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REFERENCE TITLE: firearm sales; transfers; background checks |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2222 |
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Introduced by Representatives Longdon: Austin, Crews, Gutierrez, Ortiz, Pawlik
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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. Before the transfer, both the seller or transferor and the purchaser or transferee must appear in person before a licensed firearms dealer with the firearm in hand and request that the dealer perform a criminal background check on the transferee pursuant to 18 united states code section 922(t) and state and local law, unless the transferee displays a permit that exempts the transferee from the background check.
2. a licensed firearms dealer who agrees to complete a transfer of a firearm under this section shall comply with all requirements of federal and state law as if the dealer were transferring the firearm from the inventory of the dealer to the transferee, including a check of the national instant criminal background check system, if applicable.
3. On completion of the check through the national instant criminal background check system, if the dealer receives notification that the transferee is prohibited by state or federal law from possessing or receiving the firearm, the dealer shall notify the transferor, and both the transferor and the dealer may not transfer the firearm to the transferee.
4. The dealer may require the purchaser or transferee to pay a fee of not more than $20 that covers the administrative costs incurred by the dealer for facilitating the transfer of the firearm, including any applicable fees pursuant to federal, state or local law.
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. The sale or transfer of an antique firearm. For the purposes of this paragraph, "antique firearm" means a firearm or replica of a firearm that was not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and that was 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.
9. 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.
10. 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.