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Gov. Ducey has signed three new pro-gun laws into effect.
I've shown four laws here. The last one is not strictly a gun bill, but works in conjunction with the first, SB 1206.
I've shown four laws here. The last one is not strictly a gun bill, but works in conjunction with the first, SB 1206.
SB 1266 firearms; state preemption; penalties
OVERVIEW
SB 1206 declares invalid any rule, ordinance, tax or regulation enacted by a political subdivision in violation of the firearms preemption statute and establishes penalties for violations.
PROVISIONS
1. States that any tax, ordinance, rule or regulation enacted by a political subdivision in violation of the firearms state preemption statute is invalid and subject to a permanent injunction.
Termination is to the extent allowable under law.
5. Allows a person or organization whose membership is adversely affected by an ordinance, regulation, tax, measure, directive, rule, enactment, order or policy in violation of the preemption statute to file a civil action in any court with jurisdiction over the defendant for:
a. Declaratory and injunctive relief; and
b. Actual damages against the political subdivision.
6. Requires the court to award the following if the plaintiff prevails in the action:
a. Reasonable attorney fees and costs; and
b. Actual damages incurred, up to $100,000.
7. Makes technical and conforming changes.
OVERVIEW
SB 1206 declares invalid any rule, ordinance, tax or regulation enacted by a political subdivision in violation of the firearms preemption statute and establishes penalties for violations.
PROVISIONS
1. States that any tax, ordinance, rule or regulation enacted by a political subdivision in violation of the firearms state preemption statute is invalid and subject to a permanent injunction.
Termination is to the extent allowable under law.
5. Allows a person or organization whose membership is adversely affected by an ordinance, regulation, tax, measure, directive, rule, enactment, order or policy in violation of the preemption statute to file a civil action in any court with jurisdiction over the defendant for:
a. Declaratory and injunctive relief; and
b. Actual damages against the political subdivision.
6. Requires the court to award the following if the plaintiff prevails in the action:
a. Reasonable attorney fees and costs; and
b. Actual damages incurred, up to $100,000.
7. Makes technical and conforming changes.
FACT SHEET FOR H.B. 2224
private firearm transactions; prohibited encumbrances
Provisions
1. Prohibits the state or any county, city or town in the state from enacting or implementing any additional fee, tax, assessment, lien or other encumbrance on the transfer of a firearm between two private parties who are not prohibited from possessing a firearm under state or federal law.
2. Defines firearm, private party and transfer.
3. Becomes effective on the general effective date.
private firearm transactions; prohibited encumbrances
Provisions
1. Prohibits the state or any county, city or town in the state from enacting or implementing any additional fee, tax, assessment, lien or other encumbrance on the transfer of a firearm between two private parties who are not prohibited from possessing a firearm under state or federal law.
2. Defines firearm, private party and transfer.
3. Becomes effective on the general effective date.
FACT SHEET FOR S.B. 1487
state law; local violations; penalties
Purpose
Directs the Attorney General (AG) upon request of a member of the Legislature to investigate any alleged violations of the Arizona Constitution or state law by a governing body of a county or municipality.
Provisions
1. Requires the AG to investigate if one or more members of the Legislature allege a governing body of a county or municipality adopted an ordinance, regulation or other official action in violation of state law or the Arizona Constitution.
2. Directs the AG to provide notice to the county or municipality by certified mail if it is determined a violation of state law or the Arizona Constitution occurred and provide 30 days to resolve the violation. If the county or municipality fails to resolve the violation within 30 days the AG shall:
a) notify the State Treasurer who shall withhold and redistribute state share monies from the county or municipality; and
b) notify the Governor, President of the Senate, the Speaker of the House of Representatives and the member or members who made the request and direct the State Treasurer to restore the distribution of state shared revenue when the violation is corrected.
3. Directs the State Treasurer, upon failure of a county or municipality to correct violations outlined in the written report from the AG within 30 days, to withhold the state shared monies once the until the violation has been resolved. Directs the State Treasurer to redistribute the monies among all other counties or municipality in proportion to their populations.
4. Allows the State Treasurer to distribute monies from state shared transaction privilege and excise taxes if the county or municipality certifies to the AG and State Treasurer that these monies are required for payment of debt services on bonds or other long-term obligations incurred before committing the violation.
5. Stipulates the AG shall provide a written report of findings and conclusions within 30 days of the request and provide a copy of the report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the member or members who made request and the Secretary of State.
6. Requires the Supreme Court to give precedence to a special action brought by the AG for a violation of state law or the Arizona Constitution and requires the county or municipality to post a bond equal to the amount of state shared revenue paid for the preceding six months.
7. Directs the AG to take no further action if it is determined no violation of state law or the Arizona Constitution occurred.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Revision
1. Removes Proposition 105 requirement.
2. Specifies the State Treasurer will withhold state shared monies after the county or municipality has 30 days to correct the violation.
state law; local violations; penalties
Purpose
Directs the Attorney General (AG) upon request of a member of the Legislature to investigate any alleged violations of the Arizona Constitution or state law by a governing body of a county or municipality.
Provisions
1. Requires the AG to investigate if one or more members of the Legislature allege a governing body of a county or municipality adopted an ordinance, regulation or other official action in violation of state law or the Arizona Constitution.
2. Directs the AG to provide notice to the county or municipality by certified mail if it is determined a violation of state law or the Arizona Constitution occurred and provide 30 days to resolve the violation. If the county or municipality fails to resolve the violation within 30 days the AG shall:
a) notify the State Treasurer who shall withhold and redistribute state share monies from the county or municipality; and
b) notify the Governor, President of the Senate, the Speaker of the House of Representatives and the member or members who made the request and direct the State Treasurer to restore the distribution of state shared revenue when the violation is corrected.
3. Directs the State Treasurer, upon failure of a county or municipality to correct violations outlined in the written report from the AG within 30 days, to withhold the state shared monies once the until the violation has been resolved. Directs the State Treasurer to redistribute the monies among all other counties or municipality in proportion to their populations.
4. Allows the State Treasurer to distribute monies from state shared transaction privilege and excise taxes if the county or municipality certifies to the AG and State Treasurer that these monies are required for payment of debt services on bonds or other long-term obligations incurred before committing the violation.
5. Stipulates the AG shall provide a written report of findings and conclusions within 30 days of the request and provide a copy of the report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the member or members who made request and the Secretary of State.
6. Requires the Supreme Court to give precedence to a special action brought by the AG for a violation of state law or the Arizona Constitution and requires the county or municipality to post a bond equal to the amount of state shared revenue paid for the preceding six months.
7. Directs the AG to take no further action if it is determined no violation of state law or the Arizona Constitution occurred.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Revision
1. Removes Proposition 105 requirement.
2. Specifies the State Treasurer will withhold state shared monies after the county or municipality has 30 days to correct the violation.
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