voluntary prohibited possessor; definition

HB2291 - 572R - I Ver

REFERENCE TITLE:
voluntary prohibited possessor; definition

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2291

Introduced by

Representative
M�rquez

AN
ACT

amending section
13-3101, Arizona Revised Statutes; amending title 13, chapter 31, Arizona
Revised Statutes, by adding section 13-3123; 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_STATUTE
13-3101.

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 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.

(
h
) who
volunteers to be considered a prohibited possessor under section 13-3123 and to
be restricted from purchasing or possessing a firearm.

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 firearm that is made from a rifle or shotgun and that, as modified, has
an overall length of less than twenty-six inches.

(v) A breakable container that contains a flammable
liquid with a flash point of one hundred fifty degrees Fahrenheit or less and
that has a wick or similar device capable of being ignited.

(vi) A chemical or combination of chemicals,
compounds or materials, including dry ice, that is possessed or manufactured
for the purpose of generating a gas to cause a mechanical failure, rupture or
bursting or an explosion or detonation of the chemical or combination of
chemicals, compounds or materials.

(vii) An improvised explosive device.

(viii) Any combination of parts or materials that is
designed and intended for use in making or converting a device into an item set
forth in item (i), (v) or (vii) of this subdivision.

(b) Does not include:

(i) Any fireworks that are imported, distributed or
used in compliance with state laws or local ordinances.

(ii) Any propellant, propellant actuated devices or
propellant actuated industrial tools that are manufactured, imported or
distributed for their intended purposes.

(iii) A device that is commercially manufactured
primarily for the purpose of illumination.

9. "Trafficking" means to sell, transfer,
distribute, dispense or otherwise dispose of a weapon or explosive to another
person, or to buy, receive, possess or obtain control of a weapon or explosive,
with the intent to sell, transfer, distribute, dispense or otherwise dispose of
the weapon or explosive to another person.

B. The items set forth in subsection A, paragraph 8,
subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include
any firearms or devices that are possessed, manufactured or transferred in
compliance with federal law.
END_STATUTE

Sec. 2. Title 13, chapter 31, Arizona Revised
Statutes, is amended by adding section 13-3123, to read:

START_STATUTE
13-3123.

Voluntary list; prohibited possessor; firearm possession;
prohibited

A. A person may volunteer to be
considered a prohibited possessor as defined in section 13-3101,
subsection A, paragraph 7, subdivision (
h
) and to have
the person's name added to the voluntary prohibited possessor list that is
developed and maintained by the court.

B. To be added to the voluntary
prohibited possessor list, the person shall complete the request form developed
by the court and shall either deliver the request form in person to a law
enforcement agency or direct the person's health care provider to submit the
request form to the court.� On receipt of the request form, the law enforcement
agency, after verifying the person's identity, or the person's health care
provider shall electronically submit the request form to the court.

C. On receipt of the request form,
the court shall do all of the following:

1. add the person to the voluntary
prohibited POSSESSOR list.

2. prohibit the person from
purchasing or possessing a firearm for one hundred eighty days, after which
time the person will no longer be considered a prohibited possessor and will be
removed from the voluntary prohibited possessor list.� The person may volunteer
to extend this time or, after thirty days, the person may request to be removed
from the voluntary prohibited possessor list.

3. forward the person's ineligibility
to PURCHASE or possess a firearm to the national instant criminal background
check system.

D. The court shall develop the
voluntary prohibited possessor list and the process and request form for the
inclusion and removal of persons on the voluntary prohibited possessor list.�
The request form shall be available on the court's public website and shall
require:

1. The person's:

(
a
) Name.

(
b
) address.

(
c
) Date of
birth.

(
d
) Contact
information.

(
e
) Signature.

2. An acknowledgment of the following
statement:

By presenting this completed form to a law
enforcement agency or health care provider, I understand that I am requesting
that my name be placed on a voluntary prohibited possessor list that restricts
my ability to purchase or possess a firearm for a minimum of thirty days and up
to one hundred eighty days.� I understand that by volunteering to be considered
a prohibited possessor I may not have a firearm in my possession and any
attempt to purchase a firearm while I am on the voluntary prohibited possessor list
will be declined.� I also understand that any time after thirty days, I may
request removal from the voluntary prohibited possessor list and all previous
rights will be restored.� In addition, if I am in possession of a valid
concealed weapons permit, my permit will be suspended during the time I am on
the voluntary prohibited possessor list but will be reinstated on my removal,
unless the permit has expired or been revoked or suspended for another reason
or I become ineligible to possess a firearm.

E. If the person files a request to
be removed from the voluntary prohibited possessor list or at the end of the
one hundred eighty day period, the law enforcement agency and the court shall
destroy any records or files related to the person's requests regarding the
voluntary prohibited possessor list within five days after the date the person
is removed from the list.
END_STATUTE