Arizona HB 2059: firearms; state guard; composition; program

Bill Text

HB2059 - 532R - I Ver 

PREFILED��� DEC 28 2017

 REFERENCE TITLE: firearms; state guard; composition; program

 State of Arizona

 House of Representatives

 Fifty-third Legislature

 Second Regular Session

 2018

 HB 2059

 Introduced by 

 Representative 
 Stringer

AN 
ACT

amending sections 13-3114 and 26-121, 
Arizona Revised Statutes; amending title 26, chapter 1, article 2, Arizona 
Revised Statutes, by adding section 26-128; amending section 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:

START_STATUTE13-3114. 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 automatically shoot 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. END_STATUTE

Sec. 2. Section 26-121, Arizona Revised Statutes, 
is amended to read:

START_STATUTE26-121. Composition 
of militia; persons exempt

The militia 
of the state of Arizona consists of all able bodied able-bodied citizens of the this state between the ages of eighteen and 
forty‑five years 
who 
are at least eighteen years of age and who are capable of acting in concert for 
the common defense and 
all residents of the this state between such ages who are at least eighteen years of 
age, who are capable of acting in concert for the common defense and who have declared their intention 
to become citizens of the United States, except:

1. Persons 
exempted by the laws of the this state or the United States.

2. Persons 
with a serious mental illness, totally blind persons and persons convicted of 
infamous crimes.

3. Judges 
and clerks of courts of record.

4. State 
and county civil officers holding office by election, and members of the 
legislature.

5. Members 
of the clergy. END_STATUTE

Sec. 3. Title 26, chapter 1, article 2, Arizona 
Revised Statutes, is amended by adding section 26-128, to read:

START_STATUTE26-128. Arizona citizens marksmanship program; fund; exemption; 
program termination

A. The Arizona citizens 
marksmanship program is established to provide firearms for training in 
marksmanship skills to citizens and residents of this state who are eligible 
for service in the Arizona state guard pursuant to section 26-121. The 
department of emergency and military affairs shall administer the program.� The 
department may:� 

1. Accept and spend monies from 
any lawful public or private source, including private g