PREFILED DEC 28 2017
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REFERENCE TITLE: state guard; composition; firearms; equipment |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2057 |
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Introduced by Representative Stringer
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AN ACT
amending sections 26-121 and 26-174, Arizona Revised Statutes; relating to emergency and military affairs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 26-121, Arizona Revised Statutes, is amended to read:
26-121. Composition of militia; persons exempt
The militia of the state of Arizona consists of all able bodied able-bodied citizens of the this state between the ages of eighteen and forty‑five years who are at least eighteen years of age and who are capable of acting in concert for the common defense and all residents of the this state between such ages who are at least eighteen years of age, who are capable of acting in concert for the common defense and who have declared their intention to become citizens of the United States, except:
1. Persons exempted by the laws of the this state or the United States.
2. Persons with a serious mental illness, totally blind persons and persons convicted of infamous crimes.
3. Judges and clerks of courts of record.
4. State and county civil officers holding office by election, and members of the legislature.
5. Members of the clergy.
Sec. 2. Section 26-174, Arizona Revised Statutes, is amended to read:
26-174. Arizona state guard; establishment; purpose; appropriations; particularly suited firearm or equipment; definition
A. If the national guard of Arizona or a major portion thereof is called into active federal service, or if the national guard or a major portion thereof is alerted for federal service or for any other reason the governor considers to be necessary, the governor may establish an armed force for the safety and protection of the lives and property of the citizens of the this state, which shall be known as the Arizona state guard.
B. The Arizona state guard shall insofar as practicable shall be governed by and subject to the laws of the this state pertaining to the national guard. The governor shall issue or cause to be issued rules to govern administration and organization of the arizona state guard.
C. Appropriations made to the national guard shall be deemed appropriated to both the national guard and the Arizona state guard, if and when the latter organization is established, and any funds monies that are unexpended from appropriations to the national guard may be used for establishment and maintenance of the Arizona state guard.
D. The ability to call forth an effective Arizona state guard requires a body of citizens within this state who possess and are trained in the use of arms consistent with the purpose of the Arizona state guard. a person who is or has been a member of the militia of the state of Arizona pursuant to section 26-121 is authorized to privately purchase, in accordance with all state law, any particularly suited firearms or equipment for this purpose. The sale of particularly suited firearms or equipment for this purpose is lawful pursuant to this state's power to regulate this state's militia. A person who is or has been a member of the militia of the state of Arizona pursuant to section 26-121 and who possesses particularly suited firearms or equipment is lawfully entitled to retain possession of such firearms or equipment and may use or transport the firearms or equipment in this state for all lawful purposes. This subsection does not allow an individual who is prohibited from possessing firearms under the laws of this state to regain the individual's right to possess firearms.
E. For the purposes of this section, "particularly suited firearm or equipment" includes:
1. Any semiautomatic handgun or revolver that is lawfully possessed by a citizen of this state, including semiautomatic handguns configured with any magazine capacity that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state and with any VARIETy of firearm-mounted equipment that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state. Such firearm-mounted equipment includes threaded barrels, flash-hiding devices, sound-dampening devices, detachable magazines, aiming systems, trigger systems and lights.
2. Any semiautomatic shotgun or pump-action shotgun that is in any lawful barrel length that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state, that is configured with any magazine type or magazine capacity that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state and that is configured with any VARIETy of firearm-mounted equipment that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state. Such firearm-mounted equipment includes threaded barrels, flash-hiding devices, sound-dampening devices, pistol grips, vertical foregrips, detachable magazines, bayonet lugs, bayonets, collapsible or folding stocks, carrying slings, aiming systems, trigger systems and lights.
3. Any semiautomatic rifle that is in any lawful barrel length that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state, that is configured with any magazine CAPACITY THAT IS IN USE BY THE ARMED FORCES OF THE UNITED STATES OR THAT IS AUTHORIZED BY ANY LAW ENFORCEMENT AGENCY IN THIS STATE and that is configured with any variety of firearm-mounted equipment that is in use by the armed forces of the United States or that is authorized by any law enforcement agency in this state. Such firearm-mounted equipment includes threaded barrels, flash-hiding devices, sound-dampening devices, pistol grips, vertical foregrips, detachable magazines, bayonet lugs, bayonets, collapsible or folding stocks, carrying slings, aiming systems, trigger systems and lights.
4. Any other small arms weapons system, ammunition, accessory or equipment that is in use by the armed forces of the United States or that is authorized for use by any law enforcement agency in this state.
5. Any full-capacity, high-capacity or extended-capacity magazine or ammunition-feeding device and any caliber or gauge of ammunition that is compatible with any of the arms set forth in paragraphs 1, 2, 3 and 4 of this subsection, including sufficient quantities of ammunition necessary to maintain a high degree of proficiency of arms and to maintain a ready supply of ammunition if the Arizona state guard is established.
Sec. 3. Conditional enactment
Section 26-121, Arizona Revised Statutes, as amended by this act, does not become effective unless the Constitution of Arizona is amended by vote of the people at the next general election to modify the eligibility requirements for the militia of this state.