SB 1705
Initials NM Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: JUDE DP 4-3-0-0 | 3
rd
Read 16-9-0-5
SB 1705: firearms; state preemption; civil penalty
Sponsor: Senator Gowan, LD 19
Committee on Judiciary
Overview
Allows courts to impose civil penalties on individual local officials who knowingly violate
state firearm preemption laws.
History
A.R.S. § 13-3108 establishes that the regulation of firearms and ammunition is reserved to
the state, prohibiting political subdivisions from enacting laws, ordinances or rules — related
to the possession, sale, transportation or use of firearms and related components — unless
specifically authorized by state law. State preemption voids any local regulations that conflict
with or are more restrictive than state law; limited exceptions are provided for local rules
concerning tax applications and certain regulations involving minors, land use, employee
conduct and discharge of firearms in specified areas.
Violations of this state's firearm preemption laws are subject to various legal consequences.
If a court finds that a political subdivision has knowingly and willfully violated firearm
preemption laws, it may impose a civil penalty of up to $50,000 on the political subdivision.
Moreover, any individual who, in his official capacity, knowingly and willfully enacts or
enforces such a violation may face termination of employment. Additionally, individuals or
organizations adversely affected by the unlawful ordinance or policy may file a civil action
for declaratory and injunctive relief as well as actual damages; if successful, the plaintiff is
entitled to reasonable attorney fees, court costs and up to $100,000 in actual damages (A.R.S.
§ 13-3108).
Provisions
1. Authorizes the court to impose a civil penalty of up to $5,000 on any elected or appointed
local government official or administrative agency head who knowingly and willfully
violates state firearm preemption laws. (Sec. 1)
2. Prohibits the use of public monies to defend or reimburse the unlawful conduct of anyone
found to have knowingly and willfully violated state firearm preemption laws. (Sec. 1)
3. Makes technical and conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note