ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: PSLE DP 13-0-0-2

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HB 2378: juvenile restoration; rights; guns; civil

Sponsor: Representative Hernandez A, LD 20

Caucus & COW

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).

Provisions

1. Lowers the age at which a person who was an adjudicated delinquent for outlined offenses can request for the restoration of the right to possess or carry a firearm from 30 years to 25 years of age. (Sec. 1)

2. Stipulates that a person who was an adjudicated delinquent for any other offense other than the outlined ones cannot request for the restoration of the right to possess or carry a firearm until they:

a) complete any court-ordered conditions;

b) complete the terms of their probation; or

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

3. Removes the timeline restriction for a person who was an adjudicated delinquent for any other offense other than the outlined ones to request the restoration of the right to possess or carry a firearm. (Sec. 1)

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                  HB 2378

Initials MT           Page 0 Caucus & COW

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