Virginia Gun Grab hits AZ

[Doc]

Time to start calling the offices of Senators Rios: Alston, Bradley, Contreras, Dalessandro, Gonzales, Mendez, Navarrete, Otondo, Peshlakai, Quezada, Steele

SB1625 - 542R - I Ver


SB1625

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. Unlawful manufacture, import, possession, purchase, sale or transfer of assault weapons or large capacity magazines; applicability; registration; civil liability; fees; classification; definitions
A. A PERSON, CORPORATION OR OTHER ENTITY MAY NOT MANUFACTURE, IMPORT, POSSESS, PURCHASE, SELL OR TRANSFER ANY ASSAULT WEAPON OR LARGE CAPACITY MAGAZINE.
B. SUBSECTION A OF THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:
1. A GOVERNMENT OFFICER, AGENT OR EMPLOYEE, A MEMBER OF THE ARMED FORCES OF THE UNITED STATES OR A PEACE OFFICER TO THE EXTENT THAT THE PERSON IS OTHERWISE AUTHORIZED TO ACQUIRE OR POSSESS AN ASSAULT WEAPON OR LARGE CAPACITY MAGAZINE, OR BOTH, AND DOES SO WHILE ACTING WITHIN THE SCOPE OF THE PERSON'S DUTIES.
2. THE MANUFACTURE OF AN ASSAULT WEAPON OR LARGE CAPACITY AMMUNITION FEEDING DEVICE BY A FIREARMS MANUFACTURER FOR THE PURPOSE OF SALE TO ANY BRANCH OF THE ARMED FORCES OF THE UNITED STATES OR TO A LAW ENFORCEMENT AGENCY IN THIS STATE FOR USE BY THAT BRANCH OR AGENCY OR THE BRANCH'S OR AGENCY'S EMPLOYEES IF THE MANUFACTURER IS PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAWS.
3. THE SALE OR TRANSFER OF AN ASSAULT WEAPON OR LARGE CAPACITY AMMUNITION FEEDING DEVICE BY A DEALER THAT IS PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAWS TO ANY BRANCH OF THE ARMED FORCES OF THE UNITED STATES OR TO A LAW ENFORCEMENT AGENCY IN THIS STATE FOR USE BY THAT BRANCH OR AGENCY OR THE BRANCH'S OR AGENCY'S EMPLOYEES FOR LAW ENFORCEMENT PURPOSES.
C. A PERSON WHO WAS LEGALLY IN POSSESSION OF AN ASSAULT WEAPON OR LARGE CAPACITY MAGAZINE ON THE EFFECTIVE DATE OF THIS SECTION AND WHO DOES ANY OF THE FOLLOWING WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION IS NOT SUBJECT TO PROSECUTION:
1. REMOVES THE ASSAULT WEAPON OR LARGE CAPACITY MAGAZINE FROM THIS STATE.
2. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE.
3. SURRENDERS THE ASSAULT WEAPON OR LARGE CAPACITY MAGAZINE TO THE APPROPRIATE LAW ENFORCEMENT AGENCY FOR DESTRUCTION.
4. IF ELIGIBLE, REGISTERS THE ASSAULT WEAPON AS PROVIDED IN SUBSECTION D OF THIS SECTION.
D. TO REGISTER AN ASSAULT WEAPON THAT A PERSON LEGALLY POSSESSED BEFORE THE EFFECTIVE DATE OF THIS SECTION, THE PERSON MUST COMPLY WITH THE FOLLOWING REQUIREMENTS:
1. SUBMIT TO A BACKGROUND CHECK CONDUCTED BY THE APPROPRIATE LAW ENFORCEMENT AGENCY TO CONFIRM THAT THE PERSON IS NOT A PROHIBITED PURCHASER UNDER 18 UNITED STATES CODE SECTION 922 OR A PROHIBITED POSSESSOR PURSUANT TO SECTION 13‑3101.
2. UNLESS THE PERSON IS CURRENTLY PROHIBITED BY LAW FROM POSSESSING A FIREARM, IMMEDIATELY REGISTER THE ASSAULT WEAPON WITH THE APPROPRIATE LAW ENFORCEMENT AGENCY.
3. SAFELY AND SECURELY STORE THE ASSAULT WEAPON PURSUANT TO THE RULES ADOPTED BY THE DEPARTMENT OF PUBLIC SAFETY.
4. ANNUALLY RENEW THE REGISTRATION, SUBJECT TO COMPLETING A NEW BACKGROUND CHECK.
5. POSSESS THE ASSAULT WEAPON ONLY:
(a) ON PROPERTY THAT THE PERSON OWNS OR IMMEDIATELY CONTROLS.
(b) WHILE ON THE PREMISES OF A LICENSED GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR.
(c) WHILE ENGAGED IN THE LEGAL USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE.
(d) WHILE TRAVELING TO OR FROM LOCATIONS LISTED IN THIS PARAGRAPH IF THE ASSAULT WEAPON IS STORED UNLOADED IN A LOCKED CONTAINER DURING TRANSPORT. FOR THE PURPOSES OF THIS SUBDIVISION, LOCKED CONTAINER DOES NOT INCLUDE THE UTILITY COMPARTMENT, GLOVE COMPARTMENT OR TRUNK OF A MOTOR VEHICLE.
6. REPORT THE LOSS OR THEFT OF A REGISTERED ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT AGENCY WITHIN FORTY‑EIGHT HOURS AFTER THE LOSS OR THEFT IS DISCOVERED OR SHOULD HAVE BEEN DISCOVERED.
E. IF A REGISTERED ASSAULT WEAPON IS USED IN THE COMMISSION OF A CRIME, THE REGISTERED OWNER IS CIVILLY LIABLE FOR ANY DAMAGES RESULTING FROM THAT CRIME. THE LIABILITY IMPOSED BY THIS SUBSECTION DOES NOT APPLY IF THE ASSAULT WEAPON WAS STOLEN AND THE REGISTERED OWNER REPORTED THE THEFT OF THE FIREARM TO A LAW ENFORCEMENT AGENCY AS PRESCRIBED IN SUBSECTION D, PARAGRAPH 6 OF THIS SECTION.
F. REGISTERED ASSAULT WEAPONS MAY NOT BE PURCHASED, SOLD OR TRANSFERRED, EXCEPT THAT A REGISTERED ASSAULT WEAPON MAY BE TRANSFERRED TO A LICENSED GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR OR TO AN APPROPRIATE LAW ENFORCEMENT AGENCY FOR THE PURPOSE OF SURRENDERING THE ASSAULT WEAPON FOR DESTRUCTION. AN ASSAULT WEAPON THAT IS POSSESSED IN VIOLATION OF THIS SECTION MAY BE DESTROYED UNLESS A COURT OR A COUNTY OR CITY ATTORNEY FINDS OR THE UNITED STATES DEPARTMENT OF JUSTICE DECLARES THAT PRESERVING THE ASSAULT WEAPON IS IN THE INTERESTS OF JUSTICE.
G. A PERSON WHO ACQUIRES AN ASSAULT WEAPON BY INHERITANCE, BEQUEST, OR SUCCESSION SHALL DO ONE OF THE FOLLOWING WITHIN NINETY DAYS AFTER ACQUIRING TITLE:
1. MODIFY THE ASSAULT WEAPON TO RENDER THE WEAPON PERMANENTLY INOPERABLE.
2. SURRENDER THE ASSAULT WEAPON TO THE DEPARTMENT OF PUBLIC SAFETY FOR DESTRUCTION.
3. TRANSFER THE ASSAULT WEAPON TO A FIREARMS DEALER WHO IS PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAWS.
H. THE REGISTERED OWNER OF AN ASSAULT WEAPON MAY NOT PURCHASE ADDITIONAL ASSAULT WEAPONS.
I. A LAW ENFORCEMENT AGENCY MAY CHARGE A FEE DETERMINED BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FOR EACH REGISTRATION AND REGISTRATION RENEWAL PURSUANT TO SUBSECTIONS C AND D OF THIS SECTION.
J. A PERSON WHO VIOLATES THIS SECTION IS GUILTY:
1. OF A CLASS 1 MISDEMEANOR FOR A FIRST VIOLATION THAT INVOLVES ONLY THE POSSESSION OF AN ASSAULT WEAPON OR LARGE CAPACITY MAGAZINE AND, NOTWITHSTANDING SECTION 13‑802, THE PERSON SHALL PAY A FINE OF AT LEAST $750.
2. OF A CLASS 5 FELONY FOR A SECOND OR SUBSEQUENT VIOLATION THAT INVOLVES ONLY THE POSSESSION OF AN ASSAULT WEAPON OR LARGE CAPACITY MAGAZINE AND, NOTWITHSTANDING SECTION 13‑801, THE PERSON SHALL PAY A FINE OF AT LEAST $2,500.
3. OF A CLASS 4 FELONY FOR ANY OTHER VIOLATION OF THIS SECTION AND, NOTWITHSTANDING SECTION 13‑801, THE PERSON SHALL PAY A FINE OF AT LEAST $5,000.
K. FOR THE PURPOSES OF THIS SECTION:
1. "ASSAULT WEAPON":
(a) MEANS A SEMIAUTOMATIC RIFLE THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE.
(b) MEANS A SEMIAUTOMATIC PISTOL OR ANY SEMIAUTOMATIC CENTERFIRE RIFLE WITH A FIXED MAGAZINE THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN ROUNDS OF AMMUNITION.
(c) MEANS A SEMIAUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AND THAT HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
(i) ANY FEATURE CAPABLE OF FUNCTIONING AS A PROTRUDING GRIP THAT CAN BE HELD BY THE NONTRIGGER HAND.
(ii) A FOLDING, TELESCOPING OR THUMBHOLE STOCK.
(iii) 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, EXCLUDING A SLIDE THAT ENCLOSES THE BARREL.
(iv) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION OUTSIDE OF THE PISTOL GRIP.
(d) MEANS A SEMIAUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:
(i) A PISTOL GRIP OR THUMBHOLE STOCK.
(ii) ANY FEATURE CAPABLE OF FUNCTIONING AS A PROTRUDING GRIP THAT CAN BE HELD BY THE NONTRIGGER HAND.
(iii) A FOLDING OR TELESCOPING STOCK.
(iv) A FIXED MAGAZINE CAPACITY THAT CARRIES MORE THAN FIVE ROUNDS.
(v) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE.
(e) MEANS A SHOTGUN WITH A REVOLVING CYLINDER.
(f) INCLUDES 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.
(g) DOES NOT INCLUDE ANY FIREARM THAT HAS BEEN MADE PERMANENTLY INOPERABLE.
2. "FIXED MAGAZINE" MEANS AN AMMUNITION FEEDING DEVICE CONTAINED IN, OR PERMANENTLY ATTACHED TO, A FIREARM IN SUCH A MANNER THAT THE DEVICE CANNOT BE REMOVED WITHOUT DISASSEMBLY OF THE FIREARM ACTION.
3. "LARGE CAPACITY MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE WITH THE CAPACITY TO ACCEPT MORE THAN TEN ROUNDS BUT DOES NOT INCLUDE ANY OF THE FOLLOWING:
(a) A FEEDING DEVICE THAT HAS BEEN PERMANENTLY ALTERED SO THAT IT CANNOT ACCOMMODATE MORE THAN TEN ROUNDS.
(b) A TWENTY-TWO CALIBER TUBE AMMUNITION FEEDING DEVICE.
(c) A TUBULAR MAGAZINE THAT IS CONTAINED IN A LEVER ACTION FIREARM.

[Elk34]

WTF when did this happen again

[Doc]

WTF when did this happen again

Happened recently.

https://www.azleg.gov/legtext/54leg/2R/ ... B1625P.htm

[Basher]

Yep, thanks for sharing over on the Hide, too! :-/ Time to get serious about some things!

[YNOTAZ]

Call your AZ reps and join AZCDL. Or we get Californicated or Bloomigated.

[vvalter_vvhite]

I just learned about this on FB, and it was posted in a gardening group. This s*** should never been passed. When are going to rally ? Count me in!

[storage_man]

Call your AZ reps and join AZCDL. Or we get Californicated or Bloomigated.

This is what gets to me. This bill was filed back at the end of January (I believe there was a similar bill last year). All one has to do is go to the AZCDL Web site and find it. https://www.azcdl.org/html/bill_tracking.html. Its been there a while. If one would Join the AZCDL, you would be aware of it the minute it hit the books. When and if this gets to the proper committee, the AZCDL will let you know to get busy.

Its no different than any other State bill. It may never get heard. Depends on the push. Remember the house & state senate majority are still in republicans hands, (Remember that when it comes time to Vote for your state reps), as long as they control what gets proposed and reviewed, its nothing burger. We need to get busy if it becomes a real burger !

[knockonit]

disappointing for sure, not like a lot of us have not mentioned the azcdl.org more than a zillion times, and well they do have a banner on site, but wtf, easier to ask and whine, lol

anyhowz, i quit reminding folks you'd think their 25.00 is the last nickle in their pocket, and in reality one really doesn't have to be a member to find out the info.
oh well, hope the boys down there are ready for a squabble with the politicians, looks like a bumper crop of stupid this year
Rj

[YNOTAZ]

Yeah, I think the Dems feel emboldened by all the Dem advertising for presidential primaries and how each of the candidates is going to issue more draconian gun legislation than the other. The state reps seem to be drinking the same water.

We need to protect AZ being Bloomigated or Californicated.

[Pale Rider]

Bloomturd has struck again. He's going state by state paying off the local parasites and bringing the pre written anti gun bills with him to introduce into the pipeline. Fully expected this. He's openly admitted that he's going to spend billions (whatever it takes) to disarm the U.S.

[Pale Rider]

A few of his facts are off, but this made me laugh. Make sure you watch till the end (clip from death wish).

[Boriqua]

and well they do have a banner on site,

I looked for the banner after you told me there was one on the site. The banner at the bottom of the page is damn near worthless unless you have your screen set to a very very high resolution and can see the entire site page or for some reason want to scroll through a bunch of garbage to see it.

if you land on the main page you can look through all the forums and then come to "who is online" "statistics" and then a huge block of text "activity over the last 24 hours.

Why would anyone scroll through all that to get to the bottom of the page.

While that information might be interesting to someone else .. if I hit the end of the forum categories I move on and would never and have never seen the banner at the very bottom of the page.

Now .. I am kind of done with Local gun boards since they are more nonsense than information or things of interest so I check in once or twice a day and Immediately click "New topics."

I read 2 or three post .. and move on. I use an admittedly small screen because it wont break and give me an excuse to buy a new one but .. I never see the banner.

If I click a topic .. at the bottom ... where most normal people just move to a new topic there is "quick reply" then "Similar Topics" then "Who is online" .. and then the banner.


Never ever make it that far down. When I read the last post in the thread, if I am not going to reply ..I move to the next one and the banner never appears on the screen.

I am sure it cost more to get the banner at the top but .. that banner is completely unavoidable. No matter what link you click in your travels through the forum the top banner shows up.

I dont know if it is worth the extra cost to AZCDL or if you have someones ear and can convince them it may be worth the extra cost but .. the banner on the bottom does not serve them well. I have visited a few times a day since the new site is up and until you made note that there was a banner .. I never saw it on my screen.

Now people being to cheap to kick in $30 and follow up on their emails .. I cant help or offer advice on that one. While i have no chains here in AZ and can simply move to another state in 2 years the truth is .. it will grow state by state and if anyone is concerned about their rights .. well you have to put your foot down somewhere!

[knockonit]

bummer, as i always look at the sponsors of all sites, to see if i can use money locally.

[Boriqua]

bummer, as i always look at the sponsors of all sites, to see if i can use money locally.

I agree RJ and its an awesome idea .. I just would never have known that the banner was there! While I like to shop local and especially like to shop local one off craftsmen or independent guys offering services ... I wont go searching a page for banners .. especially on a site I just hit and run on.

Still ... I know you have been a vocal and Wallet supporting member of the AZCDL forever. Maybe you can make a deal for the top of the page??

[knockonit]

lol, its a matter of choices, and with as many supporters as there are that mention the organization, its a choice by members the excuse of i didn't know doesn't fly with me, and its no consequence to others,what i think, but can say , they have done well, much better than any other organization for Arizona citizens. of course just my opinion though
thanks for the consideration
Rj