ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2617: juvenile restoration of civil rights

Sponsor: Representative Hernandez A, LD 20

Committee on Military Affairs & Public Safety

Overview

Lowers thresholds for the juvenile restoration of firearm rights subsequent to a juvenile felony criminal conviction.

History

Minors convicted of delinquency are restricted from applying for the right to possessing a firearm until certain conditions are met, dependent on the type of crime. Delinquents convicted of dangerous offenses, serious offenses, second-degree burglary or arson are prohibited from applying until the age of 30. Delinquents convicted of any other felony offense are prohibited from applying until two years after release (A.R.S. § 8-249).

Dangerous offenses are offenses involving the discharge, use or brandishing of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person (A.R.S. § 13-105).

Serious offenses are any of the following: 1) First-degree murder; 2) Second-degree murder; 3) Manslaughter; 4) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument; 5) Sexual assault; 6) Any dangerous crime against children; 7) Arson of an occupied structure; 8) Armed robbery; 9) First-degree burglary; 10) Kidnapping; 11) Sexual conduct with a minor under fifteen years of age; and 12) Child sex trafficking (A.R.S. § 13-706).

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProvisions

1.   Lowers the age that a delinquent convicted — of dangerous offenses, serious offenses, second-degree burglary or arson — must attain, before the restoration of the right to possess a firearm, from 30 to 25 years old. (Sec. 1)

2.   Changes the requirements for a delinquent convicted of any other felony to possess a firearm, from two years after release, to doing any of the following:

a)   Completing any court-ordered conditions;

b)   Completing a term of probation; or

c) Being discharged from the Department of Juvenile Corrections. (Sec. 1)

 

 

 

 

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                        HB 2617

Initials NM/TM         Page 0 Military Affairs & Public Safety

 

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