Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1428 Comm Sub / Analysis

Filed 04/10/2023

                      	SB 1428 
Initials JL/GC 	Page 1 	Transmitted to the Governor 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: JUD DP 4-3-0-0 | 3
rd
 Read DP 16-12-2-0-0  
House: JUD DP 5-3-0-0-0-0 | 3
rd
 Read DP 31-27-2-0-0 
 
SB 1428: political subdivisions; gun shows; preemption 
Sponsor: Senator Wadsack, LD 17 
Transmitted to the Governor 
Overview 
Proscribes an Arizona political subdivision (Subdivision) from prohibiting a gun show from 
occurring within the Subdivision.  
History 
Current statute prohibits Subdivisions from enacting 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, any firearm or ammunition 
components or related accessories in Arizona. Additionally, Subdivisions may not require the 
licensing or registration of firearms or ammunition, any firearm or ammunition components or 
related accessories. Subdivisions cannot prohibit the ownership, purchase, sale or transfer of 
firearms or ammunition, any firearm or ammunition components or related accessories.  
Subdivisions are prohibited from requiring or maintaining any record, whether permanent or 
temporary, which contains the following information: 
1) Any identifying information of a person who leaves a weapon in temporary storage at a 
public establishment beyond what is necessary for the owner to retrieve the firearm; 
2) Any identifying information of a person who owns, possesses, purchases, sells or transfers 
a firearm; and 
3) The description, including the serial number, of a weapon that is left in temporary storage 
at a public establishment or event.  
A Subdivision is prohibited from enacting 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. Any rule or 
ordinance inconsistent with or more restrictive than state law is null and void (A.R.S. § 13-3108). 
Firearm is defined 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, and does not include a firearm in permanently inoperable condition. 
Firearm accessory is defined to mean an item that is used in conjunction with or mounted on a 
firearm but that is not essential to the basic function of a firearm, including telescopic or laser 
sights, magazines, flash suppressors, folding or aftermarket stocks and grips, speed loaders, 
ammunition carriers and lights for target illumination (A.R.S. § § 13-3114, 13-3101). 
Provisions 
1. Proscribes a Subdivision from prohibiting a gun show from occurring within the Subdivision or 
enacting or enforcing any rule or policy that primarily affects and effectively prohibits a gun 
show from occurring. (Sec. 1) 
2. Makes technical and conforming changes. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note