Governor AZ Doug Ducey

Last month, Governor Doug Ducey of Arizona [above] signed HB 224, protecting residents’ right to transfer firearms in private transactions without fee, tax or encumbrance. The law went into effect on 31 March. From the Governor’s Office: “This bill protects the Second Amendment freedoms of Arizonans,” the Governor’s Office proclaimed, “by allowing for the exchange of firearms without assessments or penalties imposed by state and local government.” The law is succinct and easily understood, a nice contrast with much legislation passed in recent times. From cqstatetrack.com . . .

CHAPTER 36

PRIVATE FIREARM TRANSACTIONS

ARTICLE 1. GENERAL PROVISIONS

44-7851. Definitions

In this chapter, unless the context otherwise requires:

1. “Firearm” Means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel or that is designed to or may readily be converted to expel a solid projectile by the action of expanding gases.

2. “Private party” means a person who is not a prohibited possessor under state or federal law and does not include a person who possesses a federal firearms license and who primarily engages in the business of selling, trading or purchasing firearms.

3. “Transfer” means when a person gives, loans, offers for sale, wills or in any manner offers another person a firearm for any lawful purpose and the person is not a prohibited possessor under state or federal law.

44-7852. Private party firearms transfer; state or political subdivision encumbrance prohibited This state or any political subdivision of this state may not enact or implement any additional fee, tax, assessment, lien or other encumbrance on the transfer of a firearm between two private parties who are not prohibited possessors under state or federal law.

HB 224 passed the House with a strong 35-25 vote; then it passed the Senate with a vote of 19 to 10, was transmitted to Governor Ducey on 29 March, and signed the next day.

Meanwhile, in contrast, in response to the federal district court finding, the government of the Commonweath of the Northern Mariana Islands (CNMI) has passed an import tax of $1,000 per handgun.

The Arizona law was signed by Governor Ducey 13 days before Governor Torres signed the handgun tax for the CNMI. The two approaches show two radically different approaches to Second Amendment rights.  The Arizona government celebrates and protects those rights; the CNMI government is doing everything it can to minimize and obstruct the same rights.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
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23 Responses to Arizona Gov. Ducey Signs Prohibition on Fees, Taxes or Encumbrances on Private Firearms Sales

  1. A freedom loving state vs a liberal leach “commonwealth” that no can can even point to on a map.

  2. Now if the court case in Washington State is won over the gun and ammo tax that Seattle imposed, we’ll be in on a roll.

  3. Things like this is so rare and so good that it’s seriously funny to read…

    Everyone be like, “gun sense” “no PLCAA” “blood in the street” “sandy hook”

    Arizona be like, “no tax on guns!”

    We still running the same passport?

  4. I feel like our side is winning this battle. We pass incremental improvements state by state while the other side proposes outlandish things that get killed in committee. Well, in most places; not the irrational bastions of gun grabbing.

    This makes me happy.

  5. Ya know, if AZ had as much tech and manufacturing jobs as Texas, It would’ve been a hard choice between it and Texas. I know if I’d moved to Phoenix, I could visit my parents in San Diego a lot more frequently.

    Don’t get me wrong, I love it here in DFW. The people, the culture, and I can deal with the odd hailstorm and the summer weather as compared to San Diego’s (well earned) rep for fantastic year round weather, but we’ve got a fair way to go to with regards to respecting all Constitutionally protected civil liberties. Gun rights being the most news worthy at the moment. I’d love to see a bill like Florida just passed that requires criminal charges be filed before your assets can be forfeited, for example. Though I’d actually rather see a bill passed that requires a *conviction* before assets can be forfeited. Still, requiring charges be filed against you, and invoking due process protections is far better than being able to charge the cash in your wallet with a crime and seize it on the spot without ever pressing charges against you.

    I’d also like to see laws enacted that do away with prosecutorial immunity for legal malfeasance from DAs and ADAs, specifically for instances where they withheld exculpatory evidence to get convictions, and make them criminally and civilly liable for such behavior.

    • We have an Intel Fab here, as well as Microchip and some others. None of it is Phoenix though, it’s all in Tempe and Chandler, which are both southeast of Phoenix. Phoenix for the most part is a cesspool. All of the good stuff is to the southeast of it.

    • I moved away six years ago, because PayPal was the only tech employer in the Phoenix area I could find that paid a six figure salary.
      But I do miss Ben Avery.

  6. Arizona, the real America, the land of the Free, I only dream of such a land only a few hours form Komifornia land of the oppressed

    • Except for my nephew’s BUD/s graduation (that
      IS a viable exception) a few years back I haven’t been to California in well over a decade. Maybe once since the turn of the century, for my former mother-in-law’s funeral. Family members and friends there, yet I refuse to leave my Arizona home and $pend in freedom-hating California.

  7. Been here since ’79 from Ohio. Can take the heat. It’s easier for me to take a layer off to get cool rather than put a layer on and never get warm.
    There are, and always will be, kalifornicratz wanting to change things here. They should move to Tucson for that…

    • Taking layers off is easy… until phrases like “public indecency” and “creepy flasher” start to get thrown around. Then, suddenly, the balance tips in the other direction; at least there is not much int he way of hard limits, and no legal limits that I’ve heard of, to how many articles of clothing you can wear.

  8. This excited me so much, I went out to where the boat overturned, fished out all my guns, then drove to AZ and sold every one to some guy at a mall.

    • If you didn’t change your residency to AZ first, then you both committed a federal felony.
      Federal law prohibits the sale unless both parties are residents of the state where the transaction takes place. The AZ law only prohibits state and local encumbrances.

      • BS. I am not an FFL, I do not have any encumbrances about whether I can sell my gun, my car, or my Rolex in any state I wish. And even for FFLs, that only applies to handguns, you can buy or sell a rifle in any state. Where an SBR falls between a rifle or a handgun, well, make you own rules, I guess.

  9. Gov. Doug (Coldstone Ice Cream Boy) was picked by the Koch boys, appeared at the Laguna Nigal Secret Handshake, un-american and loving it conference. Since then, with their money Ice Cream Boy has ensured AZ has returned to the NeoCon Fascist days of SB1070. Fact, 2020 Census will change the landscape of AZ and this country. New US House seats, all, mostly Hispanic American’s elected, first Hispanic American AZ Gov, Mayor, County Sheriff (finally, thank god after 300 mil in legal defense fees I never approved).

    “A well regulated militia….” is not the NRA, it is, was meant to be the AZ National Guard. NeoCon politics is moving back to traditional Goldwater Conservatism, supporting Plan Parenthood, sensible gun regs, like detailed background checks. If you need silencers, and black guns, what are you doing?

    Time is changing now, also we have a hopefully soon to be unemployed county Sheriff, make us an offer and he can be yours, for any price.

    • If 2A meant the military, it would have said so. It said the people, and meant it. And the people who know that beyond any doubt are armed. Watch what you wish for, it might be hard to let go.

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