Bill Text: AZ HB2691 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Firearm sales; reporting; inspections
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-02-10 - Referred to House JUD Committee [HB2691 Detail]
Download: Arizona-2011-HB2691-Introduced.html
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REFERENCE TITLE: firearm sales; reporting; inspections |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2691 |
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Introduced by Representatives Miranda R, Tovar
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AN ACT
amending title 41, chapter 12, article 2, Arizona Revised Statutes, by adding section 41‑1725; amending section 42‑5005, Arizona Revised Statutes; relating to firearms transactions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41‑1725, to read:
41‑1725. High caliber firearm sales; reporting; database; definitions
A. A person who sells three or more high caliber firearms to another person shall report the sale and the purchaser's name to the department of public safety.
B. This section does not apply to any of the following:
1. An antique firearm.
2. A pistol that would otherwise fall within the definition of high caliber firearm and that is designed expressly for use in olympic target shooting events, is sanctioned by the international olympic committee and by USA Shooting, the national governing body for international shooting competition in the United States, and is used for olympic target shooting purposes on the effective date of this section. For the purposes of this paragraph, "pistol" includes the following:
Manufacturer Model Caliber
benelli MP90 .22LR
benelli MP90 .32 S&W long
benelli MP95 .22LR
benelli MP95 .32 S&W long
hammerli 280 .22LR
hammerli 280 .32 S&W long
hammerli SP20 .22LR
hammerli SP20 .32 S&W long
pardini GPO .22 short
pardini GP-schumann .22 short
pardini HP .32 S&W long
pardini MP .32 S&W long
pardini SP .22LR
pardini SPE .22LR
walther GSP .22LR
walther GSP .32 S&W long
walther OSP .22 short
walther OSP-2000 .22 short
C. The department of public safety shall maintain a computerized record system that contains the information received pursuant to subsection A. The record system shall be accessible to criminal justice agencies for the purpose of investigating and enforcing the laws of this state and the United States. This information shall not be available to any other person or entity except on an order from a state or federal court.
D. The department of public safety shall adopt rules for the purpose of implementing and carrying out the provisions of this section and exempting new models of competitive pistols that would otherwise be a high caliber firearm as defined in this section from being classified as a high caliber firearm. The exempt competitive pistols may be based on recommendations by USA shooting consistent with the regulations contained in the USA shooting official rules or may be based on the recommendation or rules of any other organization that the department deems relevant.
E. For the purposes of this section:
1. "Antique firearm" means any firearm manufactured before January 1, 1899.
2. "Capacity to accept more than ten rounds" means capable of accommodating more than ten rounds but does not include a feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.
3. "High caliber firearm" means:
(a) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(i) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(ii) A thumbhole stock.
(iii) A folding or telescoping stock.
(iv) A grenade launcher or flare launcher.
(v) A flash suppressor.
(vi) A forward pistol grip.
(b) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than ten rounds.
(c) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(d) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(i) A threaded barrel that is capable of accepting a flash suppressor, forward handgrip or silencer.
(ii) A second handgrip.
(iii) A shroud that is attached to, or partially or completely encircles, the barrel and that allows the bearer to fire the weapon without burning his hand, except a slide that encloses the barrel.
(iv) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(e) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than ten rounds.
(f) A semiautomatic shotgun that has both of the following:
(i) A folding or telescoping stock.
(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock or vertical handgrip.
(g) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(h) Any shotgun with a revolving cylinder.
Sec. 2. Section 42‑5005, Arizona Revised Statutes, is amended to read:
42-5005. Privilege licenses; revocation; inspection; violation; classification
A. Every person who receives gross proceeds of sales or gross income upon which a privilege tax is imposed by this article, desiring to engage or continue in business, shall make application to the department for a privilege license accompanied by a fee of twelve dollars. Such licenses shall be effective indefinitely. Such person shall not engage or continue in business until the person has obtained a privilege license.
B. If the applicant is not in arrears in payment of any tax imposed by this article, the department shall issue a license authorizing the applicant to engage and continue in such business, upon the condition that the applicant complies with this article. The license number shall be continuous.
C. The privilege license shall not be transferable upon a change of ownership or change of location of the business. For the purposes of this subsection:
1. "Location" means the business address appearing in the application for the license and on the privilege license.
2. "Ownership" means any right, title or interest in the business.
3. "Transferable" means the ability to convey or change the right or privilege to engage or continue in business by virtue of the issuance of the privilege license.
D. When the ownership or location of a business upon which a privilege tax is imposed by this article has been changed within the meaning of subsection C of this section, the licensee shall surrender the license to the department. The license shall be reissued to the new owners or for the new location upon application by the taxpayer and payment of the twelve dollar fee.
E. A person engaged in or conducting a business in two or more locations or under two or more business names shall procure a license for each location or business name. This requirement shall not be construed as conflicting with section 42‑5020.
F. If a person violates this article or any rule adopted under this article, the department upon hearing may revoke any privilege license issued to the person. The department shall provide ten days' written notice of the hearing, stating the time and place and requiring the person to appear and show cause why the license or licenses should not be revoked. The department shall provide written notice to the person of the revocation of the license. The notices may be served personally or by mail pursuant to section 42‑5037. After revocation, the department shall not issue a new license to the person unless the person presents evidence satisfactory to the department that the person will comply with this article and with the rules adopted under this article. The department may prescribe the terms under which a revoked license may be reissued.
G. The department shall inspect and review the business records of a person who is licensed pursuant to this section under the retail classification and who sells firearms to the public if the department becomes aware that the person cannot account for each firearm sold by the person.
G. A person who violates any provision of this section is guilty of a class 3 misdemeanor.
