13-3108

13-3108. Firearms regulated by state; state
preemption; violation; classification; definition

A. Except as provided in subsection E of this section, a political subdivision of
this state shall not enact any ordinance, rule or tax relating to the transportation,
possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage,
licensing, registration, discharge or use of firearms or ammunition or any firearm or
ammunition components or related accessories in this state.

B. A political subdivision of this state shall not require the licensing or
registration of firearms or ammunition or any firearm or ammunition components or related
accessories or prohibit the ownership, purchase, sale or transfer of firearms or
ammunition or any firearm or ammunition components, or related accessories.

C. A political subdivision of this state shall not require or maintain a record in
any form, whether permanent or temporary, including a list, log or database, of any of
the following:

1. Any identifying information of a person who leaves a weapon in temporary storage
at any public establishment or public event, except that the operator of the
establishment or the sponsor of the event may require that a person provide a government
issued identification or a reasonable copy of a government issued identification for the
purpose of establishing ownership of the weapon. The operator or sponsor shall store any
provided identification with the weapon and shall return the identification to the person
when the weapon is retrieved. The operator or sponsor shall not retain records or copies
of any identification provided pursuant to this paragraph after the weapon is retrieved.

2. Except in the course of a law enforcement investigation, any identifying
information of a person who purchases, sells or transfers a firearm, unless the
transaction involves a federally licensed firearms dealer.

3. The description, including the serial number, of a weapon that is left in
temporary storage at any public establishment or public event.

D. A political subdivision of this state shall not enact any rule or ordinance that
relates to firearms and is more prohibitive than or that has a penalty that is greater
than any state law penalty. A political subdivision's rule or ordinance that relates to
firearms and that is inconsistent with or more restrictive than state law, whether
enacted before or after the effective date of the amendment to this section, is null and
void.

E. This section does not prohibit a political subdivision of this state from
enacting and enforcing any ordinance or rule pursuant to state law or relating to
any of the following:

1. Imposing any privilege or use tax on the retail sale, lease or rental of, or the
gross proceeds or gross income from the sale, lease or rental of, firearms or ammunition
or any firearm or ammunition components at a rate that applies generally to other items
of tangible personal property.

2. Prohibiting a minor who is unaccompanied by a parent, grandparent or guardian or
a certified hunter safety instructor or certified firearms safety instructor acting with
the consent of the minor's parent, grandparent or guardian from knowingly
possessing or carrying on the minor's person, within the minor's immediate control or in
or on a means of transportation a firearm in any place that is open to the public or on
any street or highway or on any private property except private property that is owned
or leased by the minor or the minor's parent, grandparent or guardian. Any ordinance
or rule that is adopted pursuant to this paragraph shall not apply to a minor who is
fourteen, fifteen, sixteen or seventeen years of age and who is engaged in any of the
following:

(a) Lawful hunting or shooting events or marksmanship practice at established
ranges or other areas where the discharge of a firearm is not prohibited.

(b) Lawful transportation of an unloaded firearm for the purpose of lawful hunting.

(c) Lawful transportation of an unloaded firearm for the purpose of attending
shooting events or marksmanship practice at established ranges or other areas where the
discharge of a firearm is not prohibited.

(d) Any activity that is related to the production of crops, livestock, poultry,
livestock products, poultry products or ratites or storage of agricultural commodities.

3. The regulation of land and structures, including a business relating to firearms
or ammunition or their components or a shooting range in the same manner as other
commercial businesses. Notwithstanding any other law, this paragraph does not authorize a
political subdivision to regulate the sale or transfer of firearms on property it owns,
leases, operates or controls in a manner that is different than or inconsistent with
state law. For the purposes of this paragraph, a use permit or other contract that
provides for the use of property owned, leased, operated or controlled by a political
subdivision shall not be considered a sale, conveyance or disposition of property.

4. Regulating employees or independent contractors of the political subdivision who
are acting within the course and scope of their employment or contract.

5. Limiting or prohibiting the discharge of firearms in parks and preserves except:

(a) As allowed pursuant to chapter 4 of this title.

(b) On a properly supervised range as defined in section 13-3107.

(c) In an area approved as a hunting area by the Arizona game and fish department.
Any such area may be closed when deemed unsafe by the director of the Arizona game and
fish department.

(d) To control nuisance wildlife by permit from the Arizona game and fish
department or the United States fish and wildlife service.

(e) By special permit of the chief law enforcement officer of the political
subdivision.

(f) As required by an animal control officer in performing duties specified in
section 9-499.04 and title 11, chapter 7, article 6.

(g) In self-defense or defense of another person against an animal attack if a
reasonable person would believe that deadly physical force against the animal is
immediately necessary and reasonable under the circumstances to protect oneself or the
other person.

F. A violation of any ordinance established pursuant to subsection E, paragraph 5
of this section is a class 2 misdemeanor unless the political subdivision designates a
lesser classification by ordinance.

G. For the purposes of this section, "political subdivision" includes a political
subdivision acting in any capacity, including under police power, in a proprietary
capacity or otherwise.