Unlawful securing; firearms; minors
If enacted, this bill will amend Title 13 of the Arizona Revised Statutes by adding a new section 13-3123, thereby establishing legal responsibilities for firearm owners to ensure safe storage practices. The bill imposes strict liabilities on individuals, particularly family members, for failing to adequately secure firearms, with penalties escalating to class 4 felonies if a minor discharges a firearm causing serious injury or death. This represents a potentially significant shift in how firearm negligence is evaluated in the state.
SB1538 addresses the issue of minors gaining access to firearms by introducing provisions for the unlawful securing of a firearm. The bill specifies that individuals who do not take reasonable precautions to prevent minors from accessing readily dischargeable firearms may be committing a class 6 felony. Such precautions include securing firearms in locked containers or rendering them inoperable. This legislation seeks to mitigate incidents of firearm misuse by minors, aligning with broader public safety goals.
One notable point of contention surrounding SB1538 relates to the affirmative defenses provided for individuals charged under this new statute. Critics may argue that the clause permitting an affirmative defense under certain circumstances—like when a firearm is used for supervised activities or obtained unlawfully—could create loopholes or diminish accountability for firearm owners. Additionally, the delay in arrest for family members could be perceived as leniency that undermines the law's intent to deter negligent firearm storage.
The bill further clarifies definitions of a 'minor' and 'readily dischargeable firearm' to ensure a shared understanding of what constitutes a violation under the law. These clear definitions may help in enforcement and compliance of the law.