Bill Number: S.B. 1519
Contreras
Floor Amendment
Reference to: COMPS Committee amendment
Amendment
drafted by: Leg. Council
FLOOR
AMENDMENT EXPLANATION
1.
Stipulates
that a person commits unlawful securing of a firearm if a minor obtains
access to a readily dischargeable firearm because the person with criminal
negligence:
a. fails to take steps that a
reasonable person would take to prevent a minor from accessing the firearm,
including placing the firearm in a locked container or temporarily rendering
the firearm inoperable by a trigger lock or other means.
b. leaves the firearm in a
place to which the person knows or should know that the minor would gain
access.
2. A violation of this section
is a class 6 felony, except that if the minor discharges the firearm and causes
the death of or serious physical injury to the minor or another person it is a
class 4 felony.
3. It is an affirmative
defense to a prosecution for a violation of this section if the minor:
a. uses the firearm while
being supervised by a person who is eighteen years of age or older and the use
is for hunting, sporting or another lawful purpose.
b. uses the firearm in the
lawful defense of a person or property.
c. obtains the firearm by
entering into another person's property in violation of this title.
d. uses the firearm while the
person is engaging in an agricultural enterprise.
e. uses the firearm while
engaging in an activity included in Section 13-3111, subsection b.
Page 20, after line 29, insert:
"Sec. 6 Title
13, chapter 31, Arizona Revised Statutes, is amended by adding section 13-3123,
to read:
START_STATUTE13-3123. Unlawful
securing of a firearm; affirmative defense; classification; definitions
A. A
person commits unlawful securing of a firearm if a minor obtains access to a
readily dischargeable firearm because the person with criminal negligence:
1. Fails
to take steps that a reasonable person would take to prevent a minor from
accessing the firearm, including placing the firearm in a locked container or
temporarily rendering the firearm inoperable by a trigger lock or other means.
2. Leaves
the firearm in a place to which the person knows or should know that the minor
would gain access.
B.
It is an affirmative defense to a prosecution for a violation of this section
if the minor:
1. Uses
the firearm while being Supervised by a person who is eighteen years of age or
older and the use is for hunting, sporting or another lawful purpose.
2. Uses
the firearm In the lawful defense of a person or property.
3. Obtains
the firearm by entering into another person's property in violation of this
title.
4. Uses
the firearm while the person is engaging in an agricultural enterprise.
5. Uses
the firearm while engaging in an activity included in section 13‑3111,
subsection B.
C. A
person may not be arrested for a violation of this section until seven days
after the day that the person committed the offense if:
1. The
person is the minor's family member as defined in section 12‑1881.
2. The
minor's discharge of the firearm caused the death of or serious physical injury
to the minor.
D. A
violation of this section is a class 6 felony, except that if the minor
discharges the firearm and causes the death of or serious physical injury to
the minor or another person it is a class 4 felony.
E. For
the purposes of this section:
1. "Minor"
means a person who is under seventeen years of age.
2. "Readily
dischargeable firearm" means a firearm that is loaded with ammunition,
whether or not a round of ammunition is in the chamber."END_STATUTE
Renumber to conform
Amend title to conform