misconduct involving weapons; instigation

HB2864 - 572R - I Ver

REFERENCE TITLE:
misconduct involving weapons; instigation

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2864

Introduced by

Representatives
Hernandez L: Tsosie

AN
ACT

amending section 13-3102, 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 13-3102, 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 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. 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. 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. Possessing a deadly weapon or prohibited weapon
if such person is a prohibited possessor; or

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

6. Defacing a deadly weapon; or

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

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

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

12. Possessing a deadly weapon on school grounds; or

13. 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. 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. 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. 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
; or
.

17. Instigating another person to
commit an offense that is listed in paragraph 1 or 8 of this subsection and
that person commits the offense.

B. Subsection A, paragraph 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, 7, 10, 11, 12 and
13 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 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 and 7 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 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 of this section shall
not apply to shooting ranges or shooting events, hunting areas or similar
locations or activities.

H. Subsection A, paragraph 12 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 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 and 13 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 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 of this section is a class 2 felony. Misconduct
involving weapons under subsection A, paragraph 9, 14 or 16 of this section is
a class 3 felony.� Misconduct involving weapons under subsection A, paragraph
3, 4, 8 or 13 of this section is a class 4 felony.� Misconduct involving
weapons under subsection A, paragraph 12 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, subdivision (a) of this section or subsection A, paragraph 5, 6 or
7 of this section is a class 6 felony.� Misconduct involving weapons under
subsection A, paragraph 1, subdivision (b) of this section or subsection A,
paragraph 10 or 11 of this section is a class 1 misdemeanor.� Misconduct
involving weapons under subsection A, paragraph 2
or 17
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.
"Instigating
" means encouraging or directing another person to commit a crime
or to engage in an act that is likely to result in a crime.

2.

3.
"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.

4.
"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.

5.
"School"
means a public or nonpublic kindergarten program, common school or high school.

5.

6.
"School
grounds" means in, or on the grounds of, a school.
END_STATUTE