prohibited weapons; machine guns

HB2571 - 572R - I Ver

REFERENCE TITLE:
prohibited weapons; machine guns

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2571

Introduced by

Representative
M�rquez

AN
ACT

AMENDING SECTIONs 13-925, 13-3101,
13-3110 and 13-3112, ARIZONA REVISED STATUTES; RELATING TO WEAPONS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 13-925, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-925.

Restoration of right to possess a firearm; mentally ill persons;
petition

A. A person may petition the court that entered an
order, finding or adjudication that resulted in the person being a prohibited
possessor as defined in section 13-3101, subsection A, paragraph
7
8
, subdivision (a) or subject to
18 United States Code section 922(d)(4) or (g)(4) to restore the person's right
to possess a firearm.

B. The person or the person's guardian or attorney
may file the petition.� The petition shall be served on the attorney for the
state who appeared in the underlying case.

C. On the filing of the petition the court shall set
a hearing.� At the hearing, the person shall present psychological or
psychiatric evidence in support of the petition.� The state shall provide the
court with the person's criminal history records, if any.� The court shall
receive evidence on and consider the following before granting or denying the
petition:

1. The circumstances that resulted in the person
being a prohibited possessor as defined in section 13-3101, subsection A,
paragraph
7
8
, subdivision (a)
or subject to 18 United States Code section 922(d)(4) or (g)(4).

2. The person's record, including the person's
mental health record and criminal history record, if any.

3. The person's reputation based on character
witness statements, testimony or other character evidence.

4. Whether the person is a danger to self or others
or has
a
persistent, acute or grave
disabilities

disability
or whether the circumstances that led to the
original order, adjudication or finding remain in effect.

5. Any change in the person's condition or
circumstances that is relevant to the relief sought.

6. Any other evidence deemed admissible by the
court.

D. The petitioner shall prove by clear and
convincing evidence both of the following:

1. The petitioner is not likely to act in a manner
that is dangerous to public safety.

2. Granting the requested relief is not contrary to
the public interest.

E. At the conclusion of the hearing, the court shall
issue findings of fact and conclusions of law.

F. If the court grants the petition for relief, the
original order, finding or adjudication is deemed not to have occurred for the
purposes of applying section 13-3101, subsection A, paragraph
7
8
, subdivision (a), Public Law 110-180,
section 105(a) or 18 United States Code section 922(d)(4) or (g)(4) to that
person.

G. The granting of a petition under this section
only restores the person's right to possess a firearm and does not apply to and
has no effect on any other rights or benefits the person receives.

H. The court shall promptly notify the supreme court
and the department of public safety of an order granting a petition under this
section. As soon thereafter as practicable the supreme court and the
department shall update, correct, modify or remove the person's record in any
database that the supreme court or the department maintains and makes available
to the national instant criminal background check system consistent with the
rules pertaining to the database.� Within ten business days after receiving the
notification from the court, the department shall notify the United States
attorney general that the person no longer falls within the provisions of
section 13-3101, subsection A, paragraph
7
8
, subdivision (a) or 18 United States Code section 922(d)(4)
or (g)(4).
END_STATUTE

Sec. 2. 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.
"MACHINE
gun":

(
a
) Means a
weapon that shoots, is designed to shoot or can readily be restored to shoot
automatically more than one shot, without manual reloading, by a single
function of the trigger.

(
b
) Includes:

(
i
) The frame
or receiver of any such weapon.

(
ii
) Any part
that is designed and intended solely and exclusively, or any combination of
parts that are designed and intended, for use in converting a weapon into a
machine gun.

(
iii
) Any
combination of parts from which a machine gun can be assembled if such parts
are in the possession or under the control of a person.

(
c
) Does not
include items that are not required to be registered in the national firearms
REGISTRATION and transfer record that is maintained by the bureau of alcohol,
tobacco, FIREARMS and explosives.

6.

7.
"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.

8.
"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.

8.

9.
"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
machine gun
.

(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.

10.
"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
9
, 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. 3. Section 13-3110, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-3110.

Misconduct involving simulated explosive devices; classification;
definition

A. A person commits misconduct involving simulated
explosive devices by intentionally giving or sending to another person or
placing in a private or public place a simulated explosive device with the
intent to terrify, intimidate, threaten or harass.

B. The placing or sending of a simulated explosive
device without written notice attached to the device in a conspicuous place
that the device has been rendered inert and is possessed for the purpose of
curio or relic collection, display or other similar purpose is prima facie
evidence of intent to terrify, intimidate, threaten or harass.

C. Misconduct involving simulated explosive devices
is a class 5 felony.

D. For the purposes of this section, "simulated
explosive device" means a simulation of a prohibited weapon described in
section 13-3101, subsection A, paragraph
8
9
, subdivision (a), item (i), (v) or (vii) that a reasonable
person would believe is such a prohibited weapon.
END_STATUTE

Sec. 4. 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

8
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. 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.

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.

O. 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. The director of the department of public safety
shall adopt rules for the purpose of implementing and administering this
section including fees relating to permits that are issued pursuant to this
section.

Q. 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. 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. 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. 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. 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. 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