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Senate Engrossed
unenforceable federal laws; second amendment |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SENATE BILL 1328 |
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AN ACT
amending Title 1, chapter 2, article 4, Arizona Revised Statutes, by adding section 1-272; relating to SOVEREIGN authority.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 1, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 1-272, to read:
1-272. Sovereign authority; right of the people to keep and bear arms; civil liability; exception; violation; classification
A. Pursuant to the sovereign authority of this state and article II, section 3, Constitution of Arizona:
1. An act, law, treaty, order, rule or regulation of the United States government that violates article II, section 26, CONSTITUTION of Arizona, or Amendment II of the Constitution of the United States is null, void and unenforceable in this state.
2. This state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with any act, law, treaty, order, rule or regulation of the United States government that violates article II, section 26, Constitution of Arizona, or Amendment II of the Constitution of the United States.
B. A government entity, agency, bureau, employee or official of this state or a political subdivision of this state commits an impairment of a citizen's right to bear arms by enforcing or attempting to enforce an act, law, treaty, order, rule or regulation of the United States government that is null, void and unenforceable by this state pursuant to this section.
C. A government entity, agency, bureau, employee or official of this state or a political subdivision of this state that commits an impairment of a citizen's right to bear arms as described in subsection b of this section may be sued by any citizen in superior court for declarative and injunctive relief, damages and attorney fees. sovereign immunity and qualified immunity do not apply to an action pursuant to this subsection.
D. This section does not apply to a special taxing district that operates a federal reclamation project.
E. A person who commits an impairment of a citizen's right to bear arms as described in subsection B of this section is guilty of a class 1 misdemeanor for the first offense and a class 6 felony for each subsequent offense. the court shall impose the maximum fine and sentence for the appropriate classification on a person who is convicted pursuant to this subsection.
Sec. 2. Legislative findings
The legislature finds:
1. The individual rights and liberties afforded citizens of this state under article II, section 26, Constitution of Arizona, are broader in scope and more extensive than those rights protected under the Constitution of the United States.
2. Notwithstanding any federal act, law, rule or regulation that is specifically incorporated by individual reference into the statutes of this state, that federal firearms laws unduly and unlawfully impair the rights of individual citizens to bear arms in defense of themselves or this state and therefore constitute violations of article II, section 26, Constitution of Arizona, and likely unduly and unlawfully infringe on the right of the people to keep and bear arms as guaranteed by amendment II of the Constitution of the United States.
3. That, pursuant to article II, section 2, Constitution of Arizona, it is the duty of all governments to protect and maintain individual rights.
4. That these protections apply to all bearable arms possessed by individual citizens of this state.
5. And instructs all courts to take judicial notice that all forms and configurations of bearable arms, ammunition, ammunition feeding devices and ancillary associated hardware that are legal in this state on the effective date of this act are in common use and are thereby protected under article II, section 26, Constitution of Arizona, and amendment II of the Constitution of the United States.
6. To maintain a level of efficiency, compatibility or suitability for emergency response within this state, that all individual citizens who may be called forth or who are willing to act voluntarily for the defense of this state pursuant to article II, section 26, Constitution of Arizona, must be able to possess arms and be trained in the use of arms of the type suitable to the purpose of defending this state.
7. That, as of the effective date of this act, the Arizona Revised Statutes provide this state and local law enforcement agencies that operate in this state all of the laws that are necessary to identify and punish criminals for the criminal's unlawful use or possession of firearms.
8. That federal laws and regulations that allow for the possession and use of firearms for lawful purposes on federally controlled lands do not impair or infringe on a citizen’s rights.
9. That the federal laws that define who prohibited possessors of firearms are and that are in effect on the effective date of this act do not impair or infringe on a citizen’s rights, so long as those laws are enforced in the manner that the laws were enforced before the effective date of this act.
Sec. 3. Short title
This act may be cited as the "Second Amendment Firearm Freedom Act".