SB 1328 — unenforceable federal laws; second amendment

SB1328 - 551R - S-GowanS flrVer amend  (ref  Bill)  adopted-AdoptedSenate            Engrossed Bill  Number:unenforceable federal laws;

S.B.second amendment         State of Arizona Senate Fifty-fifth Legislature First Regular Session       SENATE BILL 1328       AN ACT   amending Title 1, chapter 2, article 4, Arizona Revised Statutes, by adding section 1-272;

1328relating            to GowanSOVEREIGN Floorauthority. Amendment             Reference to:

printed  bill             (TEXT AmendmentOF draftedBILL by:BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:

LegSection 1. Council     FLOOR AMENDMENT EXPLANATION   1.

 Title Specifies1, thatchapter the2, prohibitionsarticle placed4, onArizona outlinedRevised governmentStatutes, entitiesis areamended limitedby toadding thesection state1-272, orto aread: political subdivision of the state.

START_STATUTE1-272.

Sovereign authority;

right of the people to keep and bear arms;

civil liability;

exception;

violation;

classification A.

Pursuant to the sovereign authority of this state and article II, section 3, Constitution of Arizona:

1.

An act, law, treaty, order, rule or regulation of the United States government that violates article II, section 26, CONSTITUTION of Arizona, or Amendment II of the Constitution of the United States is null, void and unenforceable in this state.

 This Excludesstate personsand workingall underpolitical thesubdivisions authorityof this state are prohibited from using any personnel or ordersfinancial resources to enforce, administer or cooperate with any act, law, treaty, order, rule or regulation of athe United States government entity,that agency,violates bureau,article employeeII, section 26, Constitution of Arizona, or officialAmendment fromII of the outlinedConstitution prohibitions.of the United States.

B.

A government entity, agency, bureau, employee or official of this state or a political subdivision of this state commits an impairment of a citizen's right to bear arms by enforcing or attempting to enforce an act, law, treaty, order, rule or regulation of the United States government that is null, void and unenforceable by this state pursuant to this section.

C.

A government entity, agency, bureau, employee or official of this state or a political subdivision of this state that commits an impairment of a citizen's right to bear arms as described in subsection b of this section may be sued by any citizen in superior court for declarative and injunctive relief, damages and attorney fees.  sovereign immunity and qualified immunity do not apply to an action pursuant to this subsection.

D.

This section does not apply to a special taxing district that operates a federal reclamation project.

E.

A person who commits an impairment of a citizen's right to bear arms as described in subsection B of this section is guilty of a class 1 misdemeanor for the first offense and a class 6 felony for each subsequent offense.

the court shall impose the maximum fine and sentence for the appropriate classification on a person who is convicted pursuant to this subsection.

END_STATUTE Sec. 2.

Legislative findings The legislature finds:

1.

The individual rights and liberties afforded citizens of this state under article II, section 26, Constitution of Arizona, are broader in scope and more extensive than those rights protected under the Constitution of the United States.

2.

Notwithstanding any federal act, law, rule or regulation that is specifically incorporated by individual reference into the statutes of this state, that federal firearms laws unduly and unlawfully impair the rights of individual citizens to bear arms in defense of themselves or this state and therefore constitute violations of article II, section 26, Constitution of Arizona, and likely unduly and unlawfully infringe on the right of the people to keep and bear arms as guaranteed by amendment II of the Constitution of the United States.

 That, Excludespursuant specialto taxingarticle districtsII, thatsection operate2, aConstitution federalof reclamationArizona, projectit fromis the outlinedduty prohibitions.of all governments to protect and maintain individual rights.

 That Addsthese additionalprotections legislativeapply findings.to all bearable arms possessed by individual citizens of this state.

 5. Fifty-fifth Legislature                                                     Gowan First Regular Session                                                   S.B.

1328And  instructs GOWANall FLOORcourts AMENDMENTto SENATEtake AMENDMENTSjudicial TOnotice S.B.that all forms  and configurations of bearable arms, ammunition, ammunition feeding devices and ancillary associated hardware that are legal in this state on the effective date of this act are in common use and are thereby protected under article II, section 26, Constitution of Arizona, and amendment II of the Constitution of the United States.

13286. (Reference to printed bill)       Page 1, line 5, after the second semicolon insert "exception;" Line 19, strike ", or a" Strike line Line 21, strike "agency, bureau, employee or official," insert "of this state or a political subdivision of this state" Line 25, strike ", or a" Strike line Line 27, strike "agency, bureau, employee or official," insert "of this state or a political subdivision of this state" Between lines 31 and 32, insert:

"D.To maintain a level of efficiency, compatibility or suitability for emergency response within this state, that all individual citizens who may be called forth or who are willing to act voluntarily for the defense of this state pursuant to article II, section 26, Constitution of Arizona, must be able to possess arms and be trained in the use of arms of the type suitable to the purpose of defending this state.

This7. section does not apply to a special taxing district that operates a federal reclamation project." Reletter to conform Page 2, line 18, strike "5." insert "6." Between lines 23 and 24, insert:

"7.