ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1339
firearms; possession; persons adjudicated delinquent
Purpose
Grants the court the discretion to prohibit a juvenile who is adjudicated delinquent for a misdemeanor from carrying or possessing a firearm while the juvenile is within the jurisdiction of the Arizona Department of Juvenile Corrections (ADJC) or the Juvenile Court. Recodifies a section of law pertaining to the unlawful possession of firearms by minors.
Background
Section 13-904, Arizona Revised Statutes, also prohibits a juvenile adjudicated delinquent from carrying or possessing a firearm. However, a person who was adjudicated delinquent and whose period of probation has been completed may have his or her right to possess or carry a gun or firearm restored by the judge who discharges the person at the end of his or her term of probation (A.R.S. § 13-912.01).
Statute stipulates that persons (adults and juveniles tried as adults) convicted of a felony may have their civil rights suspended, including the right to vote, the right to hold public office, the right to serve as a juror and the right to possess a gun or firearm (A.R.S. § 13-904). Persons convicted of a misdemeanor do not have these rights suspended.
Pursuant to current statute, a juvenile adjudicated delinquent for a misdemeanor can lose the right to carry or possess a gun or firearm because the pertinent statutes do not specify whether the prohibition applies to persons adjudicated delinquent for misdemeanors or to persons adjudicated delinquent for felonies.
In 1999, the Arizona Court of Appeals held that A.R.S. § 13-3111 was unconstitutional local legislation because the statute only applied to Maricopa County and Pima County. See In re Cesar R., 197 Ariz. 437, 4 P.3d 980 (App. 1999). Among other things, the statute prohibits an unemancipated minor from carrying or possessing a firearm: in or on a means of transportation, in any public place, on any street or highway or on any private property, except private property owned by the minor’s parent, grandparent or guardian.
Minors in violation of the statute may have their firearm seized until the charges have been adjudicated or disposed, are subject to fines ranging from $250 to $500 and may have their driver’s license revoked until they turn 18. A parent or guardian is jointly and severally responsible for any fine imposed for any civil damages resulting from the minor’s unlawful use of a firearm if the court finds that the parent or guardian knew of the minor’s unlawful conduct and made no effort to prohibit it.
There is no anticipated fiscal impact associated with this legislation.
Provisions
1. Allows the court to suspend a juvenile’s right to carry or possess a firearm while the juvenile is within the jurisdiction of the ADJC or the Juvenile Court if the juvenile is adjudicated delinquent for an offense that, if committed by an adult, would be a misdemeanor.
2. Specifies that a person who is adjudicated delinquent for a felony, rather than for either a felony or misdemeanor, does not have the right to carry or possess a gun or firearm.
3. Recodifies statute relating to the unlawful possession of firearms by minors (A.R.S. § 13-3111) and makes the statute applicable to all counties instead of only counties with 500,000 persons or more.
4. Makes conforming changes to the weapons possession statute, specifying that the statute only applies to persons adjudicated delinquent for a felony.
5. Makes technical and other conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Grants, specifically, the court the discretion to suspend a juvenile’s right to carry or possess a firearm.
Amendments Adopted by Committee of the Whole
1. Allows the court to suspend a juvenile’s right to carry or possess a firearm if the juvenile is within the jurisdiction of ADJC or the juvenile court.
2. Makes a conforming change allowing a juvenile adjudicated delinquent for a misdemeanor to seek a restoration of his or her right to carry or possess a firearm.
Amendments Adopted by the House of Representatives
1. Recodifies portions of the section of law pertaining to the unlawful possession of firearms by
minors.
2. Makes technical changes.
Senate Action House Action
JUD 2/13/06 DPA 7-0-1 JUD 3/30/06 DP 7-1-1-0
3rd Read 3/8/06 30-0-0 3rd Read 4/17/06 55-0-5-0
Final Read 4/14/06 27-0-3-0
Signed by the Governor 4/25/06
Chapter 221
Prepared by Senate Research
May 1, 2006
JE/DL/ac