AZ: Prohibition on Fees, Taxes, or Encumbrances on the Private Sale of Firearms Signed by Governor Ducey

Governor Doug Ducey of Arizona signed HB 224, which protects the right to transfer firearms in private transactions, without fee, tax or encumbrance, into law on 30 March, 2016.  The law went into effect on 31 March.

From the Governor’s Office:

“This bill protects the Second Amendment freedoms of Arizonans 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 that is 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.

The Arizona transaction privilege tax does not require tax the transfer of private  goods, rather it taxes the “privilege” of transferring goods from a number of explicit businesses.  Individual sales are not considered retail sales, and are not taxed.

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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