House of Representatives

HB 2649

firearms; possession; storage

Sponsors: Representative Murphy, Representative Gorman, Representative Pearce, Representative Biggs, et al.

DP	Committee on Judiciary
DP	Caucus and COW
X	As Transmitted to the Governor

HB 2649 restricts new laws, rules or ordinances from being passed relating to firearm possession and storage.

History

A.R.S. § 13-3101 defines deadly weapon as, “anything that is designed for lethal use, including a firearm.”  A.R.S. § 13-3102 outlines misconduct involving deadly weapons.  Actions that are classified as misconduct involving deadly weapons include knowingly,

· Carrying a concealed weapon without a permit

· Manufacturing, possessing, transporting, selling or transferring a prohibited weapon

· Possessing a deadly weapon if the person is a prohibited possessor

· Selling or transferring a deadly weapon to a prohibited possessor

· Defacing a deadly weapon

· Using or possessing a deadly weapon during any felony drug offense

· Discharging a firearm at an occupied structure to assist a criminal street gang, syndicate or racketeering enterprise

· Carrying a deadly weapon in a public establishment or public event after being asked by the operator of the establishment or sponsor of the event to remove the weapon

· Entering a public polling place with a weapon

· Possessing a deadly weapon on school grounds

· Entering a nuclear or hydroelectric generating station with a deadly weapon

· Supplying, selling or giving possession or control of a firearm to another person if it is known that the other person will use the weapon in the commission of any felony

· Using, possessing or exercising control over a deadly weapon in an act of terrorism

A.R.S. § 13-3108 outlines the ordinances, rules or taxes that a political subdivision of this state is permitted to enact relating to the transportation, possession, carrying, sale, transfer or use of firearms.  It also prohibits a political subdivision from requiring the licensing or registration of firearms.  Under A.R.S. § 13-3108, a political subdivision of the state cannot ban the ownership, purchase, sale or transfer of firearms.

Provisions

· Prohibits the State, any agency or any political subdivision of the State from enacting or implementing any new law, rule or ordinance relating to the possession or storage of firearms except to implement provisions that are specified in statute.

· Clarifies that the Legislature is not prohibited from enacting or implementing laws relating to firearm possession and storage.

· Provides exemptions for:

- A state, county or municipal judicial department, law enforcement agency or prosecutorial agency may prohibit a deadly weapon from being carried into a public establishment or a public event.

- A political subdivision which enacts a rule or ordinance that requires a business that obtains a secondhand firearm to retain it for no more than 10 days at the place of business or at a secure facility.

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Forty-seventh Legislature                   Analyst Initials _______

Second Regular Session                      March 14, 2006

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