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HB 2566 exempts armed nuclear security guards from various types of misconduct involving weapons and also exempts outdoor shooting ranges built for law enforcement, military or armed nuclear security guard training from statutes pertaining to noise requirements. 

History

The following table is a breakdown of offenses that constitute misconduct involving weapons by classification under Arizona Revised Statutes (A.R.S.) § 13-3102.

Classification (Sentencing if 1st time)

A person commits misconduct involving weapons by knowingly:

Class 3 felony

(7.5 years)

·   Discharging a firearm at an occupied structure in order to assist a criminal street gang, a criminal syndicate or a racketeering enterprise;

·   Supplying, selling or giving possession of a firearm to another person if the person knows or has reason to know that the other person would use the firearm to commit a felony;

·   Using, possessing or exercising control of a deadly weapon to further or to facilitate any act of terrorism;

Class 4 felony

(6 years)

·   Manufacturing, possessing, transporting, selling or transferring a prohibited weapon;

·   Possessing a deadly weapon or a prohibited weapon if such person is a prohibited possessor;

·   Using or possessing a deadly weapon while committing a felony offense;

·   Entering a nuclear or hydroelectric generating station carrying a deadly weapon or within the immediate control of any person;

Class 6 felony

(3 years)

·   Selling or transferring a deadly weapon to a prohibited possessor;

·   Defacing a deadly weapon;

·   Possessing a defaced deadly weapon knowing the deadly weapon was defaced;

Class 1 misdemeanor

( 6 months, ≤ $ 2,500 plus surcharges)

·   Carrying a deadly weapon (other than a concealed pocket knife on his person) without a permit;

·   Carrying a deadly weapon concealed within the immediate control of a person in or on a means of transportation without a permit;

·   Entering a public establishment or attending a public event with a deadly weapon after a reasonable request to place the weapon in custody for temporary and secure storage;

·   Entering an election polling place on the day of an election while carrying a deadly weapon;

·   Possessing a deadly weapon on school grounds.

Laws 2002, Chapter 222, § 1 established noise and operation standards for outdoor shooting ranges, including prohibiting outdoor shooting ranges from exceeding the time varying equivalent of a 64-decibel noise over a one hour time period.  Outdoor shooting ranges are also required to measure and keep records of the noise they emit at their expense at least once and upon every expansion resulting in a 20% increase of shooting areas and upon any introduction of new firearms or explosive devises to the range that would result in noise increases.

A.R.S. § 17-604 prohibits outdoor shooting ranges that are located in areas that are zoned for residential use or any other use that includes a school, hotel, motel, hospital or church from operating between 10:00 PM and 7:00 AM. 

Provisions

·          Exempts armed nuclear security guards who work at a commercial nuclear generating station in the performance of official duties or during any security training exercises sponsored by the commercial nuclear generating station or local, state or federal authorities from the following misconduct involving weapons offenses:

  1. Carrying a deadly weapon without a permit (A.R.S. 13-3102, subsection A, paragraph 1);
  2. Carrying a deadly weapon without a permit concealed within immediate control of any person in or on a means of transportation (A.R.S. 13-3102, subsection A, paragraph 2);
  3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon (A.R.S. 13-3102, subsection A, paragraph 3);
  4. Possessing a defaced deadly weapon knowing the deadly weapon was defaced (A.R.S. 13-3102, subsection A, paragraph 7);
  5. Entering a nuclear or hydroelectric generating station carrying a deadly weapon (A.R.S. 13-3102, subsection A, paragraph 13).

·          Exempts an outdoor shooting range that is built for military or armed nuclear security guard training and that is not open to the general public from the outdoor shooting range noise requirements established in statute.

·          Exempts armed nuclear security guard training from the nighttime outdoor shooting range requirements established in statute.

Forty-ninth Legislature          

First Regular Session  2          April 22, 2009

HB 2331 prohibits cities, towns, and county boards of supervisors from enacting ordinances or resolutions or adopting policies which limit or prohibit the lawful enforcement of United States immigration laws.

History

Title 8 of the United States Code (U.S.C.) regulates immigration into the United States.  8 U.S.C. § 1325 provides penalties for an alien who:

  1. Enters or attempts to enter the United States at any time or place other than as designated by immigration officers;
  2. Eludes examination or inspection by immigration officers; or
  3. Attempts to enter/obtains entry into the United States by false representation. 

8 U.S.C. § 1373(c) requires Immigration and Customs Enforcement (ICE) to respond to inquiries by federal, state, or local government agencies seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.

Provisions

·          Prohibits the enactment or adoption of any ordinance, resolution, or immigration policy by a city, town, board of supervisors, or law enforcement agency of a city, town, or county which is intended to prohibit or effectively prohibits the lawful enforcement of United States immigration laws.

Forty-ninth Legislature

First Regular Session  2          April 22, 2009

REFERENCE TITLE: dispersing unlawful assembly; peace officers

State of Arizona

Senate

Forty-ninth Legislature

First Regular Session

2009

SB 1015

Introduced by

Senator Gray L

                                                                                                                             

AN ACT

amending section 13-3804, Arizona Revised Statutes; relating to the prevention of offenses.

(TEXT OF BILL BEGINS ON NEXT PAGE)


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-3804, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3804.  Duty of officers to disperse unlawful assembly

A.  Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff and his deputies, officials governing the city or town, peace officers or justice justices of the peace and constables, or any of them, shall go among the persons assembled, or as near to them as possible, and command them, in the name of the state, immediately to disperse.

B.  If the people assembled do not immediately disperse, the magistrate and officers shall arrest them, and for that purpose may command the aid of all persons present or within the county. END_STATUTE

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