SB1705

THE CONTEXT: A.R.S. 13-3108 establishes that the regulation of firearms and ammunition is reserved to the state, prohibiting political subdivisions from enacting laws, ordinances or rules related to the possession, sale, transportation or use of firearms and related components unless specifically authorized by state law. State preemption voids any local regulations that conflict with or are more restrictive than state law; limited exceptions are provided for local rules concerning tax applications and certain regulations involving minors, land use, employee conduct and discharge of firearms in specified areas. Violations of this state's firearm preemption laws are subject to various legal consequences. If a court finds that a political subdivision has knowingly and willfully violated firearm preemption laws, it may impose a civil penalty of up to $50,000 on the political subdivision. Moreover, any individual who, in his official capacity, knowingly and willfully enacts or enforces such a violation may face termination of employment. Additionally, individuals or organizations adversely affected by the unlawful ordinance or policy may file a civil action for declaratory and injunctive relief as well as actual damages; if successful, the plaintiff is entitled to reasonable attorney fees, court costs and up to $100,000 in actual damages ( A.R.S. 13-3108 ).

WHAT THE BILL DID: The final vetoed version would authorize the court to impose a civil penalty of up to $5,000 on any elected or appointed local government official or administrative agency head who knowingly and willfully violates state firearm preemption laws, prohibit the use of public monies to defend or reimburse the unlawful conduct of anyone found to have knowingly and willfully violated state firearm preemption laws, and make technical and conforming changes.

WHY IT MATTERED: The practical reason for this bill was to make the stated financial responsibility enforceable and keep public reporting on time. It would authorize the court to impose a civil penalty of up to $5,000 on any elected or appointed local government official or administrative agency head who knowingly and willfully violates state firearm preemption laws, and would also prohibit the use of public monies to defend or reimburse the unlawful conduct of anyone found to have knowingly and willfully violated state firearm preemption laws, rather than leave the current rule unchanged.