 |
Article II, § 26 of the Arizona Constitution states: "The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men." In addition, Arizona Revised Statutes Annotated § 12-714 states that the legislature has found that "[t]he citizens of this state have the right, under . . . article II, § 26 of the Arizona Constitution, to keep and bear arms."
Arizona courts have held that the constitutional right to "bear arms" is qualified and subject to reasonable regulation by the state in its exercise of police power. In Dano v. Collins, 802 P.2d 1021 (Ariz. Ct. App. 1990), the Arizona Court of Appeals rejected an art. II, § 26 challenge to a state statute, Arizona Revised Statutes Annotated § 13-3102(A)(1), (2), which at that time prohibited the carrying of concealed weapons. The court noted that art. II, § 26 does not grant "an absolute right to bear arms under all situations," and emphasized that an individual's right to bear arms in self-defense must be balanced with the state's duty, under its police power, to make reasonable regulations to protect the health, safety and welfare of its citizens. Dano, 802 P.2d at 1022-24.
Similarly, in State v. Moerman, 895 P.2d 1018, 1022 (Ariz. Ct. App. 1994), the court rejected an art. II, § 26 challenge to the former ban on concealed weapons, holding that the right to bear arms is not absolute but qualified and the ban "regulates only the manner in which individuals may exercise their right to bear arms. . ." The court stated that, while the ban "may limit this right, it neither frustrates nor impairs it." Id.
The Attorney General of Arizona has opined that section 13-3112, which now requires persons to attend a training class and obtain a concealed weapons permit before carrying a concealed weapon, also does not infringe on the right to bear arms. Op. Ariz. Att’y Gen. I98-005, 1998 Ariz. AG LEXIS 5 (July 8, 1998).
In State v. Noel, 414 P.2d 162 (Ariz. Ct. App. 1966), the court held a statute prohibiting a felon from possessing a pistol does not violate art. II, § 26. Citing Noel, the Supreme Court of Arizona, in State v. Rascon, 519 P.2d 37 (Ariz. 1974), held that prohibiting a convicted felon from having a firearm under his or her control as a condition of probation does not violate the right to bear arms.
Lastly, in City of Tucson v. Rineer, 971 P.2d 207 (Ariz. Ct. App. 1998) the court rejected an art. II, § 26 challenge to an ordinance that prohibited the use or possession of firearms within city parks, holding that the ordinance was a reasonable exercise of a city's police power.
|
|
Arizona Revised Statutes Annotated § 13-3108 provides in pertinent part:
A. Except as
provided in subsection C of this section, a political subdivision of
this state shall not enact any ordinance, rule or tax relating to
the transportation, possession, carrying, sale, transfer or use of
firearms or ammunition or any firearm or ammunition components in
this state.
B. A political subdivision of this state
shall not require the licensing or registration of firearms or
ammunition or any firearm or ammunition components or prohibit the
ownership, purchase, sale or transfer of firearms or ammunition or
any firearm or ammunition components.
Subsection (C) of
section 13-3108 permits political subdivisions to enact and enforce firearms regulations that:
Impose privilege and use taxes on the retail sale, lease or rental of, or the gross proceeds or gross income from the sale, lease or rental of, firearms or ammunition or their components at a rate that applies generally to other items of tangible personal property; Requiring that a minor who knowingly possesses or carries a firearm in any place that is in or open to the public or on any street or highway or on private property (except private property owned or leased by the minor or the minor's parent, grandparent or guardian) to be accompanied by a parent, grandparent, guardian or certified hunter or firearms safety instructor acting with the consent of a parent, grandparent, or guardian. Any ordinance or rule adopted pursuant to this provision shall not apply to ordinances that relate to minors age 14 through 17 engaged in lawful hunting or shooting events, including transportation of an unloaded firearm for such purposes, and for activities related to agricultural work; -
Regulate the use of land and structures, including firearms or ammunition-related businesses or shooting ranges, in the same manner as other commercial businesses (but see § 17-602(A), which states that outdoor shooting range noise standards are a matter of statewide concern). This provision does not authorize a political subdivision to regulate the sale or transfer of firearms on property it owns, leases, operates or controls in a manner that is different than or inconsistent with state law. For the purposes of this provision, a use permit or other contract that provides for the use of property owned, leased, operated or controlled by a political subdivision shall not be considered a sale, conveyance or disposition of property;
Regulate employees or independent contractors of the political subdivision who are acting within the course and scope of their employment or contract; Limit firearms possession in certain parks or preserves, or areas within parks or preserves, to persons who possess state-issued concealed weapons permits, provided that notice is posted in accordance with section 13-3108(C)(5). These limitations do not apply to persons engaged in permitted firearms or hunting safety courses taught by a certified instructor, to persons at supervised firing ranges or hunting areas, permitted shooting events, or permitted firearms shows, to persons legally transporting, carrying, storing or possessing a firearm in a vehicle, or to persons traveling to or from an area where they were lawfully engaged in hunting, marksmanship practice or recreational shooting; and Limit or prohibit the discharge of firearms in parks and preserves. Narrow exceptions exist to this area of regulation, including the discharge of firearms on properly supervised ranges, in recommended hunting areas, to control nuisance wildlife, if in possession of a special permit issued by the chief law enforcement officer of the political subdivision, if working as an animal control officer, or in self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force was necessary.
The Attorney General of Arizona has opined that state law would preempt an ordinance generally prohibiting the carrying of a firearm outside one’s own real property. Op. Ariz. Att’y Gen. I78-274, 1978 Ariz. AG LEXIS 16 (Nov. 3, 1978).
In City of Tucson v. Rineer, 971 P.2d 207 (Ariz. Ct. App. 1998), the court rejected a section 13-3108(A) challenge to a Tucson ordinance that prohibits the use or possession of firearms within city parks. The court rejected the argument that the statute occupies the entire field of firearms regulation, stating that while the statute prohibits political subdivisions from enacting certain firearm-related ordinances, the statute "is specific in its prohibitions" and had the legislature intended that the statute preclude all local regulation of possessing or carrying weapons, it would have expressly said so. Rineer, 971 P.2d at 210. The court also found that the provisions in section 13-3108(B) would be superfluous if section 13-3108(A) precluded all local firearms regulation. Rineer, 971 P.2d at 210. The legislature responded to the court’s holding in Rineer in 2000 by enacting sub-section (C) of section 13-3108, which permits municipalities to limit firearm possession in certain parks, provided that notice is posted in accordance with section 13-3108(C)(5).
The court of appeals again rejected a section 13-3108 challenge to a local firearm-related regulation in McMann v. City of Tucson, 47 P.3d 672 (Ariz. Ct. App. 2002). In McMann, gun show promoters argued that section 13-3108 preempted a Tucson regulation requiring, as a condition of the promoter's use permit, instant background checks for prospective gun purchasers at gun shows held at the Tucson Convention Center (TCC). McMann, 47 P.3d at 674. The court held that the legislature did not clearly intend to preempt Tucson from requiring background checks on prospective firearms purchasers at events held at the TCC. Id. at 678.
The court explained that while the state legislature preempted cities like Tucson from using their police power to enact any ordinance or rule regulating the sale of firearms, it did not preempt those cities from acting as proprietors to impose conditions on the use of their commercial property, even when the conditions relate to sale of firearms. Id. at 675. The court emphasized that the sale or disposition of property is solely a matter of local concern to charter cities like Tucson, with which the state legislature may not interfere, and that operation of a convention center is a constitutionally-permitted business activity. Id. at 676. The court reasoned that, since section 13-3108 did not prohibit a private property owner from requiring a promoter to institute a system of background checks in order to allow firearms to be sold on his or her property, the statute did not prohibit Tucson from instituting the same system regarding its convention center. McMann, 47 P.3d at 676. The court also pointed out that the legislature placed section 13-3108 in the criminal code, rather than in the title relating to cities and towns in general, indicating that the legislature only intended to preempt local criminal ordinances. Id. at 677. Lastly, the court noted that section 13-3102 explicitly allows municipalities to completely prohibit firearms in public establishments, indicating that municipalities retain the more limited right to impose conditions on the presence of firearms in public establishments. Id. at 677-678.
Following the McMann case, the Legislature amended section 13-3108(C)(3), which permits local jurisdictions to regulate the land and structures of firearms and ammunition-related businesses in the same manner as other commercial businesses. The following provision was added in 2003:
Notwithstanding any other law, [section 13-3108(C)(3)] does not authorize a political subdivision to regulate the sale or transfer of firearms on property it owns, leases, operates or controls in a manner that is different than or inconsistent with state law. For the purposes of [section 13-3108(C)(3)], a use permit or other contract that provides for the use of property owned, leased, operated or controlled by a political subdivision shall not be considered a sale, conveyance or disposition of property.
Section 17-602(A) states that outdoor shooting range noise standards are a matter of statewide concern, and provides that city, town, county and any other state noise standards are preempted as applied to outdoor shooting ranges. Section 17-605(A) states that compliance with Arizona Revised Statutes Annotated Title 17, Chapter 6, Article 1 is an affirmative defense to any civil liability or claim for equitable relief arising from any allegation regarding noise or noise pollution from an outdoor shooting range.
Arizona Revised Statutes Annotated § 13-3108(B) provides that no political subdivision of this state shall "require the licensing or registration of firearms or ammunition or any firearm or ammunition components. . . ." Similarly, section 13-3109, which prohibits the transfer of firearms to minors, states that the registration of firearms or firearm sales shall not be required.
Finally, Arizona Revised Statutes Annotated § 12-714(A) states that "[a] political subdivision of this state shall not commence a qualified civil liability action in any Arizona court" against a firearms manufacturer or seller. See the Arizona Immunity Statutes/Manufacturer Litigation section for further information.
Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
|
|
|
For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
|
|
|
No
relevant statutes currently exist.
|
 |
|
Federal
law generally requires that licensed firearms dealers conduct
a background check on all prospective firearms purchasers to
ensure that such persons are not prohibited from buying or
possessing a firearm. This background check requirement and
the National Instant Criminal Background Check System (“NICS”)
were enacted through the Brady Handgun Violence Prevention
Act, pursuant to Public Law 103-159, and codified at
18
U.S.C. § 921 et seq. Federal law defines a number
of classes of prohibited purchasers (including felons,
fugitives, persons adjudicated as “mental defectives” or those
committed to mental institutions), and leaves to the states
the power to determine additional classes. (For a complete
list of federally prohibited purchasers, click
here.)
Under the
Brady Act, states have the option of serving as a “state point
of contact” and conducting their own background checks using
NICS and state informational records and databases, or having
the checks performed by the FBI using only NICS. Federal law
does not require that private sellers (persons other than
firearms dealers) conduct background checks on prospective
purchasers.
In Arizona, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). In addition, Arizona has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Under Arizona Revised Statutes Annotated §§ 13-3102(A)(4) and 13-3101(A)(6), Arizona prohibits possession of a firearm by any person who:
-
Has been found to constitute a danger to himself or herself or others pursuant to court order under section 36-540, and whose court-ordered treatment has not been terminated by court order;
-
Has been convicted within or outside of Arizona of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a firearm has not been restored;
Is at the time of possession serving a term of imprisonment in any correctional or detention facility; Is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under Title 31, Chapter 3, Article 4; or Is a prohibited possessor under 18 U.S.C. § 922(g)(5), except as provided by 18 U.S.C. § 922(y).
In addition, pursuant to section 13-3113, any person who was previously adjudicated delinquent for an offense that would be a felony if committed by an adult, and who possesses, uses or carries a firearm within ten years from the date of his or her adjudication or release or escape from custody is criminally liable for a class 5 felony for a first offense and a class 4 felony for a second or subsequent offense if the person was previously adjudicated for an offense that, if committed as an adult, would constitute:
-
Burglary in the first degree;
Burglary in the second degree; Arson; Any
felony offense involving the use or threatening exhibition
of a deadly weapon or dangerous instrument; or A serious offense as defined in section 13-604.
Section 13-904 states that a conviction for a felony suspends the person’s right to possess a gun or firearm. A person who is adjudicated delinquent under section 8-341 for a felony also does not have the right to carry or possess a gun or firearm. Id.
If a juvenile is adjudicated delinquent for an offense that if committed by an adult would be a misdemeanor, the court may prohibit the juvenile from carrying or possessing a firearm while the juvenile is under the jurisdiction of the department of juvenile corrections or the juvenile court. Section 8-341(R) (as amended by 2006 Ariz. Sess. Laws. ch. 221, § 1.)
Unless he or she is otherwise authorized by law, a person is guilty of a class 2 felony if he or she knowingly conveys a firearm to a person confined in a correctional facility. Section 13-2505. Such persons are prohibited from possessing firearms. Id. The same is true of persons confined in a secure care facility under the jurisdiction of the department of juvenile corrections. Section 13-2514.
Section 13-3111 generally prohibits the possession of a firearm by a person under 18. See the Arizona Minimum Age to Purchase/Possess section for further details.
An emergency order of protection (which a court may issue if a peace officer states that a person is in immediate and present danger based on a recent incident of domestic violence) may prohibit the defendant from possessing or purchasing a firearm for the duration of the order. Section 13-3624(D)(4).
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed weapons permit holders in Arizona are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Arizona Carrying Firearms section.
Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Arizona, although federal and state purchaser prohibitions still apply. See the Arizona Private/Secondary Sales section.
|
 |
|
No relevant statutes currently exist.
|
 |
|
Possession Restrictions
Pursuant to Arizona Revised Statutes Annotated § 13-3102(A)(11)-(13), no person (except for certain law enforcement, military or correctional personnel, see section 13-3102(C)), may carry firearms:
Into an election polling place on the day of any election; In a nuclear or hydroelectric generating station; or On school grounds (except, under § 13-3102(I), when possessing a firearm: 1) that is not loaded and that is carried within a means of transportation under the control of an adult, provided that if the adult leaves that means of transportation the firearm shall not be visible from the outside and the means of transportation shall be locked; or 2) for use on the school grounds in a program approved by a school). Section 15-341(A)(25) also requires the governing board of a school district to prescribe and enforce policies and procedures prohibiting weapons on school grounds without specific authorization from the school administrator.
No person may carry firearms into any "public establishment," or while attending any "public event," after a reasonable request to remove the weapon and place it in the custody of the operator of the establishment or sponsor of the event for temporary and secure storage. Section 13-3102(A)(10). "Public establishment" means a structure, vehicle or craft owned, leased or operated by the state or a political subdivision. Section 13-3102(L)(1). "Public event" means an event of limited duration conducted by a public entity or a private entity with a permit or license granted by a public entity. Section 13-3102(L)(2). Unless the operator or sponsor is licensed to manufacture, sell, or deal in liquor, the storage shall be readily accessible on entry and allow for the immediate retrieval of the weapon on exit from the establishment or event. Section 13-3102.01.
In addition, Arizona prohibits any person from possessing a firearm while on the licensed premises of an alcoholic beverage retailer, knowing such possession is prohibited. Section 4-244(29). This prohibition does not apply to peace officers, the licensee, an employee of the licensee acting with the licensee's permission, hotel or motel guests, or to the exhibition or display of a firearm in conjunction with a meeting, show, class or similar event. Id. Neither does the paragraph include a situation in which a person is on licensed premises for a limited time to seek emergency aid and who does not buy, receive, consume, or possess spirituous liquor. Id.
A person not authorized by law, who takes a firearm into a jail or the grounds belonging or adjacent thereto, is guilty of a class 5 felony. Section 31-129. Unless he or she is otherwise authorized by law, a person is guilty of a class 2 felony if he or she knowingly takes a firearm onto the grounds of a correctional facility, or a secure care facility under the jurisdiction of the department of juvenile corrections. Section 13-2505; section 13-2514. A person is also guilty of a class 2 felony if he or she possesses a firearm while confined in such a correctional facility or secure care facility. Id.
State administrative regulations govern firearms in:
Transportation of Firearms
Under Arizona Revised Statutes Annotated § 13-3102(A)(2) and (J), a person commits a class 1 misdemeanor by knowingly carrying a concealed deadly weapon (including a firearm; see § 13-3101) within his or her immediate control while in or on a means of transportation without a permit issued under section 13-3112. Section 13-3102(A)(2) does not apply to a weapon carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation. Section 13-3102(F).
No firearms shall be carried in the body of any vehicle transporting explosives unless the loading of the firearms and explosives comply with Department of Transportation regulations. Ariz. Admin. Code § 11-1-242(A).
A school bus driver or passenger shall not carry a firearm on, or transport a firearm in, a school bus as defined by school-district policy. Ariz. Admin. Code § 17-9-104(D)(20).
Concealed Weapons Licensing Requirements
Arizona is a "shall issue" state, meaning that the Arizona Department of Public Safety ("DPS") must issue a permit to carry a concealed weapon if the applicant meets certain qualifications. Pursuant to Arizona Revised Statutes Annotated § 13-3112(E), DPS shall issue a permit to an applicant who:
-
Is an Arizona resident or United States citizen;
-
Is age 21 or older;
-
Is not under indictment for
and has not been convicted in any jurisdiction of a felony;
-
Does not suffer from mental
illness and has not been adjudicated mentally incompetent or
committed to a mental institution;
-
Is not unlawfully present in
the United States; and
-
Satisfactorily completes a firearms safety training program approved by DPS under section 13-3112(O). The firearms safety training requirement does not apply to certain active and retired peace officers and detention officers. Section 13-3112(E)(6), (X).
Section 13-3112(O) requires approved firearms safety training programs to address the following topics:
-
Legal issues relating to the
use of deadly force;
-
Weapon care and maintenance;
-
Mental conditioning for the
use of deadly force;
-
Safe handling and storage of
weapons;
-
Marksmanship; and
Judgmental shooting.
The fee for a concealed weapons permit is $43. Ariz. Admin. Code § 13-9-102. See Arizona Revised Statutes Annotated § 13-3112(A)-(D), (F)-(H), (N)-(R) and Arizona Administrative Code §§ 13-9-101—13-9-402 for additional application and background check requirements, as well as permit suspension or disqualification information.
Under Arizona Revised Statutes Annotated § 13-3102(A)(1), a person commits misconduct involving weapons (a class 1 misdemeanor; see § 13-3102(J)) by knowingly carrying a deadly weapon concealed on his or her person without a permit per section 13-3112. Section 13-3102(A)(1) does not apply to a weapon carried in a belt holster which is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons which is wholly or partially visible, or carried in luggage. Under section 13-3102(A)(2), a person commits misconduct involving weapons by knowingly carrying a deadly weapon without a permit per section 13-3112 concealed within the immediate control of any person in or on a means of transportation. Deadly weapons explicitly include firearms. Section 13-3102(F). Section 13-3102(A)(2) shall not apply to a weapon carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation. Id.
Disclosure or Use of Information
Arizona does not allow the personal application or permit information of concealed weapons permit holders to be made public. Ariz. Rev. Stat. Ann. § 13-3112(J). DPS does, however, maintain a computerized permit record system that is accessible to criminal justice agencies for the purpose of confirming the permit status of any person who claims to hold a valid permit issued in Arizona. Id. This information and any other records that are maintained regarding applicants, permit holders, or firearms safety instructors are not available to any other person or entity except by order from a state or federal court. Id.
DPS is also required to maintain information comparing the number of permits requested, issued, and denied, and must report these figures annually to the governor and the legislature. Section 13-3112(S).
Duration & Renewal
A concealed weapons permit is valid for five years. Ariz. Rev. Stat. Ann. § 13-3112(I). Permits are renewable for four-year periods, but applicants must undergo a new criminal history record check. Section 13-3112(L).
Location Limits
Concealed weapons permit holders are subject to generally applicable limits on the locations where firearms may be carried. Please see the Arizona Possession Restrictions section above for further information.
Reciprocity
Arizona recognizes concealed weapon, firearm, or handgun permits or licenses issued by other states if the permit or license is recognized as valid in the issuing state, and the permit or license holder:
Is not an Arizona resident; Is legally present in Arizona; and Is not legally prohibited from possessing a firearm in Arizona.
Ariz. Rev. Stat. Ann. § 13-3112(U).
However, even when the requirements of section 13-3112(U) are met, the person with a concealed weapons permit from another state may not carry a concealed weapon in Arizona if the person is under 21 years of age, or is under indictment for, or has been convicted of, a felony in any jurisdiction, even if the person’s rights have been restored and the conviction has been expunged, set aside or vacated. Section 13-3112(W).
Arizona will enter into a written reciprocity agreement with another state if that state requires the agreement for establishing mutual permit or license recognition. Section 13-3112(V).
Brady Exemption
Concealed weapons permit holders in Arizona are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Arizona Background Checks section.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
Arizona does not license firearms dealers. Firearms dealers are, however, subject to state laws governing gun sales generally. See the Arizona Private/Secondary Sales section for further information. Pursuant to the federal Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Arizona Background Checks section.
Pawnbrokers are required to maintain at their place of business records of all reportable transactions and pawn tickets for at least two years. Ariz. Rev. Stat. Ann. § 44-1624(G). On request by a local law enforcement agent in the course of the agent’s duties, the pawnbroker must allow the agent to inspect the receipts, pawn tickets or required alcohol, tobacco and firearms logs or to review any article received by pledge, purchase or trade. Id. Furthermore, pawnbrokers must produce their register, exhibit all articles received in pledge or purchase, or produce the account of sales to a local law enforcement agency on the agency’s request, or on service of a search warrant or order issued by a judge or magistrate. Section 44-1624(H). A pawnbroker shall not enter into any pawn transaction or good faith outright purchase of a firearm that has the manufacturer’s serial number removed, altered or obliterated. Section 44-1624(C).
Federally Licensed Firearms Dealers
There are approximately 1,199 federally licensed firearms dealers and pawnbrokers in Arizona. Federal firearms licensee totals for Arizona as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
|
 |
|
See the Arizona Private/Secondary Sales section for state laws that apply at gun shows.
|
 |
|
Arizona Revised Statutes Annotated § 12-714(A) states that "[a] political subdivision of this state shall not commence a qualified civil liability action in any Arizona court."
"Qualified civil liability action" is defined as "a civil action brought by a political subdivision against a manufacturer or seller of a qualified product or a trade association, for damages resulting from the criminal or unlawful misuse of a qualified product by a third party." Section 12-714(C)(2). This does not include an action brought against a transferor convicted under 18 U.S.C. § 924(h) or Arizona Revised Statutes Annotated § 13-3102(A)(14) by a party directly harmed by the conduct of which the transferee is convicted. Section 12-714(C)(2).
Under section 12-714(C)(3), "qualified product" means a non-defective firearm as defined in 18 U.S.C. § 921(a)(3) or non-defective ammunition as defined in 18 U.S.C. § 921(a)(17), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. "Seller" includes a person who, in the course of a business conducted for that purpose, is involved in placing a qualified product in the stream of commerce. Ariz. Rev. Stat. Ann. § 12-714(C)(4). "Seller" also includes a person who repairs or maintains any aspect of a qualified product. Id.
Finally, Arizona provides an affirmative defense to any civil liability or claim for equitable relief arising from any allegation regarding noise or noise pollution that results from owning, operating or using an outdoor shooting range to the entity or individual owning, operating or using the range in compliance with Arizona Revised Statutes Annotated Title 17, Chapter 6, Article 1. Section 17-605(A).
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
Arizona Revised Statutes Annotated § 13-3108(B) provides that no political subdivision of this state shall "require the licensing or registration of firearms or ammunition or any firearm or ammunition components. . . ." No other relevant statutes currently exist.
|
 |
|
In order to be listed with the state’s child care resource and referral system, an unlicensed child care provider must separately store firearms and ammunition under lock and key or combination lock. Ariz. Rev. Stat. Ann. § 41-1967.01(I).
An administrative regulation requires a certified family child care home provider to store firearms and ammunition separately from one another, under lock and key or combination lock. Ariz. Admin. Code § 6-5-5203(5). Similar regulations apply to:
|
 |
|
Arizona Revised Statutes Annotated § 13-3111(A) prohibits an unemancipated person under 18 years of age from knowingly carrying or possessing a firearm on his person, within his immediate control, or in or on a means of transportation, 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) unless that person is accompanied 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. This prohibition does not apply to a person who is 14 to 17 years of age and who is:
Engaged in lawful hunting or shooting events or marksmanship practice at an established range or other area where the discharge of a firearm is not prohibited; Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting; 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 a shooting event or marksmanship practice at an established range or other area where the discharge of a firearm is not prohibited; or Engaged in an activity requiring the use of a firearm that is related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities.
Section 13-3111(B). If the parent or guardian of the minor knew or should have known of the minor’s unlawful conduct and made no effort to prohibit it, the parent or guardian is jointly and severally liable for the fine imposed or any civil damages resulting from the minor’s use of the firearm. Section 13-3111(F). While a prior version of section 13-3111 which only applied in certain counties was declared to be an unconstitutional "local law" in In Re Cesar R., 4 P.3d 980 (Ariz. Ct. App. 1999), the statute was amended in 2006 to apply in all counties. 2006 Ariz. Sess. Laws ch. 221, § 4.
Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Dealers are prohibited from selling or delivering other firearms (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is under the age of 21. Id.
Federal law provides less stringent age restrictions with respect to sales by unlicensed persons. Unlicensed persons generally may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(x)(1), (3) and (5). Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person.
Arizona prohibits any person from selling or giving a firearm or ammunition or a toy pistol from which dangerous and explosive substances may be discharged to a minor (defined by Ariz. Rev. Stat. Ann. § 1-215(22) as a person under 18) without written consent of the minor’s parent or legal guardian. Section 13-3109(A).
The prohibition under section 13-3109(A) does not apply to the temporary transfer of firearms and ammunition by firearms safety instructors, hunter safety instructors, or competition coaches or their assistants, 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. Section 13-3109(C). 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. Id.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
No
relevant statutes currently exist.
|
 |
|
Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Arizona, although federal and state purchaser prohibitions still apply. No person may knowingly sell or transfer a deadly weapon to a prohibited possessor (defined under § 13-3101(A)(6)). Ariz. Rev. Stat. Ann. § 13-3102(A)(5). See the Arizona Background Checks section for further information.
A person is criminally liable for the crime of “misconduct involving weapons” if he or she knowingly supplies, sells or gives possession or control of a firearm to another person, if the seller or transferor knows or has reason to know that the other person would use the firearm in the commission of any felony. Section 13-3102(A)(14).
Arizona prohibits any person from selling or giving a firearm or ammunition or a toy pistol from which dangerous and explosive substances may be discharged to a minor (defined as a person under age 18; see § 1-215(22)), without written consent of the minor’s parent or legal guardian. Section 13-3109(A).
This prohibition
does not apply to the temporary transfer of firearms and
ammunition by firearms safety instructors, hunter safety
instructors, competition coaches or their assistants, 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.
Section
13-3109(C). 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. Id.
|
 |
|
Arizona Revised Statutes Annotated § 13-3108(B) provides that no political subdivision of this state shall "require the licensing or registration of firearms or ammunition or any firearm or ammunition components. . . ." Similarly, section 13-3109, which prohibits the transfer of firearms to minors, states that nothing within the statute shall be construed to require firearm sales reporting, nor shall registration of firearms or firearm sales be required.
|
 |
|
No relevant statutes currently exist.
|
|
