Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1705
firearms; state preemption; civil penalty
Purpose
Allows a court to assess a $5,000 civil penalty against a government official or agency
head who knowingly and willfully violates state firearm preemption laws and prevents public
monies from being used to defend or reimburse this unlawful conduct.
Background
Statute preempts political subdivisions of Arizona from enacting certain regulations related
to firearms that are more prohibitive than state law, including: 1) enacting ordinances, rules or
taxes relating to the transportation, possession, carrying, transfer, storage, licensing, registration
or use of firearms; 2) requiring the licensing or registration of firearms or ammunition; and
3) facilitating the destruction of firearms. If a court determines that a political subdivision has
knowingly and willfully violated this prohibition, the court may assess a civil penalty against the
political subdivision up to $50,000. A person who knowingly violates this preemption while acting
in their official capacity may be subject to termination of employment. A person or organization
whose membership is adversely affected by any regulations that violate the prohibition may be
awarded up to $100,000 and reasonable attorney fees if they prevail in court (A.R.S. ยง 13-3108).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows a court, after determining that an elected or appointed government official or
administrative agency head knowingly and willfully violated firearm preemption laws, to
assess a civil penalty of up to $5,000 against the official or agency head.
2. Prohibits public monies from being used to defend or reimburse the unlawful conduct of any
person who knowingly and willfully violates firearm preemption laws.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2025
ZD/ci