REFERENCE TITLE: loaded firearms; storage




State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session




HB 2542


Introduced by

Representatives Steele, Gabaldón, Gonzales, Peshlakai, Senator Hobbs: Representatives Gallego, Mendez, Miranda, Saldate





Amending title 13, chapter 31, Arizona Revised Statutes, by adding section 13-3121; relating to weapons.





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 13-3121, to read:

START_STATUTE13-3121.  Misconduct involving storage of loaded firearms; defense; liability; classification

A.  It is unlawful for a person to store or keep any loaded firearm on any premises under the person's control if the person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the minor's parent or guardian, unless the person either:

1.  Keeps the firearm in a securely locked box or other container or in a location that a reasonable person would believe to be secure.

2.  Carries the firearm on his person or within such close proximity to his person that the person can readily retrieve and use the firearm as if it was carried on his person.

B.  It is a defense to a prosecution pursuant to this section that the person filed a police report before the injury to or death of a minor or other person occurred and the police report shows that the firearm was stolen.

C.  This section does not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.

D.  A person who fails to securely store or keep a loaded firearm in violation of subsection a of this section is strictly liable for damages if a minor obtains the firearm and causes injury or death to himself or another person.

E.  A violation of this section is a class 1 misdemeanor, except that if a minor obtains a firearm that is stored or kept in violation of subsection A of this section and the minor either:

1.  Kills himself or another person, it is a class 3 felony.

2.  Injures himself or another person, it is a class 4 felony. END_STATUTE