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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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HB 2322 |
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Introduced by Representatives Friese: Andrade, Bolding, Butler, Fernandez,
Gabaldón, Hernandez D, Pawlik, Peten, Powers Hannley, Rodriguez, Salman,
Sierra, Teller, Terán |
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. 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
acquires 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 and 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.