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REFERENCE TITLE: firearm sales;
transfers; background checks |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2546 |
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Introduced by Representatives Longdon: Bolding, Butler, Cano, Chávez,
Fernandez, Friese, Hernandez D, Jermaine, Salman, Teller, Terán, Senators
Alston, Bradley, Steele |
AN ACT
amending title
13, chapter 31, Arizona Revised Statutes, by adding section 13-3123; relating
to firearms.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 31, Arizona Revised Statutes, is amended by adding section 13-3123, to read:
13-3123. 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 not require the
purchaser or transferee to pay a fee for facilitating the transfer of the
firearm.
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 not designed or redesigned for using rim fire or conventional center
fire ignition with fixed ammunition and 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.