weapons; permit; firearms safety training

HB2422 - 572R - I Ver

REFERENCE TITLE:
weapons; permit; firearms safety training

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2422

Introduced by

Representatives
M�rquez: Aguilar

AN
ACT

amending sections 4-244, 8-385.01,
12-714, 12-721, 13-3102, 13-3105, 13-3112, 13-3118,
13-4401.01, 13-4903, 13-4904, and 15-515, 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 4-244, Arizona Revised
Statutes, is amended to read:

START_STATUTE
4-244.

Unlawful acts; definition

It is unlawful:

1. For a person to buy for resale, sell or deal in
spirituous liquors in this state without first having procured a license duly
issued by the board, except that the director may issue a temporary permit of
any series pursuant to section 4-205.05 to a trustee in bankruptcy to
acquire and dispose of the spirituous liquor of a debtor.

2. For a person to sell or deal in alcohol for
beverage purposes without first complying with this title.

3. For a distiller, vintner, brewer or wholesaler
knowingly to sell, dispose of or give spirituous liquor to any person other
than a licensee except in sampling wares as may be necessary in the ordinary
course of business, except in donating spirituous liquor to a nonprofit
organization that has obtained a special event license for the purpose of
charitable fundraising activities or except in donating spirituous liquor with
a cost to the distiller, brewer or wholesaler of up to $500 in a calendar year
to an organization that is exempt from federal income taxes under section
501(c) (3), (4), (6) or (7) of the internal revenue code and not licensed under
this title.

4. For a distiller, vintner or brewer to require a
wholesaler to offer or grant a discount to a retailer, unless the discount has
also been offered and granted to the wholesaler by the distiller, vintner or
brewer.

5. For a distiller, vintner or brewer to use a
vehicle for trucking or transporting spirituous liquors unless there is affixed
to both sides of the vehicle a sign showing the name and address of the
licensee and the type and number of the person's license in letters not less
than three and one-half inches in height.

6. For a person to take or solicit orders for
spirituous liquors unless the person is a salesman or solicitor of a licensed
wholesaler, a salesman or solicitor of a distiller, brewer, vintner, importer
or broker or a registered retail agent.

7. For any retail licensee to purchase spirituous
liquors from any person other than a solicitor or salesman of a wholesaler
licensed in this state.

8. For a retailer to acquire an interest in property
owned, occupied or used by a wholesaler in the wholesaler's business, or in a
license with respect to the premises of the wholesaler.

9. Except as provided in paragraphs 10 and 11 of
this section, for a licensee or other person to sell, furnish, dispose of or
give, or cause to be sold, furnished, disposed of or given, to a person under
the legal drinking age

or for a
person under the legal drinking age to buy, receive, have in the person's
possession or consume spirituous liquor. This paragraph does not
prohibit the employment by an off-sale retailer of persons who are at
least sixteen years of age to check out, if supervised by a person on the
premises who is at least eighteen years of age, package or carry merchandise,
including spirituous liquor, in unbroken packages, for the convenience of the
customer of the employer, if the employer sells primarily merchandise other
than spirituous liquor.

10. For a licensee to employ a person under eighteen
years of age to manufacture, sell or dispose of spirituous liquors.� This
paragraph does not prohibit the employment by an off-sale retailer of
persons who are at least sixteen years of age to check out, if supervised by a
person on the premises who is at least eighteen years of age, package or carry
merchandise, including spirituous liquor, in unbroken packages, for the convenience
of the customer of the employer, if the employer sells primarily merchandise
other than spirituous liquor.

11. For an on-sale retailer to employ a person
under eighteen years of age in any capacity connected with the handling of
spirituous liquors.� This paragraph does not prohibit the employment by an on-sale
retailer of a person under eighteen years of age who cleans up the tables on
the premises for reuse, removes dirty dishes, keeps a ready supply of needed
items and helps clean up the premises.

12. For a licensee, when engaged in waiting on or
serving customers, to consume spirituous liquor or for a licensee or on-duty
employee to be on or about the licensed premises while in an intoxicated or
disorderly condition.

13. For an employee of a retail licensee, during
that employee's working hours or in connection with such employment, to give to
or purchase for any other person, accept a gift of, purchase for the employee
or consume spirituous liquor, except that:

(a) An employee of a licensee, during that
employee's working hours or in connection with the employment, while the
employee is not engaged in waiting on or serving customers, may give spirituous
liquor to or purchase spirituous liquor for any other person.

(b) An employee of an on-sale retail licensee,
during that employee's working hours or in connection with the employment,
while the employee is not engaged in waiting on or serving customers, may taste
samples of beer or wine of not more than four ounces per day or distilled spirits
of not more than two ounces per day provided by an employee of a wholesaler or
distributor who is present at the time of the sampling.

(c) An employee of an on-sale retail licensee,
under the supervision of a manager as part of the employee's training and
education, while not engaged in waiting on or serving customers may taste
samples of distilled spirits of not more than two ounces per educational
session or beer or wine of not more than four ounces per educational session,
and provided that a licensee does not have more than two educational sessions
in any thirty-day period.

(d) An unpaid volunteer who is a bona fide member of
a club and who is not engaged in waiting on or serving spirituous liquor to
customers may purchase for himself and consume spirituous liquor while
participating in a scheduled event at the club. An unpaid
participant in a food competition may purchase for himself and consume
spirituous liquor while participating in the food competition.

(e) An unpaid volunteer of a special event licensee
under section 4-203.02 may purchase and consume spirituous liquor while
not engaged in waiting on or serving spirituous liquor to customers at the
special event. This subdivision does not apply to an unpaid volunteer whose
responsibilities include verification of a person's legal drinking age,
security or the operation of any vehicle or heavy machinery.

(f) A representative of a producer or wholesaler
participating at a special event under section 4-203.02 may consume small
amounts of the products of the producer or wholesaler on the premises of the
special event for the purpose of quality control.

14. For a licensee or other person to serve, sell or
furnish spirituous liquor to a disorderly or obviously intoxicated person, or
for a licensee or employee of the licensee to allow a disorderly or obviously
intoxicated person to come into or remain on or about the premises, except that
a licensee or an employee of the licensee may allow an obviously intoxicated
person to remain on the premises for not more than thirty minutes after the
state of obvious intoxication is known or should be known to the licensee for a
nonintoxicated person to transport the obviously intoxicated person from the
premises. For the purposes of this section, "obviously
intoxicated" means inebriated to the extent that a person's physical
faculties are substantially impaired and the impairment is shown by
significantly uncoordinated physical action or significant physical dysfunction
that would have been obvious to a reasonable person.

15. For an on-sale or off-sale retailer
or an employee of such retailer or an alcohol delivery contractor to sell,
dispose of, deliver or give spirituous liquor to a person between the hours of
2:00 a.m. and 6:00 a.m., except that:

(a) A retailer with off-sale privileges may
receive and process orders, accept payment or package, load or otherwise
prepare spirituous liquor for delivery at any time, if the actual deliveries to
customers are made between the hours of 6:00 a.m. and 2:00 a.m., at which time
section 4-241, subsections A and K apply.

(b) The governor, in consultation with the
governor's office of highway safety and the public safety community in this
state, may issue an executive order that extends the closing time until 3:00
a.m. for spirituous liquor sales in connection with a professional or
collegiate national sporting championship event held in this state.

16. For a licensee or employee to knowingly allow
any person on or about the licensed premises to give or furnish any spirituous
liquor to any person under twenty-one years of age or knowingly allow any
person under twenty-one years of age to have in the person's possession
spirituous liquor on the licensed premises.

17. For an on-sale retailer or an employee of
such retailer to allow a person to consume or possess spirituous liquors on the
premises between the hours of 2:30 a.m. and 6:00 a.m., except that if the
governor extends the closing time for a day for spirituous liquor sales
pursuant to paragraph 15 of this section it is unlawful for an on-sale retailer
or an employee of such retailer on that day to allow a person to consume or
possess spirituous liquor on the premises between the hours of 3:30 a.m. and
6:00 a.m.

18. For an on-sale retailer to allow an
employee or for an employee to solicit or encourage others, directly or
indirectly, to buy the employee drinks or anything of value in the licensed
premises during the employee's working hours. An on-sale
retailer shall not serve employees or allow a patron of the establishment to
give spirituous liquor to, purchase liquor for or drink liquor with any
employee during the employee's working hours.

19. For an off-sale retailer or employee to
sell spirituous liquor except in the original unbroken container, to allow
spirituous liquor to be consumed on the premises or to knowingly allow
spirituous liquor to be consumed on adjacent property under the licensee's exclusive
control.

20. For a person to consume spirituous liquor in a
public place, thoroughfare or gathering. The license of a licensee
allowing a violation of this paragraph on the premises shall be subject to
revocation. This paragraph does not apply to the sale of spirituous
liquors on the premises of and by an on-sale retailer. This
paragraph also does not apply to a person consuming beer or wine from a broken
package in a public recreation area or on private property with permission of
the owner or lessor or on the walkways surrounding such private property or to
a person consuming beer or wine from a broken package in a public recreation
area as part of a special event or festival that is conducted under a license
secured pursuant to section 4-203.02 or 4-203.03.

21. For a person to possess or to transport
spirituous liquor that is manufactured in a distillery, winery, brewery or
rectifying plant contrary to the laws of the United States and this
state. Any property used in transporting such spirituous liquor
shall be forfeited to the state and shall be seized and disposed of as provided
in section 4-221.

22. For an on-sale retailer or employee to
allow a person under the legal drinking age to remain in an area on the
licensed premises during those hours in which its primary use is the sale,
dispensing or consumption of alcoholic beverages after the licensee, or the
licensee's employees, know or should have known that the person is under the
legal drinking age. An on-sale retailer may designate an area
of the licensed premises as an area in which spirituous liquor will not be sold
or consumed for the purpose of allowing underage persons on the premises if the
designated area is separated by a physical barrier and at no time will underage
persons have access to the area in which spirituous liquor is sold or
consumed. A licensee or an employee of a licensee may require a
person who intends to enter a licensed premises or a portion of a licensed
premises where persons under the legal drinking age are prohibited under this
section to exhibit an instrument of identification that is acceptable under
section 4-241 as a condition of entry or may use a biometric identity
verification device to determine the person's age as a condition of
entry. The director, or a municipality, may adopt rules to regulate
the presence of underage persons on licensed premises provided the rules
adopted by a municipality are more stringent than those adopted by the
director. The rules adopted by the municipality shall be adopted by
local ordinance and shall not interfere with the licensee's ability to comply
with this paragraph. This paragraph does not apply:

(a) If the person under the legal drinking age is
accompanied by a spouse, parent, grandparent or legal guardian of legal
drinking age or is an on-duty employee of the licensee.

(b) If the owner, lessee or occupant of the premises
is a club as defined in section 4-101, paragraph 8, subdivision (a) and
the person under the legal drinking age is any of the following:

(i) An active duty military service member.

(ii) A veteran.

(iii) A member of the United States army national
guard or the United States air national guard.

(iv) A member of the United States military reserve
forces.

(c) To the area of the premises used primarily for
serving food during the hours when food is served.

23. For an on-sale retailer or employee to
conduct drinking contests, to sell or deliver to a person an unlimited number
of spirituous liquor beverages during any set period of time for a fixed price,
to deliver more than fifty ounces of beer, one liter of wine or four ounces of
distilled spirits in any spirituous liquor drink to one person at one time for
that person's consumption or to advertise any practice prohibited by this
paragraph. This paragraph does not prohibit an on-sale
retailer or employee from selling and delivering an opened, original container
of distilled spirits if:

(a) Service or pouring of the spirituous liquor is
provided by an employee of the on-sale retailer. A licensee
shall not be charged for a violation of this paragraph if a customer, without
the knowledge of the retailer, removes or tampers with a locking device on a
bottle delivered to the customer for bottle service and the customer pours the
customer's own drink from the bottle, if when the licensee becomes aware of the
removal or tampering of the locking device the licensee immediately installs a
functioning locking device on the bottle or removes the bottle and lock from
bottle service.

(b) The employee of the on-sale retailer
monitors consumption to ensure compliance with this
paragraph. Locking devices may be used, but are not required.

24. For a licensee or employee to knowingly allow
the unlawful possession, use, sale or offer for sale of narcotics, dangerous
drugs or marijuana on the premises. For the purposes of this
paragraph, "dangerous drug" has the same meaning prescribed in
section 13-3401.

25. For a licensee or employee to knowingly allow
prostitution or the solicitation of prostitution on the premises.

26. For a licensee or employee to knowingly allow
unlawful gambling on the premises.

27. For a licensee or employee to knowingly allow
trafficking or attempted trafficking in stolen property on the premises.

28. For a licensee or employee to fail or refuse to
make the premises or records available for inspection and examination as
provided in this title or to comply with a lawful subpoena issued under this
title.

29. For any person other than a peace officer while
on duty or off duty or a member of a sheriff's volunteer posse while on duty
who has received firearms training that is approved by the Arizona peace
officer standards and training board, a retired peace officer as defined in
section 38-1113 or an honorably retired law enforcement officer who has
been issued a certificate of firearms proficiency pursuant to section 13-3112,
subsection
T
V
, the licensee
or an employee of the licensee acting with the permission of the licensee to be
in possession of a firearm while on the licensed premises of an on-sale
retailer. This paragraph does not include a situation in which a
person is on licensed premises for a limited time in order to seek emergency
aid and such person does not buy, receive, consume or possess spirituous
liquor.� This paragraph does not apply to:

(a) Hotel or motel guest room accommodations.

(b) Exhibiting or displaying a firearm in
conjunction with a meeting, show, class or similar event.

(c) A person with a permit issued pursuant to
section 13-3112 who carries a concealed handgun on the licensed premises
of any on-sale retailer that has not posted a notice pursuant to section
4-229.

30. For a licensee or employee to knowingly allow a
person in possession of a firearm other than a peace officer while on duty or
off duty or a member of a sheriff's volunteer posse while on duty who has
received firearms training that is approved by the Arizona peace officer
standards and training board, a retired peace officer as defined in section 38-1113
or an honorably retired law enforcement officer who has been issued a
certificate of firearms proficiency pursuant to section 13-3112,
subsection
T
v
, the
licensee or an employee of the licensee acting with the permission of the
licensee to remain on the licensed premises or to serve, sell or furnish
spirituous liquor to a person in possession of a firearm while on the licensed
premises of an on-sale retailer. It is a defense to action
under this paragraph if the licensee or employee requested assistance of a
peace officer to remove such person. This paragraph does not apply
to:

(a) Hotel or motel guest room accommodations.

(b) Exhibiting or displaying a firearm in
conjunction with a meeting, show, class or similar event.

(c) A person with a permit issued pursuant to
section 13-3112 who carries a concealed handgun on the licensed premises
of any on-sale retailer that has not posted a notice pursuant to section
4-229.

31. For any person in possession of a firearm while
on the licensed premises of an on-sale retailer to consume spirituous
liquor. This paragraph does not prohibit the consumption of small
amounts of spirituous liquor by an undercover peace officer on assignment to
investigate the licensed establishment.

32. For a licensee or employee to knowingly allow
spirituous liquor to be removed from the licensed premises, except in the
original unbroken package. This paragraph does not apply to any of
the following:

(a) A person who removes a bottle of wine that has
been partially consumed in conjunction with a purchased meal from licensed
premises if a cork is inserted flush with the top of the bottle or the bottle
is otherwise securely closed.

(b) A person who is in licensed premises that have
noncontiguous portions that are separated by a public or private walkway or
driveway and who takes spirituous liquor from one portion of the licensed
premises across the public or private walkway or driveway directly to the other
portion of the licensed premises.

(c) A licensee of a bar, beer and wine bar, liquor
store, beer and wine store, microbrewery or restaurant that has a permit
pursuant to section 4-205.02, subsection H that dispenses beer only in a
clean container composed of a material approved by a national sanitation
organization with a maximum capacity that does not exceed one gallon and not
for consumption on the premises if:

(i) The licensee or the licensee's employee fills
the container at the tap at the time of sale.

(ii) The container is sealed and displays a
government warning label.

(d) A bar or liquor store licensee that prepares a
mixed cocktail or a restaurant licensee that
leases the privilege
to sell mixed cocktails for consumption off the licensed premises pursuant to
section 4-203.06 or
holds a permit pursuant to section 4-203.07
and section 4-205.02, subsection K and that prepares a mixed cocktail and
transfers it to a clean container composed of a material approved by a national
sanitation organization with a maximum capacity that does not exceed thirty-two
ounces and not for consumption on the premises if all of the following apply:

(i) The licensee or licensee's employee fills the
container with the mixed cocktail on the licensed premises of the bar, liquor
store or restaurant.

(ii) The container is tamperproof sealed by the
licensee or the licensee's employee and displays a government warning label.

(iii) The container clearly displays the bar's,
liquor store's or restaurant's logo or name.

(iv) For a restaurant licensee licensed pursuant to
section 4-205.02, the sale of mixed cocktails for consumption off the
licensed premises is accompanied by the sale of menu food items for consumption
on or off the licensed premises.

33. For a person who is obviously intoxicated to buy
or attempt to buy spirituous liquor from a licensee or employee of a licensee
or to consume spirituous liquor on licensed premises.

34. For a person who is under twenty-one years
of age to drive or be in physical control of a motor vehicle while there is any
spirituous liquor in the person's body.

35. For a person who is under twenty-one years of
age to operate or be in physical control of a motorized watercraft that is
underway while there is any spirituous liquor in the person's
body. For the purposes of this paragraph, "underway" has
the same meaning prescribed in section 5-301.

36. For a licensee, manager, employee or controlling
person to purposely induce a voter, by means of alcohol, to vote or abstain
from voting for or against a particular candidate or issue on an election day.

37. For a licensee to fail to report an occurrence
of an act of violence to either the department or a law enforcement agency.

38. For a licensee to use a vending machine for the
purpose of dispensing spirituous liquor.

39. For a licensee to offer for sale a wine carrying
a label including a reference to Arizona or any Arizona city, town or
geographic location unless at least seventy-five percent by volume of the
grapes used in making the wine were grown in Arizona.

40. For a retailer to knowingly allow a customer to
bring spirituous liquor onto the licensed premises, except that an on-sale
retailer may allow a wine and food club to bring wine onto the premises for
consumption by the club's members and guests of the club's members in
conjunction with meals purchased at a meeting of the club that is conducted on
the premises and that at least seven members attend. An on-sale
retailer that allows wine and food clubs to bring wine onto its premises under
this paragraph shall comply with all applicable provisions of this title and
any rules adopted pursuant to this title to the same extent as if the on-sale
retailer had sold the wine to the members of the club and their
guests. For the purposes of this paragraph, "wine and food
club" means an association that has more than twenty bona fide members
paying at least $6 per year in dues and that has been in existence for at least
one year.

41. For a person who is under twenty-one years
of age to have in the person's body any spirituous liquor. In a
prosecution for a violation of this paragraph:

(a) Pursuant to section 4-249, it is a defense
that the spirituous liquor was consumed in connection with the bona fide
practice of a religious belief or as an integral part of a religious exercise
and in a manner not dangerous to public health or safety.

(b) Pursuant to section 4-226, it is a defense
that the spirituous liquor was consumed for a bona fide medicinal purpose and
in a manner not dangerous to public health or safety.

42. For an employee of a licensee to accept any
gratuity, compensation, remuneration or consideration of any kind to either:

(a) Allow a person who is under twenty-one
years of age to enter any portion of the premises where that person is
prohibited from entering pursuant to paragraph 22 of this section.

(b) Sell, furnish, dispose of or give spirituous
liquor to a person who is under twenty-one years of age.

43. For a person to purchase, offer for sale or use
any device, machine or process that mixes spirituous liquor with pure oxygen or
another gas to produce a vaporized product for the purpose of consumption by
inhalation or to allow patrons to use any item for the consumption of vaporized
spirituous liquor.

44. For a retail licensee or an employee of a retail
licensee to sell spirituous liquor to a person if the retail licensee or
employee knows the person intends to resell the spirituous liquor.

45. Except as authorized by paragraph 32,
subdivision (c) of this section, for a person to reuse a bottle or other
container authorized for use by the laws of the United States or any agency of
the United States for the packaging of distilled spirits or for a person to
increase the original contents or a portion of the original contents remaining
in a liquor bottle or other authorized container by adding any substance.

46. For a direct shipment licensee, a farm winery
licensee or an employee of those licensees to sell, dispose of, deliver or give
spirituous liquor to an individual purchaser between the hours of
2:00 a.m. and 6:00 a.m., except that a direct shipment licensee or a
farm winery licensee may receive and process orders, accept payment, package,
load or otherwise prepare wine for delivery at any time without complying with
section 4-241, subsections A and K, if the actual deliveries to
individual purchasers are made between the hours of 6:00 a.m. and
2:00 a.m. and in accordance with section 4-203.04 for direct
shipment licensees and section 4-205.04 for farm winery licensees.

47. For a supplier to coerce or attempt to coerce a
wholesaler to accept delivery of beer or any other commodity that has not been
ordered by the wholesaler or for which the order was canceled. A
supplier may impose reasonable inventory requirements on a wholesaler if the
requirements are made in good faith and are generally applied to other
similarly situated wholesalers that have an agreement with the supplier.
END_STATUTE

Sec. 2. Section 8-385.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
8-385.01.

Victims' rights for neighborhood associations

A. A neighborhood association may register with the
city, town or county in which the neighborhood association is located to invoke
the rights that are afforded pursuant to this article. The city,
town or county shall establish procedures for the registration of neighborhood
associations pursuant to this section. The procedures shall require
the neighborhood association to provide to the city, town or county the name
and telephone number of one person who shall act on behalf of the neighborhood
association and who may receive notice or invoke rights pursuant to this
section. The neighborhood association shall notify the city, town or
county of any changes to this information. If the neighborhood
association fails to keep this information current, the neighborhood
association is deemed to have waived its rights under this section.

B. Notwithstanding any law to the contrary, if a
juvenile commits an act that if committed by an adult would be a crime under
section 13-1602, subsection A, paragraph 5, section 13-3102,
subsection A, paragraph
9
10
,
section 13-3201 or 13-3204, section 13-3208, subsection B or
section 13-3209, 13-3405, 13-3407, 13-3408, 13-3421
or 13-4702, a neighborhood association that is registered with a city,
town or county pursuant to subsection A of this section may receive notice or
may invoke rights pursuant to the following sections:

1. Section 8-390.

2. Section 8-400.

3. Section 8-405.

C. Sections 8-407, 8-413 and 8-415
apply to all matters in which a neighborhood association invokes rights under
this section.

D. If the neighborhood association wishes to invoke
victims' rights for a crime as prescribed in subsection B of this section that
resulted in an arrest, the person who is registered with the city, town or
county pursuant to subsection A of this section shall contact the law
enforcement agency responsible for the arrest. The law enforcement
agency shall fill out the form prescribed by section 8-386. Thereafter
the neighborhood association, through the contact person, shall be afforded all
of the rights listed under subsection B of this section.
END_STATUTE

Sec. 3. Section 12-714, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-714.

Actions against firearm manufacturers; prohibition; findings;
definitions

A. A political subdivision of this state shall not
commence a qualified civil liability action in any Arizona court.

B. The legislature finds that:

1. The citizens of this state have the right, under
the second amendment to the United States Constitution and article
2
II
, section 26 of the Arizona
Constitution, to keep and bear arms.

2. Lawsuits have been commenced against the
manufacturers, distributors, dealers and importers of nondefective firearms for
the harm caused by the misuse of firearms by third parties, including
criminals.

3. Businesses in the United States that are engaged
in the lawful sale to the public of firearms or ammunition are not
,
and should not be liable for the harm caused by those
who unlawfully misuse firearms or ammunition.

4. The possibility of imposing liability on an
entire industry for harm that is the sole responsibility of others is an abuse
of the legal system, threatens the diminution of a basic constitutional right
and constitutes an unreasonable burden on the free enterprise system.

5. The liability actions commenced by political
subdivisions are based on theories without foundation in the common law and
American jurisprudence. Such an expansion of liability would constitute a
deprivation of the rights, privileges and immunities guaranteed to citizens of
this state under both the Constitution of Arizona and the United States
Constitution.

C.
As used in

For
the purposes of
this section:

1. "Manufacturer" means, with respect to a
qualified product:

(a) A person who is engaged in a business to import,
make, produce, create or assemble a qualified product and who designs or
formulates, or has engaged another person to design or formulate, a qualified
product.

(b) A seller of a qualified product, but only with
respect to an aspect of the product that is made or affected when the seller
makes, produces, creates or assembles and designs or formulates an aspect of
the product made by another person.

(c) Any seller of a qualified product who represents
to a user of a qualified product that the seller is a manufacturer of the
qualified product.

2. "Qualified civil liability action"
means 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. Qualified civil liability action does not
include an action brought against a transferor convicted under 18 United States
Code section 924(h) or section 13-3102, subsection A, paragraph
14,

15
by a party directly harmed by the
conduct of which the transferee is convicted.

3. "Qualified product" means a
nondefective firearm as defined in 18 United States Code section 921(a)(3) or
nondefective ammunition as defined in 18 United States Code section 921(a)(17),
or a component part of a firearm or ammunition, that has been shipped or
transported in interstate or foreign commerce.

4. "Seller" means, with respect to a
qualified product, a person who either:

(a) In the course of a business conducted for that
purpose sells, distributes, rents, leases, prepares, blends, packages, labels
or otherwise is involved in placing a qualified product in the stream of
commerce.

(b) Installs, repairs, refurbishes, reconditions or
maintains an aspect of a qualified product that is alleged to have resulted in
damages.

5. "Trade association" means any
association or business organization, whether or not incorporated under federal
or state law, two or more members of which are manufacturers or sellers of a
qualified product.
END_STATUTE

Sec. 4. Section 12-721, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-721.

Prohibited commencement of qualified civil liability actions;
firearm manufacturers and sellers; applicability; attorney fees and costs;
definitions

A. A person may not commence a qualified civil
liability action.

B. This section does not prohibit a person who is
under seventeen years of age from recovering damages pursuant to a civil action
authorized by a federal or state law described in subsection
C
D
, paragraph 4, subdivision (c), item (i), (ii), (iii), (iv)
or (v) of this section.

C. The prevailing party in an action filed pursuant
to this section shall recover reasonable attorney fees and costs.

D. For the purposes of this section:

1. "Engaged in the business" means any of
the following:

(a) As applied to a manufacturer of firearms, a
person that devotes time, attention and labor to manufacturing firearms as a
regular course of trade or business with the principal objective of livelihood
and profit through the sale or distribution of the manufactured firearms.

(b) As applied to a manufacturer of ammunition, a
person that devotes time, attention and labor to manufacturing ammunition as a
regular course of trade or business with the principal objective of livelihood
and profit through the sale or distribution of the manufactured ammunition.

(c) As applied to a dealer in firearms, as defined
in 18 United States Code section 921(a)(11)(A), a person that devotes time,
attention and labor to dealing in firearms as a regular course of trade or
business with the principal objective of livelihood and profit through the
repetitive purchase and resale of firearms but does not include a person who
makes occasional sales, exchanges or purchases of firearms for the enhancement
of a personal collection or for a hobby or who sells all or part of the person's
personal collection of firearms.

(d) As applied to a dealer in firearms, as defined
in 18 United States Code section 921(a)(11)(B), a person that devotes time,
attention and labor to engaging in the activity as a regular course of trade or
business with the principal objective of livelihood and profit but does not
include a person who makes occasional repairs of firearms or who occasionally
fits special barrels, stocks or trigger mechanisms to firearms.

(e) As applied to an importer of firearms, a person
that devotes time, attention and labor to importing firearms as a regular
course of trade or business with the principal objective of livelihood and
profit through the sale or distribution of the imported firearms.

(f) As applied to an importer of ammunition, a
person that devotes time, attention and labor to importing ammunition as a
regular course of trade or business with the principal objective of livelihood
and profit through the sale or distribution of the imported ammunition.

2. "Manufacturer" means, with respect to a
qualified product, a person that is engaged in the business of manufacturing
the product in interstate or foreign commerce and that is licensed to engage in
business.

3. "Negligent entrustment" means supplying
a qualified product by a seller for use by another person when the seller
knows, or reasonably should know, the person to whom the product is supplied is
likely to, and does, use the product in a manner involving unreasonable risk of
physical injury to the person or others.

4. "Qualified civil liability action"
means a civil action or proceeding or an administrative proceeding brought by
any person against a manufacturer or seller of a qualified product or a trade
association for damages, punitive damages, injunctive or declaratory relief,
abatement, restitution, fines, penalties or other relief resulting from the
criminal or unlawful misuse of a qualified product by the person or a third
party. Qualified civil liability action does not include:

(a) An action brought against a transferor convicted
under 18 United States Code section 924(h) or section 13-3102, subsection
A, paragraph
14

15
by a party
directly harmed by the conduct of which the transferee is convicted.

(b) An action brought against a seller for negligent
entrustment or negligence per se.

(c) An action in which a manufacturer or seller of a
qualified product knowingly violated a state or federal law applicable to the
sale of the qualified product and the violation was a proximate cause of the
harm for which relief is sought, including any of the following:

(i) Any case in which the manufacturer or seller
knowingly made any false entry in or failed to make appropriate entry in any
record required to be kept under federal or state law with respect to the
qualified product or aided, abetted or conspired with any person in making any
false or fictitious oral or written statement with respect to any fact material
to the lawfulness of the sale or other disposition of a qualified product.

(ii) Any case in which the manufacturer or seller
aided, abetted or conspired with any other person to sell or otherwise dispose
of a qualified product, knowing or having reasonable cause to believe that the
actual buyer of the qualified product was prohibited from possessing or
receiving a firearm or ammunition under 18 United States Code section 922(g) or
(n).

(iii) An action for breach of contract or warranty
in connection with the purchase of the qualified product.

(iv) An action for death, physical injury or
property damage resulting directly from a defect in the design or manufacture
of the qualified product, when used as intended or in a reasonably foreseeable
manner, except that if the discharge of the qualified product was caused by a
volitional act that constituted a criminal offense, the act is considered the
sole proximate cause of any resulting death, personal injury or property
damage.

(v) An action or proceeding commenced by the United
States attorney general to enforce 18 United States Code chapter 44 or 26
United States Code chapter 53.

5. "Qualified product" means a firearm as
defined in 18 United States Code section 921(a)(3)(A) or (B), including an
antique firearm as defined in 18 United States Code section 921(a)(16) or
ammunition as defined in 18 United States Code section 921(a)(17)(A) or a
component part of a firearm or ammunition, that has been shipped or transported
in interstate or foreign commerce.

6. "Seller" means, with respect to a
qualified product, any of the following:

(a) An importer as defined in 18 United States Code
section 921(a)(9) that is engaged in the business as an importer in interstate
or foreign commerce and that is licensed to engage in business as an importer
under 18 United States Code chapter 44.

(b) A dealer as defined in 18 United States Code
section 921(a)(11) that is engaged in the business as a dealer in interstate or
foreign commerce and that is licensed to engage in business as a dealer under
18 United States Code chapter 44.

(c) A person that is engaged in the business of
selling ammunition as defined in 18 United States Code section 921(a)(17)(A) in
interstate or foreign commerce at the wholesale or retail level.

7. "Trade association" means any
corporation, unincorporated association, federation, business league or
professional or business organization that
is

meets
all of the following:

(a)
is
not organized or
operated for profit and no part of the net earnings of which inures to the
benefit of any private shareholder or individual.

(b) Is an organization described in 26 United States
Code section 501(c)(6) and is exempt from tax under 26 United States Code
section 501(a).

(c)
Has
two or more members
of which

that
are manufacturers or sellers
of a qualified product.

8. "With the principal objective of livelihood
and profit" means the intent underlying the sale or disposition of
firearms is predominantly one of obtaining livelihood and pecuniary gain as
opposed to other intents, including improving or liquidating a personal
firearms collection.
END_STATUTE

Sec. 5. Section 13-3102, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-3102.

Misconduct involving weapons; defenses; classification;
definitions

A. A person commits misconduct involving weapons by
knowingly:

1. CARRYING A DEADLY WEAPON WITHOUT A
PERMIT PURSUANT TO SECTION 13-3112 EXCEPT A POCKET KNIFE CONCEALED ON HIS
PERSON; or

1.

2.
Carrying
a deadly weapon except a pocket knife concealed on his person or within his
immediate control in or on a means of transportation:

(a) In the furtherance of a serious offense as
defined in section 13-706, a violent crime as defined in section 13-901.03
or any other felony offense; or

(b) When contacted by a law enforcement officer and
failing to accurately answer the officer if the officer asks whether the person
is carrying a concealed deadly weapon; or

2.

3.
Carrying
a deadly weapon except a pocket knife concealed on his person or concealed
within his immediate control in or on a means of transportation if the person
is under twenty-one years of age; or

3.

4.
Manufacturing,
possessing, transporting, selling or transferring a prohibited weapon, except
that if the violation involves dry ice, a person commits misconduct involving
weapons by knowingly possessing the dry ice with the intent to cause injury to
or death of another person or to cause damage to the property of another
person; or

4.

5.
Possessing
a deadly weapon or prohibited weapon if such person is a prohibited possessor;
or

5.

6.
Selling
or transferring a deadly weapon to a prohibited possessor; or

6.

7.
Defacing
a deadly weapon; or

7.

8.
Possessing
a defaced deadly weapon knowing the deadly weapon was defaced; or

8.

9.
Using
or possessing a deadly weapon during the commission of any felony offense
included in chapter 34 of this title; or

9.

10.
Discharging
a firearm at an occupied structure in order to assist, promote or further the
interests of a criminal street gang, a criminal syndicate or a racketeering
enterprise; or

10.

11.
Unless
specifically authorized by law, entering any public establishment or attending
any public event and carrying a deadly weapon on his person after a reasonable
request by the operator of the establishment or the sponsor of the event or the
sponsor's agent to remove his weapon and place it in the custody of the
operator of the establishment or the sponsor of the event for temporary and
secure storage of the weapon

pursuant to section 13-3102.01;
or

11.

12.
Unless
specifically authorized by law, entering an election polling place on the day
of any election carrying a deadly weapon; or

12.

13.
Possessing
a deadly weapon on school grounds; or

13.

14.
Unless
specifically authorized by law, entering a nuclear or hydroelectric generating
station carrying a deadly weapon on his person or within the immediate control
of any person; or

14.

15.
Supplying,
selling or giving possession or control of a firearm to another person if the
person knows or has reason to know that the other person would use the firearm
in the commission of any felony; or

15.

16.
Using,
possessing or exercising control over a deadly weapon in furtherance of any act
of terrorism as defined in section 13-2301 or possessing or exercising
control over a deadly weapon knowing or having reason to know that it will be
used to facilitate any act of terrorism as defined in section 13-2301; or

16.

17.
Trafficking
in weapons or explosives for financial gain in order to assist, promote or
further the interests of a criminal street gang, a criminal syndicate or a
racketeering enterprise.

B. Subsection A,
paragraph

paragraphs 1 and
2 of this section shall not apply to:

1. A person in his dwelling, on his business
premises or on real property owned or leased by that person or that person's
parent, grandparent or legal guardian.

2. A member of the sheriff's volunteer posse or
reserve organization who has received and passed firearms training that is
approved by the Arizona peace officer standards and training board and who is
authorized by the sheriff to carry a concealed weapon pursuant to section 11-441.

3. A firearm that is carried in:

(a) A manner where any portion of the firearm or
holster in which the firearm is carried is visible.

(b) A holster that is wholly or partially visible.

(c) A scabbard or case designed for carrying weapons
that is wholly or partially visible.

(d) Luggage.

(e) 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.

C. Subsection A, paragraphs
2,

3,
4,

7,

8,
10,
11, 12
,

and
13
and 14
of this section shall not apply to:

1. A peace officer or any person summoned by any
peace officer to assist and while actually assisting in the performance of
official duties; or

2. A member of the military forces of the United
States or of any state of the United States in the performance of official
duties; or

3. A warden, deputy warden, community correctional
officer, detention officer, special investigator or correctional officer of the
state department of corrections or the department of juvenile corrections; or

4. A person specifically licensed, authorized or
permitted pursuant to a statute of this state or of the United States.

D. Subsection A, paragraph
10

11
of this section does not apply to an elected or appointed
judicial officer in the court facility where the judicial officer works if the
judicial officer has demonstrated competence with a firearm as prescribed in
section 13-3112, subsection N, except that the judicial officer shall
comply with any rule or policy adopted by the presiding judge of the superior
court while in the court facility. For the purposes of this
subsection, appointed judicial officer does not include a hearing officer or a
judicial officer pro tempore who is not a full-time officer.

E. Subsection A, paragraphs
3

4
and
7
�
8
of
this section shall not apply to:

1. The possessing, transporting, selling or
transferring of weapons by a museum as a part of its collection or an
educational institution for educational purposes or by an authorized employee
of such museum or institution, if:

(a) Such museum or institution is operated by the
United States or this state or a political subdivision of this state, or by an
organization described in 26 United States Code section 170(c) as a recipient
of a charitable contribution; and

(b) Reasonable precautions are taken with respect to
theft or misuse of such material.

2. The regular and lawful transporting as
merchandise; or

3. Acquisition by a person by operation of law such
as by gift, devise or descent or in a fiduciary capacity as a recipient of the
property or former property of an insolvent, incapacitated or deceased person.

F. Subsection A, paragraph
3
4
of this section shall not apply to the merchandise of an
authorized manufacturer of or dealer in prohibited weapons, when such material
is intended to be manufactured, possessed, transported, sold or transferred
solely for or to a dealer, a regularly constituted or appointed state, county
or municipal police department or police officer, a detention facility, the
military service of this or another state or the United States, a museum or
educational institution or a person specifically licensed or permitted pursuant
to federal or state law.

G. Subsection A, paragraph
10
11
of this section shall not apply to shooting ranges or
shooting events, hunting areas or similar locations or activities.

H. Subsection A, paragraph
12
13
of this section shall not apply to a weapon if
such
the
weapon is possessed for the
purposes of preparing for, conducting or participating in hunter or firearm
safety courses.

I. Subsection A, paragraph
12
13
of this section shall not apply to the possession of a:

1. Firearm 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 the means of transportation the firearm shall not be visible
from the outside of the means of transportation and the means of transportation
shall be locked.

2. Firearm for use on the school grounds in a
program approved by a school.

3. Firearm by a person who possesses a certificate
of firearms proficiency pursuant to section 13-3112, subsection T and who
is authorized to carry a concealed firearm pursuant to the law enforcement
officers safety act of 2004 (P.L. 108-277; 118 Stat. 865; 18 United
States Code sections 926B and 926C).

J. Subsection A, paragraphs
2,

3,
7
4, 8
and
13

14
of this section shall not apply to commercial nuclear
generating station armed nuclear security guards during the performance of
official duties or during any security training exercises sponsored by the
commercial nuclear generating station or local, state or federal authorities.

K. The operator of the establishment or the sponsor
of the event or the employee of the operator or sponsor or the agent of the
sponsor, including a public entity or public employee, is not liable for acts
or omissions pursuant to subsection A, paragraph
10
11
of this section unless the operator, sponsor, employee or
agent intended to cause injury or was grossly negligent.

L. If a law enforcement officer contacts a person
who is in possession of a firearm, the law enforcement officer may take
temporary custody of the firearm for the duration of that contact.

M. Misconduct involving weapons under subsection A,
paragraph
15

16
of this section is a
class 2 felony. Misconduct involving weapons under subsection A,
paragraph
9, 14

10, 15
or
16
17
of this section is a class 3 felony.
Misconduct involving weapons under subsection A, paragraph
3,

4,
5,
8
9
or

13
14
of this section is a class 4
felony.� Misconduct involving weapons under subsection A, paragraph
12

13
of this section is a class 1
misdemeanor unless the violation occurs in connection with conduct that
violates section 13-2308, subsection A, paragraph 5, section 13-2312,
subsection C, section 13-3409 or section 13-3411, in which case the
offense is a class 6 felony. Misconduct involving weapons under
subsection A, paragraph
1
2
,
subdivision (a) of this section or subsection A, paragraph
5,

6
,

or

7
or 8
of this section is a class 6 felony.� Misconduct
involving weapons under subsection A, paragraph
1
2
, subdivision (b) of this section or subsection A, paragraph
10

11
or
11

12
of this section is a class 1 misdemeanor.� Misconduct
involving weapons under subsection A, paragraph
2
3
of this section is a class 3 misdemeanor.

N. For the purposes of this section:

1. "Contacted by a law enforcement
officer" means a lawful traffic or criminal investigation, arrest or
detention or an investigatory stop by a law enforcement officer that is based
on reasonable suspicion that an offense has been or is about to be committed.

2. "Public establishment" means a
structure, vehicle or craft that is owned, leased or operated by this state or
a political subdivision of this state.

3. "Public event" means a specifically
named or sponsored event of limited duration that is either conducted by a
public entity or conducted by a private entity with a permit or license granted
by a public entity.� Public event does not include an unsponsored gathering of
people in a public place.

4. "School" means a public or nonpublic
kindergarten program, common school or high school.

5. "School grounds" means in, or on the
grounds of, a school.
END_STATUTE

Sec. 6. Section 13-3105, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-3105.

Forfeiture of weapons and explosives

A. On the conviction of any person for a violation
of any felony in this state in which a deadly weapon, dangerous instrument or
explosive was used, displayed or unlawfully possessed by the person, the court
shall order the article forfeited and sold within one year after its forfeiture
to any business that is authorized to receive and dispose of the article under
federal and state law and that shall sell the article to the public according
to federal and state law, unless the article is otherwise prohibited from being
sold under federal and state law, in which case it shall be destroyed or
otherwise properly disposed.

B. On the conviction of any person for a violation
of section 13-2904, subsection A, paragraph 6 or section 13-3102,
subsection A, paragraph 1
, 2
or
8
9
, the court may order the forfeiture of the deadly
weapon or dangerous instrument involved in the offense.

C. If at any time the court finds pursuant to rule
11 of the Arizona rules of criminal procedure that a person who is charged with
a violation of this title is incompetent, the court shall order that any deadly
weapon, dangerous instrument or explosive used, displayed or unlawfully
possessed by the person during the commission of the alleged offense be
forfeited and sold within one year after its forfeiture to any business that is
authorized to receive and dispose of the article under federal and state law
and that shall sell the article to the public according to federal and state
law, unless the article is otherwise prohibited from being sold under federal
and state law, in which case it shall be destroyed or otherwise properly
disposed.
END_STATUTE

Sec. 7. Section 13-3112, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-3112.

Concealed weapons; qualification; application; permit to carry;
civil penalty; report; applicability; annual report

A. The department of public safety shall issue a
permit to carry a concealed weapon to a person who is qualified under this
section. The person shall carry the permit at all times when the
person is in actual possession of the concealed weapon and is required by
section 4-229 or 4-244 to carry the permit. If the
person is in actual possession of the concealed weapon and is required by
section 4-229 or 4-244 to carry the permit, the person shall
present the permit for inspection to any law enforcement officer on
request. The department of public safety shall prioritize
applications of in-state residents when issuing a permit to carry a concealed
weapon.

B. The permit of a person who is arrested or
indicted for an offense that would make the person unqualified under section 13-3101,
subsection A, paragraph 7 or this section shall be immediately suspended and
seized. The permit of a person who becomes unqualified on conviction
of that offense shall be revoked. The permit shall be restored on
presentation of documentation from the court if the permittee is found not
guilty or the charges are dismissed. The permit shall be restored on
presentation of documentation from the county attorney that the charges against
the permittee were dropped or dismissed.

C. A permittee who
carries a concealed weapon, who is required by section 4-229 or 4-244
to carry a permit and who fails to present the permit for inspection on the
request of a law enforcement officer commits a violation of this subsection and
is subject to a civil penalty of not more than $300. The department
of public safety shall be notified of all violations of this subsection and
shall immediately suspend the permit.
The permittee shall
present the permit to the law enforcement agency or the court. On notification
of the presentation of the permit, the department shall restore the permit.
A
permittee shall not be convicted of a violation of this subsection if the
permittee produces to the court a legible permit that is issued to the
permittee and that was valid at the time the permittee failed to present the
permit for inspection.

D. A law enforcement officer shall not confiscate or
forfeit a weapon that is otherwise lawfully possessed by a permittee whose
permit is suspended pursuant to subsection C of this section, except that a law
enforcement officer may take temporary custody of a firearm during an
investigatory stop of the permittee.

E. The department of public safety shall issue a
permit to an applicant who meets all of the following conditions:

1. Is a resident of this state or a United States
citizen.

2. Is twenty-one years of age or older or is
at least nineteen years of age and provides evidence of current military
service or proof of honorable discharge or general discharge under honorable
conditions from the United States armed forces, the United States armed forces
reserve or a state national guard.

3. Is not under indictment for and has not been
convicted in any jurisdiction of a felony unless that conviction has been
expunged, set aside or vacated or the applicant's rights have been restored and
the applicant is currently not a prohibited possessor under state or federal
law.

4. Does not suffer from mental illness and has not
been adjudicated mentally incompetent or committed to a mental institution.

5. Is not unlawfully present in the United States.

6. Has ever demonstrated competence
with a firearm as prescribed by subsection N of this section and provides
adequate documentation that the person has satisfactorily completed a training
program or demonstrated competence with a firearm in any state or political
subdivision in the United States. For the purposes of this
paragraph, "adequate documentation" means:

(a) A current or expired permit issued
by the department of public safety pursuant to this section.

(b) An original or copy of a
certificate, card or document that shows the applicant has ever completed any
course or class prescribed by subsection N of this section or an affidavit from
the instructor, school, club or organization that conducted or taught the
course or class attesting to the applicant's completion of the course or class.

(c) An original or a copy of a United
States department of defense form 214 (DD-214) indicating an honorable
discharge or general discharge under honorable conditions, a certificate of
completion of basic training or any other document demonstrating proof of the
applicant's current or former service in the United States armed forces as
prescribed by subsection N, paragraph 5 of this section.

(d) An original or a copy of a
concealed weapon, firearm or handgun permit or a license as prescribed by
subsection N, paragraph 6 of this section.

6. HAS EVER SATISFACTORILY COMPLETED
A FIREARMS SAFETY TRAINING PROGRAM AUTHORIZED BY THE DEPARTMENT OF PUBLIC
SAFETY PURSUANT TO SUBSECTION N OF THIS SECTION AND PROVIDES ADEQUATE
DOCUMENTATION THAT THE AUTHORIZED TRAINING PROGRAM WAS SATISFACTORILY
COMPLETED. FOR THE PURPOSES OF THIS PARAGRAPH, "ADEQUATE
DOCUMENTATION" MEANS:

(
a
) A
CERTIFICATE, CARD OR DOCUMENT OF COMPLETION FROM A FIREARMS SAFETY TRAINING
PROGRAM AUTHORIZED PURSUANT TO SUBSECTION N OF THIS SECTION that is DATED NOT
MORE THAN FIVE YEARS EARLIER THAN THE DATE OF APPLICATION and THAT HAS AFFIXED
TO IT THE STAMP, SIGNATURE OR SEAL OF THE INSTRUCTOR OR ORGANIZATION THAT
CONDUCTED THE PROGRAM.

(
b
) A CURRENT
OR EXPIRED PERMIT ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO THIS
SECTION.

(
c
) AN ORIGINAL
OR A COPY OF A UNITED STATES DEPARTMENT OF DEFENSE FORM 214 (DD-214) INDICATING
AN HONORABLE DISCHARGE OR GENERAL DISCHARGE UNDER HONORABLE CONDITIONS, A
CERTIFICATE OF COMPLETION OF BASIC TRAINING OR ANY OTHER DOCUMENT DEMONSTRATING
PROOF OF THE APPLICANT'S CURRENT OR FORMER SERVICE IN THE UNITED STATES ARMED
FORCES.

(
d
) AN ORIGINAL
OR A COPY OF A CONCEALED WEAPON, FIREARM OR HANDGUN PERMIT THAT IS ISSUED BY
ANOTHER STATE OR A POLITICAL SUBDIVISION OF ANOTHER STATE pursuant to
subsection s of this section AND THAT HAS A TRAINING OR TESTING REQUIREMENT FOR
INITIAL ISSUANCE.

F. The application shall be completed on a form
prescribed by the department of public safety. The form shall not
require the applicant to disclose the type of firearm for which a permit is
sought. The applicant shall attest under penalty of perjury that all
of the statements made by the applicant are true, that the applicant has been
furnished a copy of this chapter and chapter 4 of this title and that the
applicant is knowledgeable about the provisions contained in those
chapters. The applicant shall submit the application to the
department with any documentation prescribed by subsection E of this section,
two sets of fingerprints and a reasonable fee determined by the director of the
department.

G. On receipt of a concealed weapon permit
application, the department of public safety shall conduct a check of the
applicant's criminal history record pursuant to section 41-1750. The
department of public safety may exchange fingerprint card information with the
federal bureau of investigation for federal criminal history record checks.

H. The department of public safety shall complete
all of the required qualification checks within sixty days after receiving the
application and shall issue a permit within fifteen working days after
completing the qualification checks if the applicant meets all of the
conditions specified in subsection E of this section. If a permit is
denied, the department of public safety shall notify the applicant in writing
within fifteen working days after completing all of the required qualification
checks and shall state the reasons why the application was
denied. On receipt of the notification of the denial, the applicant
has twenty days to submit any additional documentation to the
department. On receipt of the additional documentation, the
department shall reconsider its decision and inform the applicant within twenty
days of the result of the reconsideration. If denied, the applicant
shall be informed that the applicant may request a hearing pursuant to title
41, chapter 6, article 10. For the purposes of this subsection,
"receiving the application" means the first day that the department
has physical control of the application and that is presumed to be on the date
of delivery as evidenced by proof of delivery by the United States postal
service or a written receipt, which shall be provided by the department on
request of the applicant.

I. On issuance, a permit is valid for five years,
except a permit that is held by a member of the United States armed forces,
including a member of the Arizona national guard or a member of the reserves of
any military establishment of the United States, who is on federal active duty
and who is deployed overseas shall be extended until ninety days after the end
of the member's overseas deployment.

J. The department of public safety shall 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 is
contacted by a law enforcement officer and who claims to hold a valid permit
issued by this state. This information and any other records that
are maintained regarding applicants, permit holders or instructors shall not be
available to any other person or entity except on an order from a state or
federal court. A criminal justice agency shall not use the
computerized permit record system to conduct inquiries on whether a person is a
concealed weapons permit holder unless the criminal justice agency has
reasonable suspicion to believe the person is carrying a concealed weapon and
the person is subject to a lawful criminal investigation, arrest, detention or
investigatory stop.

K. A permit issued pursuant to this section is
renewable every five years. At least sixty days before the
expiration date of a permit, the department of public safety shall send a
renewal reminder notice and renewal application form to the permit
holder. Before a permit may be renewed, a criminal history records
check shall be conducted pursuant to section 41-1750 within sixty days
after receipt of the application for renewal. For the purposes of
permit renewal, the permit holder is not required to submit additional
fingerprints.

L. Applications for renewal shall be accompanied by
a fee determined by the director of the department of public safety.

M. The department of public safety shall suspend or
revoke a permit issued under this section if the permit holder becomes
ineligible pursuant to subsection E of this section. The department
of public safety shall notify the permit holder in writing within fifteen
working days after the revocation or suspension and shall state the reasons for
the revocation or suspension.

N. An applicant shall demonstrate
competence with a firearm through any of the following:

1. Completion of any firearms safety
or training course or class that is available to the general public, that is
offered by a law enforcement agency, a junior college, a college or a private
or public institution, academy, organization or firearms training school and
that is approved by the department of public safety or that uses instructors
who are certified by the national rifle association.

2. Completion of any hunter education
or hunter safety course approved by the Arizona game and fish department or a
similar agency of another state.

3. Completion of any national rifle
association firearms safety or training course.

4. Completion of any law enforcement
firearms safety or training course or class that is offered for security
guards, investigators, special deputies or other divisions or subdivisions of
law enforcement or security enforcement and that is approved by the department
of public safety.

5. Evidence of current military
service or proof of honorable discharge or general discharge under honorable
conditions from the United States armed forces.

6. A valid current or expired
concealed weapon, firearm or handgun permit or license that is issued by
another state or a political subdivision of another state and that has a
training or testing requirement for initial issuance.

7. Completion of any governmental
police agency firearms training course and qualification to carry a firearm in
the course of normal police duties.

8. Completion of any other firearms
safety or training course or class that is conducted by a department of public
safety approved or national rifle association certified firearms instructor.

N. AN ORGANIZATION SHALL APPLY TO THE
DEPARTMENT OF PUBLIC SAFETY FOR AUTHORIZATION TO PROVIDE FIREARMS SAFETY
TRAINING.� THE DEPARTMENT SHALL AUTHORIZE AN ENTITY TO PROVIDE FIREARMS SAFETY
TRAINING IF THE TRAINING MEETS all of THE FOLLOWING REQUIREMENTS:

1. IS AT LEAST EIGHT HOURS IN LENGTH.

2. IS CONDUCTED ON A PASS OR FAIL
BASIS.

3. ADDRESSES ALL OF THE FOLLOWING
TOPICS IN A FORMAT APPROVED BY THE DIRECTOR OF THE DEPARTMENT:

(
a
) LEGAL
ISSUES RELATING TO THE USE OF DEADLY FORCE.

(
b
) WEAPON CARE
AND MAINTENANCE.

(
c
) MENTAL
CONDITIONING FOR THE USE OF DEADLY FORCE.

(
d
) SAFE
HANDLING AND STORAGE OF WEAPONS.

(
e
) MARKSMANSHIP.

(
f
) JUDGMENTAL
SHOOTING.

(
g
) LIVE FIRING
OF THE FIREARM UNDER THE SUPERVISION OF A QUALIFIED INSTRUCTOR.

4. IS CONDUCTED BY INSTRUCTORS WHO
ARE AUTHORIZED BY THE DEPARTMENT OF PUBLIC SAFETY AND WHO SUBMIT TO A
BACKGROUND INVESTIGATION, INCLUDING A CHECK FOR WARRANTS AND A CRIMINAL HISTORY
RECORDS CHECK.

O. IF AUTHORIZED PURSUANT TO
SUBSECTION N OF THIS SECTION, THE ORGANIZATION ON BEHALF OF EACH OF ITS
INSTRUCTORS SHALL SUBMIT TO THE DEPARTMENT OF PUBLIC SAFETY TWO SETS OF
FINGERPRINTS AND A FEE TO BE DETERMINED BY THE DIRECTOR OF THE DEPARTMENT OF
PUBLIC SAFETY.� ON RECEIPT OF THE FINGERPRINTS AND FEE, THE DEPARTMENT OF
PUBLIC SAFETY SHALL CONDUCT A CHECK OF EACH INSTRUCTOR'S CRIMINAL HISTORY
RECORD PURSUANT TO SECTION 41-1750.� THE DEPARTMENT OF PUBLIC SAFETY MAY
EXCHANGE THIS FINGERPRINT CARD INFORMATION WITH THE FEDERAL BUREAU OF
INVESTIGATION for FEDERAL CRIMINAL HISTORY RECORD CHECKS.

p. IF THE DEPARTMENT OF PUBLIC SAFETY
REJECTS A PROGRAM, THE REJECTED ORGANIZATION MAY REQUEST A HEARING PURSUANT TO
TITLE 41, CHAPTER 6, ARTICLE 10.

O.

Q.
The
department of public safety shall maintain information comparing the number of
permits requested, the number of permits issued and the number of permits
denied. The department shall annually report this information
electronically to the governor and the legislature.

P.

R.
The
director of the department of public safety shall adopt rules for the purpose
of implementing and administering
this section

�the concealed weapons permit program
including fees relating
to permits that are issued pursuant to this section.

Q.

S.
This
state and any political subdivision of this state shall recognize a concealed
weapon, firearm or handgun permit or license that is issued by another state or
a political subdivision of another state if both:

1. The permit or license is recognized as valid in
the issuing state.

2. The permit or license holder is all of the
following:

(a) Legally present in this state.

(b) Not legally prohibited from possessing a firearm
in this state.

R.

T.
For
the purpose of establishing mutual permit or license recognition with other
states, the department of public safety shall enter into a written agreement if
another state requires a written agreement.� The department of public safety
shall submit an electronic report to the governor and the legislature each year
that includes any changes that were made in the previous year to a written
agreement with another state.

S.

U.
Notwithstanding
the provisions of this section, a person with a concealed weapons permit from
another state may not carry a concealed weapon in this state if the person is
under twenty-one years of age or is under indictment for, or has been
convicted of, a felony offense in any jurisdiction, unless that conviction is
expunged, set aside or vacated or the person's rights have been restored and
the person is currently not a prohibited possessor under state or federal law.

T.

V.
The
department of public safety may issue certificates of firearms proficiency
according to the Arizona peace officer standards and training board firearms
qualification for the purposes of implementing the law enforcement officers
safety act of 2004 (P.L. 108-277; 118 Stat. 865; 18 United States Code
sections 926B and 926C). A law enforcement or prosecutorial agency
shall issue to a qualified retired law enforcement officer who has honorably
retired a photographic identification that states that the officer has
honorably retired from the agency. A person who was a municipal,
county or state prosecutor is deemed to meet the qualifications of 18 United
States Code section 926C(c)(2). The chief law enforcement officer
shall determine whether an officer has honorably retired and the determination
is not subject to review. A law enforcement or prosecutorial agency
has no obligation to revoke, alter or modify the honorable discharge
photographic identification based on conduct that the agency becomes aware of
or that occurs after the officer has separated from the agency. For
the purposes of this subsection, "qualified retired law enforcement
officer" has the same meaning prescribed in 18 United States Code section
926C.

U.

W.
The
initial and renewal application fees collected pursuant to this section shall
be deposited, pursuant to sections 35-146 and 35-147, in the
concealed weapons permit fund established by section 41-1722.

V.

X.
On
or before July 31 of each year, the department of public safety shall report to
the joint legislative budget committee on the number of concealed weapons
permits issued in the prior fiscal year. The report shall also
include the number of outstanding concealed weapons permit applications that
have not been issued and the average turnaround time to issue a concealed
weapons permit.
END_STATUTE

Sec. 8. Section 13-3118, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-3118.

Possession, transfer or storage of firearms; restrictions
prohibited; exceptions

A. Except for the legislature, this state and any
agency or political subdivision of this state shall not enact or implement any
law, rule or ordinance relating to the possession, transfer or storage of
firearms other than as provided in statute.

B. This section does not prohibit:

1. A state, county or municipal judicial department,
law enforcement agency or prosecutorial agency from prohibiting a deadly weapon
pursuant to section 13-3102, subsection A, paragraph
10
11
.

2. A political subdivision of this state from
enacting any rule or ordinance requiring a business that obtains a secondhand
firearm by purchase, trade or consignment to retain the firearm for a period of
not more than ten days at its place of business or another storage location
that is approved by the applicable law enforcement agency.
END_STATUTE

Sec. 9. Section 13-4401.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4401.01.

Victims' rights for neighborhood associations

A. A neighborhood association may register with the
city, town or county in which the neighborhood association is located to invoke
the rights that are afforded pursuant to this
article
chapter
. The city, town or county shall establish
procedures for the registration of neighborhood associations pursuant to this
section. The procedures shall require the neighborhood association
to provide to the city, town or county the name and telephone number of one
person who shall act on behalf of the neighborhood association and who may
receive notice or invoke rights pursuant to this section. The
neighborhood association shall notify the city, town or county of any changes
to this information. If the neighborhood association fails to keep
this information current, the neighborhood association is deemed to have waived
its rights under this section.

B. Notwithstanding any law to the contrary, if a
person commits an act in violation of section 13-1602, subsection A,
paragraph 5, section 13-3102, subsection A, paragraph
9
10
, section 13-3201 or 13-3204, section 13-3208,
subsection B or section 13-3209, 13-3405, 13-3407, 13-3408,
13-3409, 13-3421 or 13-4702, a neighborhood association that
is registered with a city, town or county pursuant to subsection A of this
section may receive notice or may invoke rights pursuant to the following
sections:

1. Section 13-4409.

2. Section 13-4420.

3. Section 13-4426.

C. Sections 13-4428, 13-4434 and 13-4436
apply to all matters in which a neighborhood association invokes rights under
this section.

D. If the neighborhood association wishes to invoke
victims' rights for a crime as prescribed in subsection B of this section that
resulted in an arrest, the person who is registered with the city, town or
county pursuant to subsection A of this section shall contact the law
enforcement agency responsible for the arrest. The law enforcement
agency shall fill out the form prescribed by section 13-4405.� Thereafter
the neighborhood association, through the contact person, shall be afforded all
of the rights listed under subsection B of this section.
END_STATUTE

Sec. 10. Section 13-4903, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4903.

Use of force; armed nuclear security guards

A. An armed nuclear security guard is justified in
using physical force against another person at a commercial nuclear generating
station or structure or fenced yard of a commercial nuclear generating station
if the armed nuclear security guard reasonably believes that such force is
necessary to prevent or terminate the commission or attempted commission of
criminal damage under section 13-1602, subsection A, paragraph 3 and
subsection B, paragraph 1 or 2, misconduct involving weapons under section 13-3102,
subsection A, paragraph
13

14
or
criminal trespass on a commercial nuclear generating station under section 13-4902.

B. Notwithstanding sections 13-403, 13-404,
13-405, 13-406, 13-408, 13-409, 13-410 and 13-411,
an armed nuclear security guard is justified in using physical force up to and
including deadly physical force against another person at a commercial nuclear
generating station or structure or fenced yard of a commercial nuclear
generating station if the armed nuclear security guard reasonably believes that
such force is necessary to:

1. Prevent the commission of manslaughter under
section 13-1103, second or first degree murder under section 13-1104
or 13-1105, aggravated assault under section 13-1204, subsection A,
paragraph 1 or 2, kidnapping under section 13-1304, burglary in the
second or first degree under section 13-1507 or 13-1508, arson of a
structure or property under section 13-1703, arson of an occupied
structure under section 13-1704, armed robbery under section 13-1904
or an act of terrorism under section 13-2308.01.

2. Defend oneself or a third person from the use or
imminent use of deadly physical force.

C. Notwithstanding any other provision of this
chapter, an armed nuclear security guard is justified in threatening to use
physical or deadly physical force if and to the extent a reasonable armed
nuclear security guard believes it necessary to protect oneself or others
against another person's potential use of physical force or deadly physical
force.

D. An armed nuclear security guard is not subject to
civil liability for engaging in conduct that is otherwise justified pursuant to
this chapter.
END_STATUTE

Sec. 11. Section 13-4904, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-4904.

Detention authority; armed nuclear security guards

A. An armed nuclear security guard, with reasonable
belief, may detain in or on a commercial nuclear generating station or a
structure or fenced yard of a commercial nuclear generating station in a
reasonable manner and for a reasonable time any person who is suspected of
committing or attempting to commit manslaughter under section 13-1103,
second or first degree murder under section 13-1104 or 13-1105,
aggravated assault under section 13-1204, subsection A, paragraph 1 or 2,
kidnapping under section 13-1304, burglary in the second or first degree
under section 13-1507 or 13-1508, criminal damage under section 13-1602,
subsection A, paragraph 3 and subsection B, paragraph 1 or 2, arson of a
structure or property under section 13-1703, arson of an occupied
structure under section 13-1704, armed robbery under section 13-1904,
an act of terrorism under section 13-2308.01, misconduct involving
weapons under section 13-3102, subsection A, paragraph
13

14
or criminal trespass on a commercial nuclear
generating station under section 13-4902 for the purpose of summoning a
law enforcement officer.

B. Reasonable belief of an armed nuclear security
guard is a defense to a civil or criminal action against an armed nuclear
security guard for false arrest, false or unlawful imprisonment or wrongful
detention.
END_STATUTE

Sec. 12. Section 15-515, Arizona Revised
Statutes, is amended to read:

START_STATUTE
15-515.

Duty to report violations occurring on school premises

All school personnel who observe a violation of section 13-3102,
subsection A, paragraph
12

13
or
section 13-3111 on school premises shall immediately report the violation
to the school administrator. The administrator shall immediately
report the violation to a peace officer. The peace officer shall
report this violation to the department of public safety for inclusion in the
statewide and federal uniform crime reports prescribed in section 41-1750,
subsection A, paragraph 2.
END_STATUTE