ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: JUDE DP 4-2-1-0 | 3rd Read 17-10-3-0

House: PSLE DP 7-6-1-1

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


SB 1053: wildlife; firearms discharge; structures; distance

Sponsor: Senator Rogers, LD 7

Caucus & COW

Overview

Allows the discharge of a shotgun or archery equipment from a distance greater than one-eighth mile of an occupied building without the owner's permission.

History

It is unlawful for a person to discharge a firearm while taking wildlife within one-fourth mile of an occupied building without the owner or resident's consent. Private landowners or lessees who desire to prohibit hunting on heir lands without permission must post that such lands are closed to hunting using notices or signboards. The notices or signboard must meet all of the following: 1) be at least 8 inches by 11 inches with plain legible wording in capital and bold-faced lettering at least 1 inch high; 2) contain the words no trespassing and no hunting; 3) be conspicuously placed on a structure or post at all points of vehicular access, at all property or fence corners and at intervals of not more than one-fourth mile along the property boundary (A.R.S. §§ 17-304 and 17-309).

Provisions

1.   Allows the discharge of a shotgun from a distance greater than one-eighth mile of an occupied building without the owner or resident's permission. (Sec. 3)

2.   Prohibits the discharge of archery equipment while taking wildlife within one-eighth mile of an occupied building without the owner or resident's permission. (Sec. 3)

3.   States that there is a presumption that a discharge of a firearm or archery equipment within the outlined applicable limits is without consent. (Sec. 3)

4.   Permits the presumption to be rebutted by evidence that the owner or occupant granted any of the following;

a)   written consent for hunting or for the discharge of a firearm or archery equipment on the property on a form with specified information;

b)   verbal consent for hunting or for the discharge of a firearm or archery equipment on the property; or

c) posted consent by posting a sign on a conspicuous location notifying the public that hunting or the discharge of a firearm or archery equipment is allowed on the property. (Sec. 3)

5.   Removes a county's ability to adopt an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure without the owner's consent. (Sec. 1)

 

6.   Defines pertinent terms. (Sec. 3)

7.   Makes technical and conforming changes. (Sec. 1, 2, 3 and 4)

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11.                    SB 1053

12.  Initials MT           Page 0 Caucus & COW

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