Gosar Strongly Opposes Senate Bill 1625

WASHINGTON, D.C. - U.S. Congressman Paul A. Gosar, D.D.S. (AZ-04) released the following statement in strong opposition to Senate Bill 1625, a direct attack on federal constitutional rights: "Twelve radical Democrats in Arizona have introduced shocking legislation, Senate Bill 1625, which would flagrantly violate the Bill of Rights and American civil liberties. Not only do these extremists seek to disarm citizens, leaving them without the ability to defend their families, themselves, or their property, they also directly attack Arizona jobs and the Arizona economy by seeking to unlawfully ban gun manufacturing in Arizona. Arizona is home to Sturm, Ruger & Co. in Prescott, HWP Ammo in Payson, and even larger weapons including Raytheon missiles in Tuscon. and many of the finest gun and ammunition stores in the United States. An attack on one weapon manufacturer is an attack on all. The radical democrats further seek to create a potentially lethal confrontation between lawful gun owners and law enforcement personnel who would foolishly seek to enforce this law if enacted. The proposed law states that lawful gun owners must “surrender” their guns—or else law enforcement will go house to house kicking in doors. This is completely unacceptable and creates a dangerous police-state confrontation with citizens. I strongly oppose this bill, and any effort to violate our civil liberties and I hope those in Arizona who believe in the Bill of Rights fight against this bill." TEXT OF THE BILL REFERENCE TITLE: assault weapons; magazines; prohibition; registration State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020 SB 1625 Introduced by Senators Rios: Alston, Bradley, Contreras, Dalessandro, Gonzales, Mendez,Navarrete, Otondo, Peshlakai, Quezada, Steele AN ACT AMENDING TITLE 13, CHAPTER 31, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-3123; RELATING TO FIREARMS. (TEXT OF BILL BEGINS ON NEXT PAGE) SB 1625 - 1 - 1 Be it enacted by the Legislature of the State of Arizona: 2 Section 1. Title 13, chapter 31, Arizona Revised Statutes, is 3 amended by adding section 13-3123, to read: 4 13-3123. Unlawful manufacture, import, possession, purchase, 5 sale or transfer of assault weapons or large 6 capacity magazines; applicability; registration; 7 civil liability; fees; classification; definitions 8 A. A PERSON, CORPORATION OR OTHER ENTITY MAY NOT MANUFACTURE, 9 IMPORT, POSSESS, PURCHASE, SELL OR TRANSFER ANY ASSAULT WEAPON OR LARGE 10 CAPACITY MAGAZINE. 11 B. SUBSECTION A OF THIS SECTION DOES NOT APPLY TO ANY OF THE 12 FOLLOWING: 13 1. A GOVERNMENT OFFICER, AGENT OR EMPLOYEE, A MEMBER OF THE ARMED 14 FORCES OF THE UNITED STATES OR A PEACE OFFICER TO THE EXTENT THAT THE 15 PERSON IS OTHERWISE AUTHORIZED TO ACQUIRE OR POSSESS AN ASSAULT WEAPON OR 16 LARGE CAPACITY MAGAZINE, OR BOTH, AND DOES SO WHILE ACTING WITHIN THE 17 SCOPE OF THE PERSON'S DUTIES. 18 2. THE MANUFACTURE OF AN ASSAULT WEAPON OR LARGE CAPACITY 19 AMMUNITION FEEDING DEVICE BY A FIREARMS MANUFACTURER FOR THE PURPOSE OF 20 SALE TO ANY BRANCH OF THE ARMED FORCES OF THE UNITED STATES OR TO A LAW 21 ENFORCEMENT AGENCY IN THIS STATE FOR USE BY THAT BRANCH OR AGENCY OR THE 22 BRANCH'S OR AGENCY'S EMPLOYEES IF THE MANUFACTURER IS PROPERLY LICENSED 23 UNDER FEDERAL, STATE AND LOCAL LAWS. 24 3. THE SALE OR TRANSFER OF AN ASSAULT WEAPON OR LARGE CAPACITY 25 AMMUNITION FEEDING DEVICE BY A DEALER THAT IS PROPERLY LICENSED UNDER 26 FEDERAL, STATE AND LOCAL LAWS TO ANY BRANCH OF THE ARMED FORCES OF THE 27 UNITED STATES OR TO A LAW ENFORCEMENT AGENCY IN THIS STATE FOR USE BY THAT 28 BRANCH OR AGENCY OR THE BRANCH'S OR AGENCY'S EMPLOYEES FOR LAW ENFORCEMENT 29 PURPOSES. 30 C. A PERSON WHO WAS LEGALLY IN POSSESSION OF AN ASSAULT WEAPON OR 31 LARGE CAPACITY MAGAZINE ON THE EFFECTIVE DATE OF THIS SECTION AND WHO DOES 32 ANY OF THE FOLLOWING WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS 33 SECTION IS NOT SUBJECT TO PROSECUTION: 34 1. REMOVES THE ASSAULT WEAPON OR LARGE CAPACITY MAGAZINE FROM THIS 35 STATE. 36 2. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE. 37 3. SURRENDERS THE ASSAULT WEAPON OR LARGE CAPACITY MAGAZINE TO THE 38 APPROPRIATE LAW ENFORCEMENT AGENCY FOR DESTRUCTION. 39 4. IF ELIGIBLE, REGISTERS THE ASSAULT WEAPON AS PROVIDED IN 40 SUBSECTION D OF THIS SECTION. 41 D. TO REGISTER AN ASSAULT WEAPON THAT A PERSON LEGALLY POSSESSED 42 BEFORE THE EFFECTIVE DATE OF THIS SECTION, THE PERSON MUST COMPLY WITH THE 43 FOLLOWING REQUIREMENTS: SB 1625 - 2 - 1 1. SUBMIT TO A BACKGROUND CHECK CONDUCTED BY THE APPROPRIATE LAW 2 ENFORCEMENT AGENCY TO CONFIRM THAT THE PERSON IS NOT A PROHIBITED 3 PURCHASER UNDER 18 UNITED STATES CODE SECTION 922 OR A PROHIBITED 4 POSSESSOR PURSUANT TO SECTION 13-3101. 5 2. UNLESS THE PERSON IS CURRENTLY PROHIBITED BY LAW FROM POSSESSING 6 A FIREARM, IMMEDIATELY REGISTER THE ASSAULT WEAPON WITH THE APPROPRIATE 7 LAW ENFORCEMENT AGENCY. 8 3. SAFELY AND SECURELY STORE THE ASSAULT WEAPON PURSUANT TO THE 9 RULES ADOPTED BY THE DEPARTMENT OF PUBLIC SAFETY. 10 4. ANNUALLY RENEW THE REGISTRATION, SUBJECT TO COMPLETING A NEW 11 BACKGROUND CHECK. 12 5. POSSESS THE ASSAULT WEAPON ONLY: 13 (a) ON PROPERTY THAT THE PERSON OWNS OR IMMEDIATELY CONTROLS. 14 (b) WHILE ON THE PREMISES OF A LICENSED GUNSMITH FOR THE PURPOSE OF 15 LAWFUL REPAIR. 16 (c) WHILE ENGAGED IN THE LEGAL USE OF THE ASSAULT WEAPON AT A DULY 17 LICENSED FIRING RANGE. 18 (d) WHILE TRAVELING TO OR FROM LOCATIONS LISTED IN THIS PARAGRAPH 19 IF THE ASSAULT WEAPON IS STORED UNLOADED IN A LOCKED CONTAINER DURING 20 TRANSPORT. FOR THE PURPOSES OF THIS SUBDIVISION, LOCKED CONTAINER DOES 21 NOT INCLUDE THE UTILITY COMPARTMENT, GLOVE COMPARTMENT OR TRUNK OF A MOTOR 22 VEHICLE. 23 6. REPORT THE LOSS OR THEFT OF A REGISTERED ASSAULT WEAPON TO THE 24 APPROPRIATE LAW ENFORCEMENT AGENCY WITHIN FORTY-EIGHT HOURS AFTER THE LOSS 25 OR THEFT IS DISCOVERED OR SHOULD HAVE BEEN DISCOVERED. 26 E. IF A REGISTERED ASSAULT WEAPON IS USED IN THE COMMISSION OF A 27 CRIME, THE REGISTERED OWNER IS CIVILLY LIABLE FOR ANY DAMAGES RESULTING 28 FROM THAT CRIME. THE LIABILITY IMPOSED BY THIS SUBSECTION DOES NOT APPLY 29 IF THE ASSAULT WEAPON WAS STOLEN AND THE REGISTERED OWNER REPORTED THE 30 THEFT OF THE FIREARM TO A LAW ENFORCEMENT AGENCY AS PRESCRIBED IN 31 SUBSECTION D, PARAGRAPH 6 OF THIS SECTION. 32 F. REGISTERED ASSAULT WEAPONS MAY NOT BE PURCHASED, SOLD OR 33 TRANSFERRED, EXCEPT THAT A REGISTERED ASSAULT WEAPON MAY BE TRANSFERRED TO 34 A LICENSED GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR OR TO AN APPROPRIATE 35 LAW ENFORCEMENT AGENCY FOR THE PURPOSE OF SURRENDERING THE ASSAULT WEAPON 36 FOR DESTRUCTION. AN ASSAULT WEAPON THAT IS POSSESSED IN VIOLATION OF THIS 37 SECTION MAY BE DESTROYED UNLESS A COURT OR A COUNTY OR CITY ATTORNEY FINDS 38 OR THE UNITED STATES DEPARTMENT OF JUSTICE DECLARES THAT PRESERVING THE 39 ASSAULT WEAPON IS IN THE INTERESTS OF JUSTICE. 40 G. A PERSON WHO ACQUIRES AN ASSAULT WEAPON BY INHERITANCE, BEQUEST, 41 OR SUCCESSION SHALL DO ONE OF THE FOLLOWING WITHIN NINETY DAYS AFTER 42 ACQUIRING TITLE: 43 1. MODIFY THE ASSAULT WEAPON TO RENDER THE WEAPON PERMANENTLY 44 INOPERABLE. SB 1625 - 3 - 1 2. SURRENDER THE ASSAULT WEAPON TO THE DEPARTMENT OF PUBLIC SAFETY 2 FOR DESTRUCTION. 3 3. TRANSFER THE ASSAULT WEAPON TO A FIREARMS DEALER WHO IS PROPERLY 4 LICENSED UNDER FEDERAL, STATE AND LOCAL LAWS. 5 H. THE REGISTERED OWNER OF AN ASSAULT WEAPON MAY NOT PURCHASE 6 ADDITIONAL ASSAULT WEAPONS. 7 I. A LAW ENFORCEMENT AGENCY MAY CHARGE A FEE DETERMINED BY THE 8 DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FOR EACH REGISTRATION AND 9 REGISTRATION RENEWAL PURSUANT TO SUBSECTIONS C AND D OF THIS SECTION. 10 J. A PERSON WHO VIOLATES THIS SECTION IS GUILTY: 11 1. OF A CLASS 1 MISDEMEANOR FOR A FIRST VIOLATION THAT INVOLVES 12 ONLY THE POSSESSION OF AN ASSAULT WEAPON OR LARGE CAPACITY MAGAZINE AND, 13 NOTWITHSTANDING SECTION 13-802, THE PERSON SHALL PAY A FINE OF AT LEAST 14 $750. 15 2. OF A CLASS 5 FELONY FOR A SECOND OR SUBSEQUENT VIOLATION THAT 16 INVOLVES ONLY THE POSSESSION OF AN ASSAULT WEAPON OR LARGE CAPACITY 17 MAGAZINE AND, NOTWITHSTANDING SECTION 13-801, THE PERSON SHALL PAY A FINE 18 OF AT LEAST $2,500. 19 3. OF A CLASS 4 FELONY FOR ANY OTHER VIOLATION OF THIS SECTION AND, 20 NOTWITHSTANDING SECTION 13-801, THE PERSON SHALL PAY A FINE OF AT LEAST 21 $5,000. 22 K. FOR THE PURPOSES OF THIS SECTION: 23 1. "ASSAULT WEAPON": 24 (a) MEANS A SEMIAUTOMATIC RIFLE THAT HAS THE CAPACITY TO ACCEPT A 25 DETACHABLE MAGAZINE. 26 (b) MEANS A SEMIAUTOMATIC PISTOL OR ANY SEMIAUTOMATIC CENTERFIRE 27 RIFLE WITH A FIXED MAGAZINE THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN 28 ROUNDS OF AMMUNITION. 29 (c) MEANS A SEMIAUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A 30 DETACHABLE MAGAZINE AND THAT HAS AT LEAST ONE OF THE FOLLOWING 31 CHARACTERISTICS: 32 (i) ANY FEATURE CAPABLE OF FUNCTIONING AS A PROTRUDING GRIP THAT 33 CAN BE HELD BY THE NONTRIGGER HAND. 34 (ii) A FOLDING, TELESCOPING OR THUMBHOLE STOCK. 35 (iii) A SHROUD THAT IS ATTACHED TO THE BARREL, OR THAT PARTIALLY OR 36 COMPLETELY ENCIRCLES THE BARREL, AND THAT ALLOWS THE BEARER TO HOLD THE 37 FIREARM WITH THE NONTRIGGER HAND WITHOUT BEING BURNED, EXCLUDING A SLIDE 38 THAT ENCLOSES THE BARREL. 39 (iv) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION 40 OUTSIDE OF THE PISTOL GRIP. 41 (d) MEANS A SEMIAUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE 42 FOLLOWING: 43 (i) A PISTOL GRIP OR THUMBHOLE STOCK. 44 (ii) ANY FEATURE CAPABLE OF FUNCTIONING AS A PROTRUDING GRIP THAT 45 CAN BE HELD BY THE NONTRIGGER HAND. SB 1625 - 4 - 1 (iii) A FOLDING OR TELESCOPING STOCK. 2 (iv) A FIXED MAGAZINE CAPACITY THAT CARRIES MORE THAN FIVE ROUNDS. 3 (v) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE. 4 (e) MEANS A SHOTGUN WITH A REVOLVING CYLINDER. 5 (f) INCLUDES A CONVERSION KIT, PART OR COMBINATION OF PARTS, FROM 6 WHICH AN ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE 7 POSSESSION OR UNDER THE CONTROL OF THE SAME PERSON. 8 (g) DOES NOT INCLUDE ANY FIREARM THAT HAS BEEN MADE PERMANENTLY 9 INOPERABLE. 10 2. "FIXED MAGAZINE" MEANS AN AMMUNITION FEEDING DEVICE CONTAINED 11 IN, OR PERMANENTLY ATTACHED TO, A FIREARM IN SUCH A MANNER THAT THE DEVICE 12 CANNOT BE REMOVED WITHOUT DISASSEMBLY OF THE FIREARM ACTION. 13 3. "LARGE CAPACITY MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE 14 WITH THE CAPACITY TO ACCEPT MORE THAN TEN ROUNDS BUT DOES NOT INCLUDE ANY 15 OF THE FOLLOWING: 16 (a) A FEEDING DEVICE THAT HAS BEEN PERMANENTLY ALTERED SO THAT IT 17 CANNOT ACCOMMODATE MORE THAN TEN ROUNDS. 18 (b) A TWENTY-TWO CALIBER TUBE AMMUNITION FEEDING DEVICE. 19 (c) A TUBULAR MAGAZINE THAT IS CONTAINED IN A LEVER ACTION FIREARM.