|
REFERENCE TITLE: state guard; firearm; equipment |
|
State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
|
|
HB 2191 |
|
|
|
Introduced by Representative Seel
|
AN ACT
Amending sections 13‑3114 and 26-174, Arizona Revised Statutes; relating to firearms.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3114, Arizona Revised Statutes, is amended to read:
13-3114. Arizona manufactured firearms; regulation; definitions
A. Beginning October 1, 2010, a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in this state and that remains within the borders of this state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce and is not considered to have traveled in interstate commerce.
B. This section applies to a firearm, a firearm accessory or ammunition that is manufactured in this state from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.
C. The importation into this state of a firearm accessory, any generic or insignificant part that has other manufacturing or consumer product applications or any basic materials, including unmachined steel and unshaped wood that is incorporated into, attached to or used in conjunction with a firearm, a firearm accessory or ammunition manufactured in this state, does not subject the firearm, firearm accessory or ammunition to federal regulation.
D. This section does not apply to:
1. A firearm that cannot be carried and used by one person.
2. A firearm that has a bore diameter of more than one and one-half inches and that uses smokeless powder as a propellant.
3. Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.
4. A firearm that discharges two or more projectiles with one activation of the trigger or other firing device is designed to shoot automatically more than one shot, without manual reloading, by a single function of the trigger.
E. A firearm that is manufactured and sold in this state pursuant to this section shall have the words "made in Arizona" clearly stamped on a central metallic part such as the receiver or frame.
F. For the purposes of this section:
1. "Firearm accessory" means an item that is used in conjunction with or mounted on a firearm but that is not essential to the basic function of a firearm, including telescopic or laser sights, magazines, flash suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers and lights for target illumination.
2. "Generic or insignificant part" includes springs, screws, nuts and pins.
3. "Manufactured" means that a firearm, a firearm accessory or ammunition has been created from basic materials for functional usefulness, including forging, casting, machining or other processes for working materials.
Sec. 2. Section 26-174, Arizona Revised Statutes, is amended to read:
26-174. Arizona state guard; establishment; purpose; appropriations; particularly suited firearm or equipment; definition
A. If the national guard of Arizona or a major portion thereof is called into active federal service, or if the national guard or a major portion thereof is alerted for federal service or for any other reason the governor considers to be necessary, the governor may establish an armed force for the safety and protection of the lives and property of the citizens of the state which shall be that is known as the Arizona state guard.
B. The Arizona state guard shall insofar as practicable be is governed by and subject to the laws of the state pertaining to the national guard. The governor shall issue or cause to be issued rules to govern administration and organization of the state guard.
C. Appropriations made to the national guard shall be deemed appropriated to both the national guard and the Arizona state guard, if and when the latter organization is established, and any funds that are unexpended from appropriations to the national guard may be used for establishment and maintenance of the Arizona state guard.
D. To maintain proficiency of arms, a person who is eligible for service in the Arizona state guard pursuant to section 26‑121 may privately purchase, in accordance with all other laws, any particularly suited firearm or equipment. The sale of a particularly suited firearm or equipment for the purpose of maintaining proficiency of arms is lawful within this state. A person who possesses a particularly suited firearm or equipment pursuant to this subsection shall lawfully keep and maintain the firearm or equipment and may lawfully use or transport the firearm or equipment in this state.
E. For the purposes of this section, "particularly suited firearm or equipment" includes:
1. Any semiautomatic handgun that is lawfully possessed by a person who is at least twenty-one years of age, including a semiautomatic handgun with standard military or law enforcement magazine capacities.
2. Any semiautomatic shotgun or pump shotgun, in all barrel lengths except as prohibited by title 13, chapter 31, including a semiautomatic shotgun or pump shotgun with standard military or law enforcement magazine capacities.
3. Any semiautomatic rifle, in all barrel lengths except as prohibited by title 13, chapter 31, including a semiautomatic rifle with standard military or law enforcement magazine capacities and configured with varieties of flash‑hiding devices, pistol grips, vertical foregrips, detachable magazines, bayonet lugs, bayonets, collapsible or folding stocks, carrying slings, aiming systems, lights and any other firearm-mounted equipment in use by the armed forces of the United States or any law enforcement agency in this state.
4. Any full-capacity magazine, ammunition‑feeding device or caliber of ammunition that is compatible with the items set forth in paragraphs 1, 2, and 3 of this subsection, including sufficient quantities of ammunition necessary to maintain a high degree of proficiency of arms and to maintain a ready supply of ammunition if the state guard is established.
5. Any other small arms weapons system, ammunition or equipment that is in use by the armed forces of the United States or any law enforcement agency in this state.