed gunsmith for the purpose of lawful repair.
(c) While engaged in the legal use of the assault weapon at a duly licensed firing range.
(d) While traveling to or from locations listed in this paragraph if the assault weapon is stored unloaded in a locked container during transport. For the purposes of this subdivision, locked container does not include the utility compartment, glove compartment or trunk of a motor vehicle.
6. Report the loss or theft of a registered assault weapon to the appropriate law enforcement agency within forty‑eight hours after the loss or theft is discovered or should have been discovered.
e. If a registered assault weapon is used in the commission of a crime, the registered owner is civilly liable for any damages resulting from that crime. The liability imposed by this subsection does not apply if the assault weapon was stolen and the registered owner reported the theft of the firearm to a law enforcement agency as prescribed in subsection D, paragraph 6 of this section.
f. Registered assault weapons may not be purchased, sold or transferred, except that a registered assault weapon may be transferred to a licensed gunsmith for the purpose of lawful repair or to an appropriate law enforcement agency for the purpose of surrendering the assault weapon for destruction. An assault weapon that is possessed in violation of this section may be destroyed unless a court or a county or city attorney finds or the United States department of justice declares that preserving the assault weapon is in the interests of justice.
g. A person who acquires an assault weapon by inheritance, bequest, or succession shall do one of the following within ninety days after acquiring title:
1. Modify the assault weapon to render the weapon permanently inoperable.
2. Surrender the assault weapon to the department of public safety for destruction.
3. Transfer the assault weapon to a firearms dealer who is properly licensed under federal, state and local laws.
h. The registered owner of an assault weapon may not purchase additional assault weapons.
I. A law enforcement agency may charge a fee determined by the director of the department of public safety for each registration and registration renewal pursuant to subsections C and D of this section.
J. A person who violates this section is guilty:
1. Of a class 1 misdemeanor for a first violation that involves only the possession of an assault weapon or large capacity magazine and, notwithstanding section 13‑802, the person shall pay a fine of at least $750.
2. Of a class 5 felony For a second or subsequent violation that involves only the possession of an assault weapon or large capacity magazine and, notwithstanding section 13‑801, the person shall pay a fine of at least $2,500.
3. Of a class 4 felony for any other violation of this section and, notwithstanding section 13‑801, the person shall pay a fine of at least $5,000.
K. For the purposes of this section:
1. "Assault weapon":
(a) Means a semiautomatic rifle that has the capacity to accept a detachable magazine.
(b) Means a semiautomatic pistol or any semiautomatic centerfire rifle with a fixed magazine that has the capacity to accept more than ten rounds of ammunition.
(c) Means a semiautomatic pistol that has the capacity to accept a detachable magazine and that has at least one of the following characteristics:
(i) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand.
(ii) A folding, telescoping or thumbhole stock.
(iii) A shroud that is attached to the barrel, or that partially or completely encircles the barrel, and that allows the bearer to hold the firearm with the nontrigger hand without being burned, excluding a slide that encloses the barrel.
(iv) The capacity to accept a detachable magazine at any location outside of the pistol grip.
(d) Means a Semiautomatic shotgun that has one or more of the following:
(i) A pistol grip or thumbhole stock.
(ii) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand.
(iii) A folding or telescoping stock.
(iv) A fixed magazine capacity that carries more than five rounds.
(v) An ability to accept a detachable magazine.
(e) Means a Shotgun with a revolving cylinder.
(f) Includes a Conversion kit, part or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person.
(g) does not include any firearm that has been made permanently inoperable.
2. "Fixed magazine" means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.
3. "Large capacity magazine" means any ammunition feeding device with the capacity to accept more than ten rounds but does not include any of the following:
(a) A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.
(b) A twenty-two caliber tube ammunition feeding device.
(c) A tubular magazine that is contained in a lever action firearm.