PREFILED NOV 19 2019
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REFERENCE TITLE: firearms; prohibited possessors; due process |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2003 |
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Introduced by Representatives Fillmore: Carroll
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AN ACT
amending title 13, chapter 31, Arizona Revised Statutes, by adding section 13‑3123; relating to firearms.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 31, Arizona Revised Statutes, is amended by adding section 13-3123, to read:
13-3123. Firearm possession; due process requirements; exceptions
A. Notwithstanding any other law, this state and a county, city, town or other political subdivision of this state may not prohibit a person from possessing a firearm Unless the person is a prohibited possessor or a court of competent jurisdiction issues an order that prohibits the person from possessing a firearm and all of the following occurred before the court issued the order:
1. The person was given notice of the court's order and any allegations or facts that were presented to the court.
2. The person was given an opportunity to respond before the court issued the order.
B. This section does not:
1. Prohibit this state or a county, city, town or other political subdivision from prohibiting a person from possessing a firearm in a location where a firearm may be lawfully prohibited.
2. Apply to a peace officer who prohibits a person from possessing a firearm during a lawful stop, detention or arrest.