Arizona HB 2247: prohibited weapon; bump-fire device; accessory.

Bill Text

HB2247 - 541R - I Ver 

 REFERENCE TITLE: prohibited weapon; 
 bump-fire device; accessory.

 State of 
 Arizona

 House of 
 Representatives

 Fifty-fourth 
 Legislature

 First Regular 
 Session

 2019

 HB 2247

 Introduced by 

 Representatives Friese: Cano, Gabald�n, Hernandez A, Hernandez D, 
 Longdon, Pawlik, Powers Hannley, Rodriguez, Sierra, Ter�n, Senator 
 Dalessandro

AN ACT

amending section 
13‑3101, Arizona Revised Statutes; relating to weapons.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-3101, Arizona Revised 
Statutes, is amended to read:

START_STATUTE13-3101. Definitions

A. In this chapter, unless the context otherwise 
requires:

1. "Deadly weapon" means anything that is 
designed for lethal use.� The term includes a firearm.

2. "Deface" means to remove, alter or 
destroy the manufacturer's serial number.

3. "Explosive" means any dynamite, 
nitroglycerine, black powder, or other similar explosive material, including 
plastic explosives.� Explosive does not include ammunition or ammunition 
components such as primers, percussion caps, smokeless powder, black powder and 
black powder substitutes used for hand loading purposes.

4. "Firearm" means any loaded or unloaded 
handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is 
designed to expel or may readily be converted to expel a projectile by the 
action of an explosive. Firearm does not include a firearm in permanently 
inoperable condition.

5. "Improvised explosive device" means a 
device that incorporates explosives or destructive, lethal, noxious, 
pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure, 
terrify or harass.

6. "Occupied structure" means any 
building, object, vehicle, watercraft, aircraft or place with sides and a floor 
that is separately securable from any other structure attached to it, that is 
used for lodging, business, transportation, recreation or storage and in which 
one or more human beings either are or are likely to be present or so near as 
to be in equivalent danger at the time the discharge of a firearm occurs.� 
Occupied structure includes any dwelling house, whether occupied, unoccupied or 
vacant.

7. "Prohibited possessor" means any 
person:

(a) Who has been found to constitute a danger to 
self or to others or to have a persistent or acute disability or grave 
disability pursuant to court order pursuant to section 36‑540, and whose 
right to possess a firearm has not been restored pursuant to section 13‑925.

(b) Who has been convicted within or without this 
state of a felony or who has been adjudicated delinquent for a felony and whose 
civil right to possess or carry a gun or firearm has not been restored.

(c) Who is at the time of possession serving a term 
of imprisonment in any correctional or detention facility.

(d) Who 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 4.1.

(e) Who is an undocumented alien or a nonimmigrant 
alien traveling with or without documentation in this state for business or 
pleasure or who is studying in this state and who maintains a foreign residence 
abroad.� This subdivision does not apply to:

(i) Nonimmigrant aliens who possess a valid hunting 
license or permit that is lawfully issued by a state in the United States.

(ii) Nonimmigrant aliens who enter the United States 
to participate in a competitive target shooting event or to display firearms at 
a sports or hunting trade show that is sponsored by a national, state or local 
firearms trade organization devoted to the competitive use or other sporting 
use of firearms.

(iii) Certain diplomats.

(iv) Officials of foreign governments or 
distinguished foreign visitors who are designated by the United States 
department of state.

(v) Persons who have received a waiver from the 
United States attorney general.

(f) Who has been found incompetent pursuant to rule 
11, Arizona rules of criminal procedure, and who subsequently has not been 
found competent.

(g) Who is found guilty except insane.

8. "Prohibited weapon":

(a) Includes the following:

(i) An item that is a bomb, grenade, rocket having a 
propellant charge of more than four ounces or mine and that is explosive, 
incendiary or poison gas.

(ii) A device that is designed, made or adapted to 
muffle the report of a firearm.

(iii) A firearm that is capable of shooting more 
than one shot automatically, without manual reloading, by a single function of 
the trigger.

(iv) A rifle with a barrel length of less than 
sixteen inches, or shotgun with a barrel length of less than eighteen inches, 
or any fi