On February 18, at 9am, the Arizona state Senate Committee on Public Safety, Military and Technology will have a hearing and vote on SB1330, second amendment violations; prohibited activities. SB1330 if passed, would invalidate in Arizona federal law that violates the Second Amendment.
The bill is sponsored by Arizona State Senator Kelli Ward.
According to an overview prepared by Senate research staff SB1330:
1. Invalidates and voids in Arizona all federal acts, laws, orders, rules and regulations that violate the Second Amendment, that are unauthorized by the Constitution and that violate the Second Amendment’s true meaning and intent as given by the founders and ratifiers of the Constitution.
2. Prohibits state agencies and political subdivisions, their employees acting in official capacities, and corporations providing services on behalf of the state or a political subdivision from:
a) enforcing any federal act, law, order, rule or regulation that relates to a personal firearm, firearm accessory or ammunition within the limits of this state (firearm enforcement);
b) providing material support, participation or assistance in any form with any firearm enforcement or any investigation pursuant to firearm enforcement; or
c) using any assets, state monies or monies allocated by this state to local entities on or after the general effective date, in whole or in part, to engage in any activity that aids a federal agency, federal agent or corporation providing services to the federal government in firearm enforcement or any investigation pursuant to firearm enforcement.
3. Prohibits the State Treasurer from transferring monies to a political subdivision in the fiscal year after a final judicial determination is made that the political subdivision adopted a rule, order, ordinance or policy that intentionally violated the above prohibitions.
4. Deems any agent or employee of this state or any political subdivision who knowingly violates the above prohibitions:
a) to have resigned any commission from this state that the person may possess; and
b) ineligible to hold any office of trust, honor or emolument under Arizona law.
5. Deems that agent’s or employee’s office vacant.
6. Considers any person or corporation that provides services to or on behalf of this state that violates the above prohibitions as forever ineligible to act on behalf of, or provide services to, this state or any political subdivision.
Arizona statute defines a firearm as 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 (A.R.S. § 13-3101).
Laws 2010, Chapter 18, states that a personal firearm, firearm accessory or ammunition manufactured commercially or privately in Arizona and remaining within Arizona’s borders is not subject to federal law or regulations under the authority of Congress to regulate interstate commerce and is not considered to have traveled in interstate commerce.
The firearms manufactured and sold in this state must have “made in Arizona” clearly stamped on a central metallic part of the firearm and certain exclusions apply. Another bill in 2010 further restricted localities from enacting regulations on the transfer and possession of firearms (Laws 2010, Chapter 19).