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REFERENCE TITLE: minors; automatic firearms; prohibited |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2371 |
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Introduced by Representatives Steele, Alston, Benally, Bolding, Friese, Wheeler, Senator Dalessandro: Representatives Andrade, Clark, Gabaldón, Gonzales, Hale, Mendez, Meyer, Rios, Saldate, Senators Farley, Hobbs, Quezada
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AN ACT
amending sections 13‑3109 and 13‑3111, 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 13-3109, Arizona Revised Statutes, is amended to read:
13-3109. Sale or gift of firearm to minor; classification
A. Except as provided in subsection C D of this section, a person who sells or gives shall not sell or give to a minor, without written consent of the minor's parent or legal guardian, a firearm, ammunition or a toy pistol by which dangerous and explosive substances may be discharged is guilty of a class 6 felony.
B. A person shall not sell or give to a minor who is under fourteen years of age a firearm that is capable of shooting more than one shot automatically, without manual reloading, by single function of the trigger.
B. C. Nothing in This section shall be construed to does not require reporting sales of firearms, nor shall or require registration of firearms or firearms sales be required.
C. D. The temporary transfer of firearms and ammunition by firearms safety instructors, hunter safety instructors, competition coaches or their assistants shall be allowed if the minor's parent or guardian has given consent for the minor to participate in activities such as firearms or hunting safety courses, firearms competition or training. With the consent of the minor's parent or guardian, the temporary transfer of firearms and ammunition by an adult accompanying minors engaged in hunting or formal or informal target shooting activities shall be allowed for those purposes.
E. A violation of subsection A or B of this section is a class 6 felony.
Sec. 2. Section 13-3111, Arizona Revised Statutes, is amended to read:
13-3111. Minors prohibited from carrying or possessing firearms; exceptions; seizure and forfeiture; penalties; classification
A. Except as provided in subsection B C of this section, an unemancipated person who is under eighteen years of age and who is unaccompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the unemancipated person's parent or guardian, shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property owned or leased by the minor or the minor's parent, grandparent or guardian.
B. A person who is under fourteen years of age shall not knowingly carry or possess on the minor's person, within the minor's immediate control or in or on a means of transportation a firearm that is capable of shooting more than one shot automatically, without manual reloading, by single function of the trigger.
B. C. This Subsection A of this section does not apply to a person who is fourteen, fifteen, sixteen or seventeen years of age and who is any of the following:
1. Engaged in lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
2. Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting.
3. Engaged in lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
4. Engaged in activities requiring the use of a firearm that are related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities.
C. D. If the minor is not exempt under subsection B C of this section and is in possession of a firearm, a peace officer shall seize the firearm at the time the violation occurs.
D. E. In addition to any other penalty provided by law, a person who violates subsection A shall be or b of this section is subject to the following penalties:
1. If adjudicated a delinquent juvenile for an offense involving an unloaded firearm, a fine of not more than two hundred fifty dollars, and the court may order the suspension or revocation of the person's driver license until the person reaches eighteen years of age. If the person does not have a driver license at the time of the adjudication, the court may direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age.
2. If adjudicated a delinquent juvenile for an offense involving a loaded firearm, a fine of not more than five hundred dollars, and the court may order the suspension or revocation of the person's driver license until the person reaches eighteen years of age. If the person does not have a driver license at the time of the adjudication, the court may direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age.
3. If adjudicated a delinquent juvenile for an offense involving a loaded or unloaded firearm, if the person possessed the firearm while the person was the driver or an occupant of a motor vehicle, a fine of not more than five hundred dollars and the court shall order the suspension or revocation of the person's driver license until the person reaches eighteen years of age. If the person does not have a driver license at the time of the adjudication, the court shall direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age. If the court finds that no other means of transportation is available, the driving privileges of the child may be restricted to travel between the child's home, school and place of employment during specified periods of time according to the child's school and employment schedule.
E. F. Firearms seized pursuant to subsection C D of this section shall be held by the law enforcement agency responsible for the seizure until the charges have been adjudicated or disposed of otherwise or the person is convicted. Upon adjudication or conviction of a person for a violation of this section, the court shall order the firearm forfeited. However, the law enforcement agency shall return the firearm to the lawful owner if the identity of that person is known.
F. G. If the court finds that the parent or guardian of a minor found responsible for violating this section knew or reasonably should have known of the minor's unlawful conduct and made no effort to prohibit it, the parent or guardian is jointly and severally responsible for any fine imposed pursuant to this section or for any civil actual damages resulting from the unlawful use of the firearm by the minor.
G. H. This section is supplemental to any other law imposing a criminal penalty for the use or exhibition of a deadly weapon. A minor who violates this section may be prosecuted and adjudicated delinquent for any other criminal conduct involving the use or exhibition of the deadly weapon.
H. I. A person who violates subsection A or B of this section is guilty of a class 6 felony.