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REFERENCE TITLE: firearm sales;
transfers; background checks |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HCR 2018 |
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Introduced by Representatives Friese: Andrade, Bolding, Butler, Chávez,
Fernandez, Gabaldón, Hernandez A, Hernandez D, Longdon, Pawlik, Peten, Powers
Hannley, Rodriguez, Salman, Sierra, Teller, Terán |
A CONCURRENT RESOLUTION
enacting and
ordering the submission to the people of a measure relating to FIREARMS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to firearms, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
AMENDING TITLE 13, CHAPTER 31, ARIZONA
REVISED STATUTES, BY ADDING SECTION 13‑3123; RELATING TO FIREARMS.
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. Licensed firearm dealer sales or
transfers; background checks; exceptions; classification
A. A person may not sell or
transfer a firearm 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 firearms 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 firearm to the dealer who shall retain possession of the
firearm 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 firearm.
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 firearm to the purchaser or transferee
after all other legal requirements are met.
3. If the dealer cannot legally
deliver the firearm 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 firearm to that person.
4. If the dealer cannot legally
return the firearm to the seller or transferor, the dealer, within twenty-four
hours, shall deliver the firearm to the nearest law enforcement agency.
5. The dealer may require the
purchaser or transferee to pay a fee of not more than $20 that covers the
administrative costs incurred by the dealer for facilitating the transfer of
the firearm, including any applicable fees pursuant to federal, state or local law.
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 a firearm as required in the
operation of official duties.
3. A gunsmith who receives a
firearm 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 firearm is in the ordinary course of business
and not for personal use by the person.
5. A person who is loaned a firearm
solely for the purpose of target shooting if the loan occurs on the premises of
a shooting range and the firearm is at all times kept within the premises of
the shooting range.
6. A person who is under eighteen
years of age, who is loaned a firearm for lawful hunting or sporting purposes
or for any other lawful recreational activity and who is allowed to possess a
firearm pursuant to section 13‑3111.
7. A person who is at least
eighteen years of age and who is loaned a firearm while the person is
accompanying the lawful owner and using the firearm for lawful hunting or
sporting purposes or for any other lawful recreational activity.
8. A person who is not a prohibited
possessor and who acquired the firearm by operation of law on the death of the
former owner of the firearm.
9. The sale or transfer of an
antique firearm. For the purposes of
this paragraph, "antique firearm" means a firearm or replica of a
firearm that was not designed or redesigned for using rim fire or conventional
center fire ignition with fixed ammunition and that was manufactured in or
before 1898, including any matchlock, flintlock, percussion cap or similar type
of ignition system and also any firearm using fixed ammunition manufactured in
or before 1898, for which ammunition is no longer manufactured in the United
States and is not readily available in the ordinary channels of commercial
trade.
10. A firearm transfer that is a bona fide gift between any combination of
immediate family members. For the purposes of this paragraph,
"immediate family members" means spouses, domestic partners, parents,
children, siblings, grandparents, grandchildren, nieces, nephews, first
cousins, aunts and uncles.
11. A temporary transfer of a
firearm if the transfer is necessary to prevent imminent death or great bodily
harm to the person to whom the firearm is transferred if both of the following
apply:
(a) The temporary
transfer only lasts as long as immediately necessary to prevent the imminent
death or great bodily harm.
(b) The person to whom the firearm is
transferred is not prohibited from possessing a firearm under state or federal
law.
D. A person who violates this
section is guilty of a class 5 felony.
2. The Secretary of
State shall submit this proposition to the voters at the next general election
as provided by article IV, part 1, section 1, Constitution of Arizona.