firearms; destruction by state

SB1359 - 572R - I Ver

REFERENCE TITLE:
firearms; destruction by state

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1359

Introduced by

Senators
Kuby: Alston, Gabald�n, Hatathlie, Miranda, Ortiz;� Representatives Garcia,
Gutierrez, M�rquez, Sandoval, Stahl Hamilton

AN
ACT

amending sections 12-945 and 13-3108,
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 12-945, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-945.

Sale of property; firearm destruction

A.
If after thirty days' notice
has been given the owner or person entitled to the property has not taken it
away, the property may be sold.� The proceeds shall be paid to the general fund
of the jurisdiction from which the unclaimed property was received.

B. Notwithstanding subsection A of this section, if
the property is a firearm, the agency shall sell the firearm to any business
that is authorized to receive and dispose of the firearm under federal and
state law and that shall sell the firearm to the public according to federal
and state law, unless the firearm is otherwise prohibited from being sold under
federal and state law.� A law enforcement agency may trade a firearm that it
has retained to a federal firearms licensed business for ammunition, weapons,
equipment or other materials to be exclusively used for law enforcement
purposes.

C. This section does not prohibit
this state, any agency or political subdivision of this state or any law
enforcement agency in this state from destroying or facilitating the
destruction of a firearm, ammunition or any firearm or ammunition component or
related accessory.
END_STATUTE

Sec. 2. Section 13-3108, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-3108.

Firearms regulated by state; state preemption; injunction; civil
penalty; cause of action; violation; classification; definition

A. Except as provided in subsection
G

F
of this section, a political subdivision of this state
shall not enact any ordinance, rule or tax relating to the transportation,
possession, carrying, sale, transfer, purchase, acquisition, gift, devise,
storage, licensing, registration, discharge or use of firearms or ammunition or
any firearm or ammunition components or related accessories in this state.

B. A political subdivision of this state shall not
require the licensing or registration of firearms or ammunition or any firearm
or ammunition components or related accessories or prohibit the ownership,
purchase, sale or transfer of firearms or ammunition or any firearm or
ammunition components, or related accessories.

C. A political subdivision of this state shall not
require or maintain a record in any form, whether permanent or temporary,
including a list, log or database, of any of the following:

1. Any identifying information of a person who
leaves a weapon in temporary storage at any public establishment or public
event, except that the operator of the establishment or the sponsor of the
event may require that a person provide a government issued identification or a
reasonable copy of a government issued identification for the purpose of
establishing ownership of the weapon.� The operator or sponsor shall store any
provided identification with the weapon and shall return the identification to
the person when the weapon is retrieved. The operator or sponsor
shall not retain records or copies of any identification provided pursuant to
this paragraph after the weapon is retrieved.

2. Except in the course of a law enforcement
investigation, any identifying information of a person who owns, possesses,
purchases, sells or transfers a firearm.

3. The description, including the serial number, of
a weapon that is left in temporary storage at any public establishment or
public event.

D. A political subdivision of this state shall not
enact any rule or ordinance that relates to firearms and is more prohibitive
than or that has a penalty that is greater than any state law
penalty. A political subdivision's rule or ordinance that relates to
firearms and that is inconsistent with or more restrictive than state law,
whether enacted before or after July 29, 2010, is null and void.

E. A political subdivision of this state shall not
enact any ordinance, rule or regulation limiting the lawful taking of wildlife
during an open season established by the Arizona game and fish commission
unless the ordinance, rule or regulation is consistent with title 17 and rules
and orders adopted by the Arizona game and fish commission.� This subsection
does not prevent a political subdivision from adopting an ordinance or rule
restricting the discharge of a firearm within one-fourth mile of an occupied
structure without the consent of the owner or occupant of the structure.� For
the purposes of this subsection:

1. "Occupied structure" means any building
in which, at the time of the firearm's discharge, a reasonable person from the
location where a firearm is discharged would expect a person to be present.

2. "Take" has the same meaning prescribed
in section 17-101.

F. This state, any agency or political
subdivision of this state and any law enforcement agency in this state shall
not facilitate the destruction of a firearm or purchase or otherwise acquire a
firearm for the purpose of destroying the firearm except as authorized by
section 13-3105 or 17-240.

G.

F.
This
section does not prohibit a political subdivision of this state from enacting
and enforcing any ordinance or rule pursuant to state law or relating to any of
the following:

1. Imposing any privilege or use tax on the retail
sale, lease or rental of, or the gross proceeds or gross income from the sale,
lease or rental of, firearms or ammunition or any firearm or ammunition
components at a rate that applies generally to other items of tangible personal
property.

2. Prohibiting a minor who is unaccompanied by a
parent, grandparent or guardian or a certified hunter safety instructor or
certified firearms safety instructor acting with the consent of the minor's
parent, grandparent or guardian from knowingly possessing or carrying on the
minor's person, within the minor's immediate control or in or on a means of
transportation a firearm in any place that is open to the public or on any
street or highway or on any private property except private property that is
owned or leased by the minor or the minor's parent, grandparent or guardian.�
Any ordinance or rule that is adopted pursuant to this paragraph shall not
apply to a minor who is fourteen, fifteen, sixteen or seventeen years of age
and who is engaged in any of the following:

(a) Lawful hunting or shooting events or
marksmanship practice at established ranges or other areas where the discharge
of a firearm is not prohibited.

(b) Lawful transportation of an unloaded firearm for
the purpose of lawful hunting.

(c) Lawful transportation of an unloaded firearm for
the purpose of attending shooting events or marksmanship practice at
established ranges or other areas where the discharge of a firearm is not
prohibited.

(d) Any activity that is related to the production
of crops, livestock, poultry, livestock products, poultry products or ratites
or storage of agricultural commodities.

3. The regulation of commercial land and structures,
including a business relating to firearms or ammunition or their components or
a commercial shooting range in the same manner as other commercial businesses.
Notwithstanding any other law, this paragraph does not:

(a) Authorize a political subdivision to regulate
the sale or transfer of firearms on property it owns, leases, operates or
controls in a manner that is different than or inconsistent with state
law. For the purposes of this subdivision, a use permit or other
contract that provides for the use of property owned, leased, operated or
controlled by a political subdivision shall not be considered a sale,
conveyance or disposition of property.

(b) Authorize a political subdivision through a
zoning ordinance to prohibit or otherwise regulate the otherwise lawful
discharge of a firearm or maintenance or improvements directly related to the
discharge on a private lot or parcel of land that is not open to the public on
a commercial or membership basis.

(c) Authorize a political subdivision to regulate
the otherwise lawful discharge of a firearm or maintenance or improvements
directly related to the discharge on land that is used for agriculture or other
noncommercial purposes.

4. Regulating employees or independent contractors
of the political subdivision who are acting within the course and scope of
their employment or contract. For the purposes of this paragraph,
acting within the course and scope of their employment or contract does not
include the lawful possession, carrying, transporting or storing of a firearm
or other weapon:

(a) On real property that is owned by the employee
or independent contractor.

(b) In or on a private vehicle or craft that is
owned or operated by the employee or independent contractor unless the
ordinance or rule violates another applicable federal or state law or
regulation.

(c) Pursuant to section 12-781.

5. Limiting or prohibiting the discharge
of firearms in parks and preserves except:

(a) As allowed pursuant to
chapter 4 of this title.

(b) On a properly
supervised range as defined in section 13-3107.

(c) In an area
approved
as
a hunting area by the Arizona game and fish
department.� Any such area may be closed when deemed unsafe by the director of
the Arizona game and fish department.

(d) To control nuisance
wildlife by permit from the Arizona game and fish department or the United
States fish and wildlife service.

(e) By special permit of
the chief law enforcement officer of the political subdivision.

(f) As required by an
animal control officer in performing duties specified in section 9-499.04
and title 11, chapter 7, article 6.

(g) In self-defense or defense of another
person against an animal attack if a reasonable person would believe that
deadly physical force against the animal is immediately necessary and
reasonable under the circumstances to protect oneself or the other person.

H.
G.
Any
ordinance, regulation, tax or rule that is enacted by a political subdivision
in violation of this section is invalid and subject to a permanent injunction
against the political subdivision from enforcing the ordinance, regulation, tax
or rule. It is not a defense that the political subdivision was
acting in good faith or on the advice of counsel.

I.

H.
If
a court determines that a political subdivision has knowingly and wilfully
violated this section, the court may assess a civil penalty of up to
fifty thousand dollars

$50,000
against the
political subdivision.

J.

I.
If
a court determines that a person has knowingly and wilfully violated this
section while acting in the person's official capacity through enactment of any
ordinance, regulation, tax, measure, directive, rule, enactment, order or
policy, the person may be subject to termination from employment to the extent
allowable under state law.

K.

J.
A
person or an organization whose membership is adversely affected by any
ordinance, regulation, tax, measure, directive, rule, enactment, order or
policy that is in violation of this section may file a civil action for
declaratory and injunctive relief and actual damages against the political
subdivision in any court of this state having jurisdiction over any defendant
in the action.� If the plaintiff prevails in the action, the court shall award
both:

1. Reasonable attorney fees and costs.

2. The actual damages incurred not to exceed
one hundred thousand dollars

$100,000
.

L.

K.
A
violation of any ordinance established pursuant to subsection
G

F
, paragraph 5 of this section is a class 2 misdemeanor
unless the political subdivision designates a lesser classification by
ordinance.

M.

L.
For
the purposes of this section, "political subdivision" includes a
political subdivision acting in any capacity, including under police power, in
a proprietary capacity or otherwise.
END_STATUTE