Bill Text: AZ HB2346 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Firearms; sales; transfers; background checks
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-29 - Referred to House PSMRA Committee [HB2346 Detail]
Download: Arizona-2014-HB2346-Introduced.html
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REFERENCE TITLE: firearms; sales; transfers; background checks |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2346 |
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Introduced by Representative Campbell
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AN ACT
amending title 13, chapter 31, Arizona Revised Statutes, by adding section 13-3121; amending title 44, Arizona Revised Statutes, by adding chapter 36; 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 13-3121, to read:
13-3121. Assault weapons; licensed firearm dealer sales or transfers; background checks; classification; definition
A. A person shall not sell or transfer an assault weapon 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 assault weapon 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. The seller or other transferor shall deliver the assault weapon to the dealer who shall retain possession of the assault weapon until all legal requirements for the sale or transfer have been met. The dealer shall process the sale or transfer as if the dealer were the seller or transferor. The dealer shall comply with all requirements of federal, state and local law that would apply if the dealer was the seller or transferor of the assault weapon.
2. The dealer shall conduct a background check on the purchaser or transferee pursuant to 18 United States Code section 922(t) and state and local law. If the transaction is not prohibited, the dealer shall deliver the assault weapon to the purchaser or transferee after all other legal requirements are met.
3. If the dealer cannot legally deliver the assault weapon to the purchaser or transferee, the dealer shall conduct a background check on the seller or transferor pursuant to 18 United States Code section 922(t) and, if the return is not prohibited, return the assault weapon to that person.
4. If the dealer cannot legally return the assault weapon to the seller or transferor, the dealer, within twenty-four hours, shall deliver the assault weapon to the nearest law enforcement agency.
5. The dealer may require the purchaser or transferee to pay a fee of not more than fifty dollars for the administrative costs incurred by the dealer for facilitating the transfer of the assault weapon.
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 an assault weapon as required in the operation of official duties.
3. A gunsmith who receives an assault weapon 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 assault weapon is in the ordinary course of business and not for personal use by the person.
5. A person who is loaned an assault weapon solely for the purpose of target shooting if the loan occurs on the premises of a target shooting facility and the assault weapon is at all times kept within the premises of the target range.
6. A person who is under eighteen years of age and who is loaned an assault weapon for lawful hunting or sporting purposes or for any other lawful recreational activity while under the direct supervision and control of a responsible adult.
7. A person who is at least eighteen years of age and who is loaned an assault weapon while the person is accompanying the lawful owner and using the assault weapon for lawful hunting or sporting purposes or for any other lawful recreational activity.
8. A person who acquired the assault weapon by operation of law on the death of the former owner of the assault weapon within the preceding sixty days. After sixty days, the person shall transfer the assault weapon pursuant to this section or notify the local law enforcement agency of the person's intention to retain possession of the assault weapon.
9. An adult family member of the lawful owner of the assault weapon if the owner resides with the family member but is not currently present in the residence and the family member does not maintain control over the assault weapon for more than fourteen consecutive days. This paragraph does not apply if the owner or the family member knows or has reasonable cause to believe that federal, state or local law prohibits the family member from purchasing or possessing an assault weapon, or the owner knows or has reasonable cause to believe that the family member is likely to use the assault weapon for an unlawful purpose.
D. A person who violates this section is guilty of a class 1 misdemeanor.
E. For the purposes of this section, "assault weapon" means any of the following:
1. A semiautomatic rifle that has the capacity to accept a detachable magazine and that has one or more of the following:
(a) A pistol grip or thumbhole stock.
(b) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand.
(c) A folding or telescoping stock.
(d) A shroud that is attached to the barrel, or that partially or completely encircles the barrel, and that allows the bearer to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel.
2. A semiautomatic pistol or any semiautomatic, centerfire or rimfire rifle with a fixed magazine that has the capacity to accept more than ten rounds of ammunition.
3. A semiautomatic pistol that has the capacity to accept a detachable magazine and that has one or more of the following:
(a) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand.
(b) A folding, telescoping or thumbhole stock.
(c) A shroud that is attached to the barrel, or that partially or completely encircles the barrel, and that allows the bearer to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel.
(d) The capacity to accept a detachable magazine at any location outside of the pistol grip.
4. A semiautomatic shotgun that has one or more of the following:
(a) A pistol grip or thumbhole stock.
(b) Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand.
(c) A folding or telescoping stock.
(d) A fixed magazine capacity in excess of five rounds.
(e) An ability to accept a detachable magazine.
5. A shotgun with a revolving cylinder.
6. A conversion kit, part or combination of parts from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person.
Sec. 2. Title 44, Arizona Revised Statutes, is amended by adding chapter 36, to read:
CHAPTER 36
FIREARM SHOWS
ARTICLE 1. GENERAL PROVISIONS
44-7851. Definitions
In this chapter, unless the context otherwise requires:
1. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or that may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition.
2. "Firearm exhibitor" means any person who exhibits, sells, offers for sale, transfers or exchanges firearms.
3. "Firearm show" means an event sponsored, whether for profit or not, by an individual or a national, state or local organization, association or other entity devoted to the collection, competitive use, sporting use or any other legal use of firearms and includes any building, structure or facility where firearms are offered for sale or transfer and any grounds used in connection with the event. Firearm show also includes an event at which any of the following applies:
(a) Twenty per cent or more of the total number of exhibitors are firearm exhibitors.
(b) Ten or more firearm exhibitors are participating.
(c) A total of twenty-five or more pistols or revolvers are offered for sale or transfer.
(d) A total of fifty or more firearms are offered for sale or transfer.
4. "Firearm show operator" means a person who organizes, produces, sponsors or operates a firearm show.
44-7852. Firearm show operation; signage; national instant criminal background checks; form maintenance
A. During a firearm show, A firearm show operator shall do all of the following:
1. Conspicuously post and maintain signs stating that a national instant criminal background check shall be completed before all firearm sales or transfers. Signs shall be posted at all of the following locations:
(a) All entrances to the firearm show.
(b) All places where admission tickets to the firearm show are sold.
(c) At least four locations within the grounds of the firearm show, not including the places prescribed by subdivisions (a) and (b) of this paragraph.
2. Notify all firearm exhibitors in writing that a national instant criminal background check shall be completed before each firearm sale or transfer.
3. Provide access at the firearm show to a firearm dealer licensed under federal law who is authorized to perform a national instant criminal background check if the seller or transferor of a firearm is not authorized to conduct a national instant criminal background check. The firearm show operator shall do either of the following:
(a) Require a firearm exhibitor who is a firearm dealer licensed under federal law and who is authorized to conduct a national instant criminal background check to provide the check at cost.
(b) Designate a location at the firearm show where the firearm dealer prescribed by subdivision (a) of this paragraph will be present to perform the check.
B. A firearm dealer licensed under federal law who performs a national instant criminal background check pursuant to subsection A, paragraph 3 of this section shall provide the seller or transferor of the firearm with a copy of the United States department of the treasury, bureau of alcohol, tobacco and firearms form ATF f 4473 and the dealer shall maintain the form and make the form available for inspection by law enforcement agencies for a period of ten years.
44-7853. Violation; civil penalty; enforcement
A. Except as provided in section 44-7854, a person who knowingly violates this chapter is subject to a civil penalty of not more than ten thousand dollars per violation.
B. The attorney general shall enforce this chapter.
44-7854. Sales of firearms at firearm shows; violation; classification
A. If a person sells or transfers a firearm at a firearm show, the person shall:
1. Only sell to a person who has had a national instant criminal background check conducted pursuant to section 44-7852.
2. Comply with 18 United States Code section 922(t).
B. A person shall not offer or agree to sell or transfer a firearm to another person at a firearm show and transfer or deliver the firearm to the person or a person acting on the person's behalf at a location other than the firearm show for the purpose of avoiding compliance with this section.
C. A person who knowingly violates this section is guilty of a class 1 misdemeanor.
