ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
firearms; sovereign authority
Purpose
Includes, in the prohibition relating to the regulation of firearms, any tax, levy, fee or stamp imposed on firearms, firearm accessories or ammunition not common to all other goods and services and that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens.
Background
The Arizona Constitution, in order to protect the people's freedom and to preserve the checks and balances of the U.S. Constitution, allows the state to exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the Arizona Constitution (Ariz. Const. art. 2 § 3).
The state and its political subdivisions may not use any personal or financial resources to enforce, administer or cooperate with any act, law, treaty, order, rule or regulation of the U.S. government that is inconsistent with any Arizona law regarding the regulation of firearms (A.R.S. § 1-272).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Includes, in the prohibition relating to the regulation of firearms, any tax, levy, fee or stamp imposed on firearms, firearm accessories or ammunition not common to all other goods and services and that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens.
2. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2394 exempts the firearm industry from the same basic regulation to which all other industries are accustomed.
House Action Senate Action
JUD 2/1/23 DP 5-3-0-0 GOV 3/8/23 DP 5-3-0
3rd Read 2/21/23 31-29-0 3rd Read 4/12/23 16-14-0
Vetoed by the Governor on 4/18/23
Prepared by Senate Research
April 19, 2023
AN/SB/slp