Assigned to JUD                                                                                                          AS PASSED BY THE SENATE

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

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.

Background

            Section 13-904, Arizona Revised Statutes, 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).

            Section 13-3101, Arizona Revised Statutes, defines a person adjudicated delinquent as a “prohibited possessor” that is barred from carrying or possessing a gun or firearm.  Statute defines a prohibited possessor as someone who has been found to constitute a danger to himself or to others, who has been convicted of a felony or adjudicated delinquent, who is at the time of possession serving a term of imprisonment in any correctional or detention facility or who is at the time of possession serving a term of probation or parole for a domestic violence offense or a felony offense.  In addition, A.R.S. § 13-3113 holds that a person adjudicated delinquent is guilty of a felony if the person uses or carries a firearm within ten years from the date of his or her release from custody. 

            Statute stipulates that only 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).  Adults 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. 

            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 of misdemeanor, does not have the right to carry or possess a gun or firearm.

3. Makes conforming changes to the weapons possession statute, specifying that the statute only applies to persons adjudicated delinquent for a felony.

4. Makes technical and other conforming changes.

5. 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.

Senate Action

JUD                 2/13/06     DPA     7-0-1

3^rd Read           3/8/06                    30-0-0

Prepared by Senate Research

March 14, 2006

JE/DL/ac