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REFERENCE TITLE: unlawful discharge of firearms; intoxication |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2207 |
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Introduced by Representatives Orr: Wheeler
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AN ACT
amending sections 13-905, 13-906 and 13-3107, Arizona Revised Statutes; relating to weapons.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-905, Arizona Revised Statutes, is amended to read:
13-905. Restoration of civil rights; persons completing probation
A. A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil rights which that were lost or suspended by the felony conviction restored by the judge who discharges him at the end of the term of probation.
B. On proper application, a person who has been discharged from probation either before or after adoption of this chapter may have any civil rights which that were lost or suspended by the felony conviction restored by the superior court judge by whom the person was sentenced or the judge's successors in office from the county in which the person was originally convicted. The clerk of the superior court shall have the responsibility for processing the application on request of the person involved or the person's attorney. The superior court shall serve a copy of the application on the county attorney.
C. If the person was convicted of a dangerous offense under section 13‑704, the person may not file for the restoration of the right to possess or carry a gun or firearm. If the person was convicted of a serious offense as defined in section 13‑706, the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of his the person's discharge from probation. If the person was convicted of a violation of section 13‑3107, the person may not file for the restoration of the right to possess or carry a gun or firearm for five years from the date of the person's discharge from probation. If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's discharge from probation.
Sec. 2. Section 13-906, Arizona Revised Statutes, is amended to read:
13-906. Applications by persons discharged from prison
A. On proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment may have any civil rights which that were lost or suspended by his conviction restored by the superior court judge by whom the person was sentenced or the judge's successors in office from the county in which the person was originally sentenced.
B. A person who is subject to subsection A of this section may file, no sooner than two years from the date of his absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the state department of corrections. The clerk of the superior court that sentenced the applicant shall have the responsibility for processing applications for restoration of civil rights upon on request of the person involved, the person's attorney or a representative of the state department of corrections. The superior court shall serve a copy of the application on the county attorney.
C. If the person was convicted of a dangerous offense under section 13‑704, the person may not file for the restoration of the right to possess or carry a gun or firearm. If the person was convicted of a serious offense as defined in section 13‑706, the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of his the person's absolute discharge from imprisonment. If the person was convicted of a violation of section 13‑3107, the person may not file for the restoration of the right to possess or carry a gun or firearm for five years from the date of the person's absolute discharge from imprisonment. If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's absolute discharge from imprisonment.
Sec. 3. Section 13-3107, Arizona Revised Statutes, is amended to read:
13-3107. Unlawful discharge of firearms; blood alcohol testing; exceptions; classification; definitions
A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.
B. A person who with criminal negligence discharges a firearm in this state while the person has an alcohol concentration of 0.08 or more is guilty of a class 6 felony. A law enforcement officer who has reasonable suspicion to believe that a person has committed a violation of this subsection shall require the person to submit to a blood, breath or urine test to determine the person's blood alcohol concentration. The test shall be given in the same manner as prescribed in sections 28-1322, 28-1323, 28-1324, 28-1325 and 28‑1388.
B. C. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13‑704, subsection L, section 13‑604 applies to this offense.
C. D. Subsection A of this section does not apply if the firearm is discharged:
1. As allowed pursuant to chapter 4 of this title.
2. On a properly supervised range.
3. To lawfully take wildlife during an open season established by the Arizona game and fish commission and subject to the limitations prescribed by title 17 and Arizona game and fish commission rules and orders. This paragraph does not prevent a city, town or county from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure. For the purposes of this paragraph, "take" has the same meaning prescribed in section 17‑101.
4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
5. By special permit of the chief of police of the municipality.
6. As required by an animal control officer in the performance of duties as specified in section 9‑499.04.
7. Using blanks.
8. More than one mile from any occupied structure as defined in section 13‑3101.
9. 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.
D. E. For the purposes of this section:
1. "Municipality" means any city or town and includes any property that is fully enclosed within the city or town.
2. "Properly supervised range" means a range that is any of the following:
(a) Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school.
(b) Approved by any agency of the federal government, this state or a county or city within which the range is located.
(c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.