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Re: Re: Re: [azsecularhumanists] good news for laro??? - 9th circuit rules some machine guns are legal

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  • thekoba@aztecfreenet.org
    ... Dear Mike, There are definitely some differences between the state and federal definitions of prohibited possessor. The federal law is stricter here,
    Message 1 of 6 , Nov 17, 2003
      >
      >this is the arizona law that somebody on
      >the azrkba@... list server cited saying
      >that even if home made machine guns are
      >legal per federal law that they are illegal
      >under arizona law.
      >
      >thats assuming that this law is constitional
      >which i doubt if it is because it seems to
      >override the 2nd amendment and infringes
      >on the right of the people to bear arms.
      >i suspect its also unconstitional under
      >the arizona constitution.
      >
      >the very last paragraph of the law then
      >says any of this krap is legal if its
      >regisered with the feds per federal law
      >
      > B. The items set forth in subsection A,
      > paragraph 7, subdivisions (a), (b), (c)
      > and (d) of this section do not include
      > any firearms or devices that are registered
      > in the national firearms registry and
      > transfer records of the United States
      > treasury department or any firearm that
      > has been classified as a curio or relic
      > by the United States treasury department.
      >
      >the full law follows
      >
      >
      >mike
      >
      >13-3101. Definitions
      >
      >A. In this chapter, unless the context otherwise requires:
      >
      >1. "Deadly weapon" means anything that is designed for lethal use.
      >The term includes a firearm.
      >
      >2. "Deface" means to remove, alter or destroy the manufacturer's
      >serial number.
      >
      >3. "Explosive" means any dynamite, nitroglycerine, black powder or
      >other similar explosive material including plastic explosives.
      >Explosive does not include ammunition or ammunition components such
      >as primers, percussion caps, smokeless powder, black powder and black
      >powder substitutes used for hand loading purposes.
      >
      >4. "Firearm" means any loaded or unloaded handgun, pistol, revolver,
      >rifle, shotgun or other weapon that will or is designed to or that
      >may readily be converted to expel a projectile by the action of an
      >explosive. Firearm does not include a firearm in permanently
      >inoperable condition.
      >
      >5. "Occupied structure" means any building, object, vehicle,
      >watercraft, aircraft or place with sides and a floor that is
      >separately securable from any other structure attached to it, that is
      >used for lodging, business, transportation, recreation or storage and
      >in which one or more human beings either is or is likely to be
      >present or so near as to be in equivalent danger at the time the
      >discharge of a firearm occurs. Occupied structure includes any
      >dwelling house, whether occupied, unoccupied or vacant.
      >
      >6. "Prohibited possessor" means any person:
      >
      >(a) Who has been found to constitute a danger to himself or to others
      >pursuant to court order under section 36-540, and whose court ordered
      >treatment has not been terminated by court order.

      Dear Mike,

      There are definitely some differences between the state and federal
      definitions of prohibited possessor. The federal law is stricter
      here, stating that anyone who has ever been "declared insane" is a
      prohibited possessor. Here, someone whose treatment has been
      terminated by court order, would be a federal prohibited possessor
      but not a state prohibited possessor. So, if you've been released
      from 2400 E Van Buren, you could lawfully own a firearm that was
      made in Arizona and has never crossed state lines but not one that
      has moved in interstate commerce.

      >(b) Who has been convicted within or without this state of a felony
      >or who has been adjudicated delinquent and whose civil right to
      >possess or carry a gun or firearm has not been restored.
      >
      >(c) Who is at the time of possession serving a term of imprisonment
      >in any correctional or detention facility.
      >
      >(d) Who is at the time of possession serving a term of probation
      >pursuant to a conviction for a domestic violence offense as defined
      >in section 13-3601 or a felony offense, parole, community
      >supervision, work furlough, home arrest or release on any other basis
      >or who is serving a term of probation or parole pursuant to the
      >interstate compact under title 31, chapter 3, article 4.

      This does NOT, include those convicted of misdemeanor domestic
      violence who have completed probation or parole, unlike the
      federal statute that makes such persons prohibited possessor.
      So, the lady convicted of misdemeanor assault for throwing a bottle
      of cheap perfume at her husband who has done her time, could
      lawfully purchase a firearm manufactured in Arizona and that has
      never crossed state lines.

      Also not included are those dishonourably discharged from the armed
      forces, and those who have renounced their United States citizenship.
      Such people could conceivably lawfully own non-interstate firearms.

      >7. "Prohibited weapon" means, but does not include fireworks
      >imported, distributed or used in compliance with state laws or local
      >ordinances, any propellant, propellant actuated devices or propellant
      >actuated industrial tools that are manufactured, imported or
      >distributed for their intended purposes or a device that is
      >commercially manufactured primarily for the purpose of illumination,
      >including any of the following:
      >
      >(a) Explosive, incendiary or poison gas:
      >
      >(i) Bomb.
      >
      >(ii) Grenade.
      >
      >(iii) Rocket having a propellant charge of more than four ounces.
      >
      >(iv) Mine.
      >
      >(b) Device that is designed, made or adapted to muffle the report of
      >a firearm.
      >
      >(c) Firearm that is capable of shooting more than one shot
      >automatically, without manual reloading, by a single function of the
      >trigger.
      >
      >(d) Rifle with a barrel length of less than sixteen inches, or
      >shotgun with a barrel length of less than eighteen inches, or any
      >firearm that is made from a rifle or shotgun and that, as modified,
      >has an overall length of less than twenty-six inches.
      >
      >(e) Instrument, including a nunchaku, that consists of two or more
      >sticks, clubs, bars or rods to be used as handles, connected by a
      >rope, cord, wire or chain, in the design of a weapon used in
      >connection with the practice of a system of self-defense.

      I've often wondered about that one. Nunchaku are a lot less dangerous
      than most handguns, rifles, and shotguns that are perfectly legal.
      They certainly are not weapons of mass destruction or very useful in
      warfare. That's in both the state and federal laws, and I've often
      wondered why.

      >(f) Breakable container that contains a flammable liquid with a flash
      >point of one hundred fifty degrees Fahrenheit or less and that has a
      >wick or similar device capable of being ignited.
      >
      >(g) Chemical or combination of chemicals, compounds or materials,
      >including dry ice, that are placed in a sealed or unsealed container
      >for the purpose of generating a gas to cause a mechanical failure,
      >rupture or bursting of the container.
      >
      >(h) Combination of parts or materials that is designed and intended
      >for use in making or converting a device into an item set forth in
      >subdivision (a) or (f) of this paragraph.
      >
      >B. The items set forth in subsection A, paragraph 7, subdivisions
      >(a), (b), (c) and (d) of this section do not include any firearms or
      >devices that are registered in the national firearms registry and
      >transfer records of the United States treasury department or any
      >firearm that has been classified as a curio or relic by the United
      >States treasury department.

      Thanks for digging up the statutes.

      Yours,

      Kevin
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