arizona NFA question

[JR TACTICAL]

I was just wondering if anyone had any insight or information on the new law recently passed in AZ. If I remember it is house bill 2307 and I basicly states as of October 1 there is no restriction on any firearm or firearm accessories made in the state of Arizona with the exception of full auto weapons and 40mm grenade launchers as long as it does not leave the state. I am wondering if anyone here has bought or attempted to buy any kind of SBR or suppressor in AZ and the result. I am interested in doing the same and curious if anyone has run into problems???

[Bolt_Overide]

sounds like a similar law that was bandied about in montana (not sure if it passed, montana folks help me out there), that the basic idea of was to invalidate the NFA because of the interstate commerce aspect of it.

On the face of it, and mind you Im not a lawyer or an LEO, it seems to be perfectly legal according to the letter of the law. That being said, I wouldnt even think about going for it as I beleive that the fact that it may be pefectly legal wouldnt stop BATF from ramming you right in the ass with it.

[Iraqgunz]

I agree. Until some legal challenge goes forth someway or somehow I wouldn't want to be the guinea pig. Not mention I think it would be hard to find a dealer in AZ who is willing to sell any item under this law.

[TroyTK]

I was just wondering if anyone had any insight or information on the new law recently passed in AZ. If I remember it is house bill 2307 and I basicly states as of October 1 there is no restriction on any firearm or firearm accessories made in the state of Arizona with the exception of full auto weapons and 40mm grenade launchers as long as it does not leave the state. I am wondering if anyone here has bought or attempted to buy any kind of SBR or suppressor in AZ and the result. I am interested in doing the same and curious if anyone has run into problems???

This does not change SBR laws. There is is separate Arizona statute that defines "prohibited weapons", and SBRs that are not registered are still prohibited weapons, and hence a violation of state law. (See ARS 13-3101).

[Iraqgunz]

Out of curiousity. How do you know that it doesn't apply to SBR's or even suppressors? I have read the approved version several times and though I am not a lawyer one of the items specifically prohibited was machine guns. No mention of the other two.


This does not change SBR laws. There is is separate Arizona statute that defines "prohibited weapons", and SBRs that are not registered are still prohibited weapons, and hence a violation of state law. (See ARS 13-3101).

[TroyTK]

Out of curiousity. How do you know that it doesn't apply to SBR's or even suppressors? I have read the approved version several times and though I am not a lawyer one of the items specifically prohibited was machine guns. No mention of the other two.

Iraqunz,

The bill you are referring to just created a new statute in Arizona Revised Statutes, ARS 13-3114. It did not change any other provisions of Arizona law.

ARS 13-3102 makes it a felony to possess a prohibed weapon. ARS 13-3101 defines what prohibited weapons are, which includes full auto, SBR/SBSs, and supressors that are not registered. There is no exception to owning 'Arizona made' weapons or supressors in that statute.

All 13-3114 says is " ...a firearm accessory or ammunition that is manufactured commercially or privately in this state and that remains within the borders of this state is not subject to federal law or federal regulation...". Okay, perhaps the Federal government couldn't prosecute you for owning a unregistered SBR (big if there!). But ARIZONA law already prohibites SBRs unless they are registered. So the only way you can own a SBR and comply with ARIZONA law is to have the weapon registered.

One of the big things in reading law is you cannot just read one statute (like 13-3114) and accept there are not other statutes that govern the particular behavior. This is an example of that I would say.

Troy

[Ejh28]

Montana House Bill 246, the Montana Firearms Freedom Act, was signed into law by Governor Brian Schweitzer on April 15, 2009, and became effective October 1, 2009. This legislation declares that certain firearms and firearms accessories manufactured, sold, and kept within the state of Montana are exempt from federal firearms laws, since they can not be regulated as interstate commerce.[13][14] However, this law does not apply to a firearm that cannot be carried and used by one person, a firearm that has a bore diameter greater than ½ inches and uses smokeless powder, ammunition that uses exploding projectiles or fully automatic firearms. While it is likely to face a court challenge, this Montana law would put firearms accessories such as suppressors actually made in Montana, marked "Made in Montana", and sold only to Montana citizens outside federal jurisdiction and not subject to the $200 federal transfer tax.

It does say that it is "likely to face a court challenge", but as of the moment it looks like it's legal in Montana.

[Iraqgunz]

I get that. But, it seems like some of that stuff could be left open to interpretation. Especially since SBR's and the like are registered with the Feds and not the state. I would be interested to hear what some of the legislatures thoughts were.


Iraqunz,

The bill you are referring to just created a new statute in Arizona Revised Statutes, ARS 13-3114. It did not change any other provisions of Arizona law.

ARS 13-3102 makes it a felony to possess a prohibed weapon. ARS 13-3101 defines what prohibited weapons are, which includes full auto, SBR/SBSs, and supressors that are not registered. There is no exception to owning 'Arizona made' weapons or supressors in that statute.

All 13-3114 says is " ...a firearm accessory or ammunition that is manufactured commercially or privately in this state and that remains within the borders of this state is not subject to federal law or federal regulation...". Okay, perhaps the Federal government couldn't prosecute you for owning a unregistered SBR (big if there!). But ARIZONA law already prohibites SBRs unless they are registered. So the only way you can own a SBR and comply with ARIZONA law is to have the weapon registered.

One of the big things in reading law is you cannot just read one statute (like 13-3114) and accept there are not other statutes that govern the particular behavior. This is an example of that I would say.

Troy

[500grains]

Utah has a similar law. In effect, Montana, Arizona and Utah have opted out of the 1934 National Firearms Act.

However, the 1934 Act provides no provision for opting out. So expect the feds to arrest anyone making or possessing any unregistered class III products in MT, AZ or UT. When charges are filed, someone can challenge the charges based on the new law, and about 5 years from now we will find out if the guinea pig is going to spend a decade in the federal pen or not.

Translation: To minimize your risk of arrest and imprisonment, continue to obey federal law.

[Bolt_Overide]

Utah has a similar law. In effect, Montana, Arizona and Utah have opted out of the 1934 National Firearms Act.

However, the 1934 Act provides no provision for opting out. So expect the feds to arrest anyone making or possessing any unregistered class III products in MT, AZ or UT. When charges are filed, someone can challenge the charges based on the new law, and about 5 years from now we will find out if the guinea pig is going to spend a decade in the federal pen or not.

Translation: To minimize your risk of arrest and imprisonment, continue to obey federal law.

this ^^

[LHS]

Given SCOTUS's decisions in Gonzalez and Stewart, I can't see these state preemption laws surviving a serious court challenge. If you don't want to end up in Federal pound-me-in-the-ass prison, I'd suggest sticking to the regs of the NFA.