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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
Arizona manufactured; modified firearms
Purpose
Asserts that a personal firearm, a firearm accessory or ammunition that is modified in Arizona and that remains within the borders of Arizona is not subject to federal law or federal regulation.
Background
Current statute asserts that a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Arizona and that remains within the borders of Arizona is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce and is not considered to have traveled in interstate commerce. The importation into Arizona of a firearm accessory, any generic or insignificant part that has other manufacturing or consumer product applications or any basic materials, including unmachined steel and unshaped wood that is incorporated into, attached to or used in conjunction with a firearm, firearm accessory or ammunition manufactured in Arizona, does not subject the firearm, firearm accessory or ammunition to federal regulation (A.R.S. § 13-3114).
The exemption from federal regulation does not apply to certain firearms
including: 1) a firearm that cannot be carried and used by one person; 2) a
firearm that has a bore diameter of more than one and one-half inches and that
uses a smokeless powder as propellant; 3) ammunition with a projectile that
explodes using an explosion of chemical energy after the projectile leaves the
firearm; or 4) a firearm that discharges two or more projectiles with one
activation of the trigger or other firing device. A firearm that is
manufactured and sold in Arizona must have the words made in Arizona
clearly stamped on a central metallic part such as the receiver or frame (A.R.S.
§ 13-3114).
A firearm accessory means an item that is used in conjunction with or mounted on a firearm but that is not essential to the basic function of a firearm, including telescopic or laser sights, magazines, flash suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers and lights for target illumination. Manufactured means that a firearm, a firearm accessory or ammunition has been created from basic materials for functional usefulness, including forging, casting, machining or other processes for working materials (A.R.S. § 13-3114).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Asserts that a personal firearm, a firearm accessory or ammunition that is modified in Arizona and that remains within the borders of Arizona is not subject to federal law or federal regulation.
2. Asserts that a firearm, a firearm accessory or ammunition that is modified in Arizona from basic materials that can be modified without the inclusion of any significant parts imported from another state is not subject to federal law or federal regulation.
3. Requires a firearm that is manufactured and sold in Arizona to have the words modified in Arizona clearly stamped on a central metallic part such as the receiver or frame, if applicable.
4. Defines modified as a modification that is made to a firearm, a firearm accessory or ammunition by a qualified gunsmith.
5. Makes technical changes.
6. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2544 would limit the ability for federal law makers and federal law enforcement agencies to enact regulations that promote public safety, and could lead to ambiguity and confusion when state and federal laws diverge.
House Action Senate Action
JUD 2/15/23 DP 5-3-0-0 JUD 3/23/23 DP 4-3-0
3rd Read 3/1/23 31-28-1 3rd Read 5/9/23 16-14-0
Vetoed by the Governor 5/16/23
Prepared by Senate Research
May 23, 2023
ZD/SB/sr