Purpose

Requires licensed firearms dealers to post notices regarding transfer of weapons to prohibited possessors and requires law enforcement agencies to trace firearms used in crimes.

Background

Arizona law prohibits certain individuals from possessing firearms. Prohibited possessors include persons found to be a danger to self or others, persons who have been convicted of a felony and have not had their civil right to possess or carry a firearm restored, persons who are serving a term of imprisonment, and persons who are serving a term of probation pursuant to a conviction for a domestic violence offense or a felony offense.

Because prohibited possessors cannot legally purchase firearms, they sometimes use a "straw purchaser" to purchase a firearm. A straw purchase occurs when the actual buyer, often a prohibited possessor, uses another person to purchase a firearm on behalf of the actual buyer. Straw purchases place the straw purchaser and the actual buyer in violation of law.

The amendment to H.B. 2329 increases some penalties relating to misconduct involving weapons, requires licensed firearms dealers to post a notice regarding the penalties for transferring a deadly weapon to a prohibited possessor and requires law enforcement to complete firearm tracing if legal ownership of the firearm cannot be established through any other means.

Any potential fiscal impact to the state is undeterminable.

Provisions

1. Increases the penalty for the following misconduct involving weapons from a class 6 felony to a class 5 felony:

a) selling or transferring a deadly weapon to a prohibited possessor.

b) defacing a deadly weapon.

c) possessing a defaced deadly weapon knowing the deadly weapon was defaced.

2. Requires a licensed firearms dealer to post notice within clear view of the purchaser that states that is a class 5 felony to sell or transfer a deadly weapon to a person who is a prohibited possessor of deadly weapons.

3. Creates a new class 2 misdemeanor for a licensed firearms dealer who fails to post the notice, receives notice of noncompliance with posting requirements, and fails to post notice within 30 days after receiving notice of noncompliance.

4. Requires a law enforcement agency that recovers a firearm used in the commission of a criminal offense to complete a firearm trace to the U.S. Bureau of Alcohol, Tobacco and Firearms (ATF), unless the legal ownership of the firearm can be established through any means other than a trace.

5. Requires the law enforcement agency to provide the ATF with the firearm's make, model and serial number and the location at which the firearm came into the possession of the law enforcement agency.

6. Provides for a general effective date.

SR/ac