13-3121. Firearm transfers; chief law enforcement officer certification; notification; definitions

A. If a chief law enforcement officer's certification is required by federal law or regulation for the transfer of a firearm, the chief law enforcement officer, within sixty days after receipt of a request for certification by an applicant, shall provide the certification if the applicant is not prohibited by law from receiving the firearm or is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving the firearm. If the chief law enforcement officer is unable to provide a certification as required by this section, the chief law enforcement officer shall notify the applicant, in writing, of the denial and the reason for this determination.

B. The chief law enforcement officer of a law enforcement agency that has fifteen peace officers or fewer may refer an applicant who is requesting a certification pursuant to this section to the county sheriff.  A county sheriff who receives a request for certification from a referred applicant shall provide the certification required by this section.

C. Section 12-820.02 applies to a chief law enforcement officer who provides a certification pursuant to this section.

D. This section does not apply to a county attorney or a tribal agency.  This subsection does not prohibit a county attorney or a tribal agency from providing an applicant with a certification.

E. A chief law enforcement officer is not required to provide a certification pursuant to this section that the officer knows is untrue but may not refuse to provide a certification that is based on a generalized objection to private persons or entities making, possessing or receiving firearms or any certain type of firearm the possession of which is not prohibited by law.

F. For the purposes of this section:

1. "Certification" means the participation and assent that is required by federal law for the approval of an application to transfer or make a firearm.

2. "Chief law enforcement officer" means any official that the bureau of alcohol, tobacco, firearms and explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification to make or transfer a firearm.

3. "Firearm" has the same meaning prescribed in 26 United States Code section 5845(a).

4. "Proceeding" includes an ongoing criminal investigation that could result in the applicant being prohibited by law from receiving a firearm.