House of
Representatives
HB 2307
Arizona manufactured firearms; regulation
Sponsors: Representatives McLain, Antenori, Ash, et al.
HB 2307 exempts certain Arizona manufactured firearms, firearms accessories and ammunition from federal interstate commerce laws and regulations.
History
Article I, Section 8, Clause 3 of the Constitution of the United States grants Congress the power to “regulate commerce with foreign nations, and among the several states, and with Indian tribes.”
In 2009, the state of Montana enacted the “Montana Firearms Freedom Act” (MFFA), which contains provisions relating to exemptions for certain Montana manufactured firearms, firearms accessories and ammunition. In an open letter from the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) addressed to all Montana federal firearms licensees dated July 16, 2009, BATFE stated that federal law, to include all provisions of the Gun Control Act and National Firearms Act, relating to manufacturing licenses and registration of firearms, respectively, supersedes MFFA. Subsequently, the Montana Shooting Sports Association, Second Amendment Foundation, and Mr. Gary Marbut have filed a joint complaint in the United States District Court for the District of Montana, Missoula Division, which contests the Federal government’s regulatory authority over the provisions within MFFA.
Provisions
· Exempts from federal law or federal regulation, including registration, any firearm, firearm accessory or ammunition that:
Ø Is commercially or privately manufactured in Arizona from basic materials, and that can be manufactured without importing significant parts from out-of-state; and
Ø Remains within the state of Arizona.
· Exempts from federal regulation, any imported firearms accessory, generic or insignificant part or basic materials, that are incorporated into, attached to, or used in conjunction with a firearm, firearm accessory, or ammunition manufactured in Arizona.
· Excludes from exemption, ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm, and any firearm that:
Ø Cannot be carried and used by one person;
Ø Has a bore diameter of more than one and one-half inches and that uses smokeless powder as a propellent; and
Ø Discharges two or more projectiles with one activation of the trigger or firing device.
· Requires that any firearm, which is both manufactured and sold in Arizona, be clearly stamped with the words Made in Arizona on a central metallic component, such as the frame or receiver.
· Defines firearm accessory, generic or insignificant part and manufactured.
· Contains legislative findings derived from the Constitution of the United States and the Constitution of Arizona, pertaining to:
Ø The guaranteed reservation, to the states, of all powers not otherwise enumerated and granted to the federal government or reserved to the people by the United States Constitution;
Ø Intrastate commerce; and
Ø The right of the people to keep and bear arms.
· Has a general effective date of October 1, 2010.
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Forty-ninth Legislature
Second Regular Session 2 February 11, 2010
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