Page 20, after line 29, insert:
"Sec. 6. Title
13, chapter 31, Arizona Revised Statutes, is amended by adding section 13-3123,
to read:
START_STATUTE13-3123. Licensed
firearm dealer sales or transfers; background checks; exceptions; classification
A. A
person may not sell or transfer a firearm unless the person is a licensed
firearms dealer, the purchaser or transferee is a licensed firearms dealer or a
licensed firearms dealer facilitates the transfer pursuant to subsection B of
this section.
B. If
neither party to a prospective firearms sale or transfer is a licensed firearms
dealer, the parties to the transaction shall complete the sale or transfer
through a licensed firearms dealer in the following manner:
1. The
seller or other transferor shall deliver the firearm to the dealer who shall
retain possession of the firearm until all legal requirements for the sale or
transfer have been met. The dealer shall process the sale or
transfer as if the dealer were the seller or transferor. The dealer shall
comply with all requirements of federal, state and local law that would apply
if the dealer was the seller or transferor of the firearm.
2. The
dealer shall conduct a background check on the purchaser or transferee pursuant
to 18 United States Code section
922(t) and state and
local law. If the transaction is not prohibited, the dealer shall deliver the
firearm to the purchaser or transferee after all other legal requirements are
met.
3. If
the dealer cannot legally deliver the firearm to the purchaser or transferee,
the dealer shall conduct a background check on the seller or transferor
pursuant to 18 United States Code section 922(t) and, if the return is not prohibited, return the firearm to that
person.
4. If
the dealer cannot legally return the firearm to the seller or transferor, the
dealer, within twenty-four hours, shall deliver the firearm to the nearest law
enforcement agency.
5. The
dealer may require the purchaser or transferee to pay a fee of not to exceed
twenty dollars that covers the administrative costs incurred by the dealer for
facilitating the transfer of the firearm, including any applicable fees
pursuant to federal, state or local law.
C. This
section does not apply to any of the following:
1. A
law enforcement agency in this state, the state department of corrections and
any peace officer or corrections officer who is acting within the course and
scope of the officer's employment or official duties.
2. A
United States marshal, a member of the armed forces of the United States or the
national guard or a federal official transferring or receiving a firearm as
required in the operation of official duties.
3. A
gunsmith who receives a firearm solely for the purpose of service or repair.
4. A
common carrier, warehouseman or other person who is engaged in the business of
transportation or storage, to the extent that the receipt of any firearm is in
the ordinary course of business and not for personal use by the person.
5. A
person who is loaned a firearm solely for the purpose of target shooting if the
loan occurs on the premises of a shooting range and the firearm is at all times
kept within the premises of the shooting range.
6. A person who is
under eighteen years of age, who is loaned a firearm for lawful hunting or
sporting purposes or for any other lawful recreational activity and who is
allowed to possess a firearm pursuant to section 13‑3111.
7. A
person who is at least eighteen years of age and who is loaned a firearm while
the person is accompanying the lawful owner and using the firearm for lawful
hunting or sporting purposes or for any other lawful recreational activity.
8. A
person who is not a prohibited possessor and who acquired the firearm by
operation of law on the death of the former owner of the firearm.
9. The
sale or transfer of an antique firearm. For the purposes of this paragraph,
"antique firearm" means a firearm or replica of a firearm that was
not designed or redesigned for using rim fire or conventional center fire
ignition with fixed ammunition and that was manufactured in or before 1898,
including any matchlock, flintlock, percussion cap or similar type of ignition
system and also any firearm using fixed ammunition manufactured in or before
1898, for which ammunition is no longer manufactured in the United States and
is not readily available in the ordinary channels of commercial trade.
10. A
firearm transfer that is a bona fide gift between any combination of immediate
family members. For the purposes of this paragraph, "immediate
family members" means spouses, domestic partners, parents, children,
siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts
and uncles.
11. A
temporary transfer of a firearm if the transfer is necessary to prevent
imminent death or great bodily harm to the person to whom the firearm is
transferred and if both of the following apply:
(a) The temporary transfer only lasts as long as immediately necessary to
prevent the imminent death or great bodily harm.
(b) The person to whom the firearm is transferred is not prohibited from
possessing a firearm under state or federal law.
D. A
person who violates this section is guilty of a class 5 felony." END_STATUTE
Renumber to conform
Amend title to conform
Bill
Number: S.B. 1519