SB1391 - 501R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 13, Arizona Revised Statutes, is amended by adding chapter 31.1, to read:

CHAPTER 31.1

INTERSTATE FIREARM FREEDOM COMPACT

START_STATUTE13-3161. Adoption of compact; text of compact

The governor is authorized and directed to enter into a compact on behalf of this state with any of the United States lawfully joined in the compact in a form substantially as follows:

Article I

Findings and declaration of policy

A. 4 United States Code section 112 gives congressional consent "to any two or more States to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and in the enforcement of their respective criminal laws and policies, and to establish such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts".

B. Pursuant to their police powers to protect public health, safety, welfare and morals, the party states have enacted or anticipate enacting laws or constitutional provisions to protect and guarantee their residents' rights and freedoms to own a firearm and not be regulated by the federal government.

C. The party states have enacted or anticipate enacting laws that make it a crime in their state for anyone to interfere with their residents' enjoyment of the rights and freedoms guaranteed by their respective firearm ownership laws.

D. The party states find it necessary and deem it desirable for making effective their respective current or anticipated firearm laws, as well as this agreement and compact, to do the following:

1. Prohibit any governmental agent from depriving any resident of any party state of the rights and freedoms guaranteed under their respective current or anticipated firearm freedom laws.

2. Prohibit any governmental agent from penalizing any resident of any resident of any party state for exercising the rights and freedoms guaranteed under their respective current or anticipated firearm freedom laws.

3. Cooperate with each other and to give each other mutual assistance in the prevention of crimes under the firearm freedom criminal laws of any party state.

4. Cooperate with each other and to give each other mutual assistance in the criminal prosecution of anyone who violates the firearm freedom criminal laws of any party state.

Article II

Definitions

As used in this compact, unless the context clearly indicates otherwise:

1. "firearm freedom laws" means any state law or constitutional provision that protects and guarantees the freedom or right to own, keep, bear, manufacture, transfer or sell firearms, ammunition and related accessories.

2. "Firearm freedom criminal laws" means any state law that makes it a crime for anyone to interfere with another person's enjoyment of the freedoms or rights protected and guaranteed by the state's respective firearm freedom laws.

3. "Penalizing" means imposing any civil penalty, criminal fine, tax, salary or wage withholding or surcharge or any named fee with a similar effect established by law or rule by a government established, created or controlled agency that is used to punish or discourage the enjoyment of freedoms or rights protected under the states firearm freedom laws.

4. "State" means a state of the United States.

Article III

Terms

Notwithstanding any state or federal law to the contrary:

1. Each party state shall give full faith and credit to the firearm freedom criminal laws and firearm freedom laws of every party state.

2. A governmental agent shall not deprive residents of party states of the rights and freedoms protected under their respective state's firearm freedom criminal laws and guaranteed by their respective state's firearm freedom laws.

3. Governmental agents shall not penalize residents of party states for exercising the rights and freedoms protected under their respective state's firearm freedom criminal laws and guaranteed by their respective state's firearm freedom laws.

4. The party states shall cooperate with each other and give each other mutual assistance in the prevention of crimes under the firearm freedom criminal laws of any party state.

5. The party states shall cooperate with each other and give each other mutual assistance in the criminal prosecution of any person who violates the firearm freedom criminal laws of any party state.

Article IV

Enforcement

Notwithstanding any state or federal law to the contrary:

1. The chief law enforcement officer of each party state shall enforce this agreement and compact.

2. A taxpaying resident of any party state has standing in the courts of any party state to require the chief law enforcement officer of any party state to enforce this agreement and compact.

Article V

Compact administrator and interchange of information

A. The governor of each party state or the governor's designee is the compact administrator. The compact administrator shall:

1. Maintain an accurate list of all party states.

2. Consistent with subsections C and D, transmit in a timely fashion to other party states citations of all current firearm freedom laws and current firearm freedom criminal laws of the compact administrator's respective state.

3. Receive and maintain a complete list of the firearm freedom laws and firearm freedom criminal laws of each party state.

B. The compact administrator of each party state shall furnish to the compact administrator of each party state any information or documents that are reasonably necessary to facilitate the administration of this compact.

C. Within ten days after executing this agreement and compact, and thereafter on the close of each of their respective succeeding legislative sessions, the party states shall notify each other in writing and by appropriate citation of each of their current firearm freedom laws, which shall be deemed within the subject matter of this agreement and compact, unless the compact administrator of one or more party states gives specific notice in writing to all other party states within sixty days of such notice that it objects to the inclusion of such law or laws in this agreement and compact.

D. Within ten days after executing this agreement and compact, and thereafter on the close of each of their respective succeeding legislative sessions, the party states shall notify each other in writing and by appropriate citation of each of their current firearm freedom criminal laws, which shall be deemed within the subject matter of this agreement and compact, unless the compact administrator of one or more party states gives specific notice in writing to all other party states within sixty days of such notice that it objects to the inclusion of such law or laws in this agreement and compact.

Article VI

Entry into effect and withdrawal

A. This compact is deemed accepted when at least two states deliver a notice of confirmation, which is duly executed by their respective authorized representative and which acknowledges complete agreement to the terms of this compact, to each other's governor, the office of the clerk of the United States house of representatives, the office of the secretary of the United States senate, the president of the United States senate and the speaker of the United States house of representatives. Thereafter, the compact is deemed accepted by any state when a respective notice of confirmation, which is duly executed by the state's respective authorized representative and which acknowledges complete agreement to the terms of this compact, is delivered to each party state's compact administrator, the office of the clerk of the United States house of representatives, the office of the secretary of the United States senate, the president of the United States senate and the speaker of the United States house of representatives.

B. Any party state may withdraw from this compact by enacting a joint resolution declaring such withdrawal and delivering notice of the withdrawal to each other party state. A withdrawal does not affect the validity or applicability of the compact to states remaining party to the compact.

Article VII

Construction and severability

A. This compact shall be liberally construed so as to effectuate its purposes.

B. This compact is not intended to and shall not:

1. Prevent any party state from adopting firearm freedom laws that increase the freedom of any person or association of people to own, keep, bear, manufacture, transfer or sell firearms, ammunition and related accessories.

2. Prevent any person or association of people from enjoying or enforcing private property rights.

3. Authorize any party state to obtain, accumulate or share personal or other identifying information concerning any person or association of people that own, keep, bear, manufacture, transfer or sell firearms, ammunition or related accessories.

4. Authorize any party state to obtain, accumulate or share identifying information concerning firearms, ammunition or related accessories.

5. Authorize any party state to regulate or prohibit the private ownership, possession, manufacture, transfer or sale of firearms, ammunition or related accessories.

C. This compact is intended to operate as the law of the nation with respect to the party states under 4 United States Code section 112, to supersede any inconsistent state and federal law and to establish vested rights in favor of residents of the party states in the enjoyment of the rights and freedoms protected by their respective firearm freedom criminal laws and guaranteed by their respective firearm freedom laws.

D. If any phrase, clause, sentence or provision of this compact is declared in a final judgment by a court of competent jurisdiction to be contrary to the constitution of the United States or is otherwise held invalid, the validity of the remainder of this compact shall not be affected.

E. If the applicability of any phrase, clause, sentence or provision of this compact to any government, agency, person or circumstance is declared in a final judgment by a court of competent jurisdiction to be contrary to the constitution of the United States or is otherwise held invalid, the validity of the remainder of this compact and the applicability of the remainder of this compact to any government, agency, person or circumstance shall not be affected.

F. If this compact is held to be contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the affected party state as to all severable matters. END_STATUTE