A. Except as provided in subsection B of this section, an unemancipated person who is under eighteen (18) years of age and who is unaccompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the unemancipated person's parent or guardian, shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property owned or leased by the minor or the minor's parent, grandparent or guardian.
B. This section does not apply to a person who is fourteen (14), fifteen (15), sixteen (16) or seventeen (17) years of age and is any of the following:
1. Engaged in lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited;
2. Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting;
3. Engaged in lawful transportation of an unloaded firearm between the hours of five o'clock (5:00) A.M. and ten o'clock (10:00) P.M. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
C. If the minor is not exempt under subsection B of this section and is in possession of a firearm, a peace officer shall seize the firearm at the time the violation occurs.
D. A person who violates subsection A of this section is a delinquent child and shall be subject to the following penalties:
1. For an offense involving an unloaded firearm, a fine of not more than two hundred fifty dollars ($250.00), and the court may order the suspension or revocation of the person's driver's license until the person reaches eighteen (18) years of age. If the person does not have a driver's license at the time of the adjudication, the court may direct that the department of transportation not issue a driver's license to the person until the person reaches eighteen (18) years of age.
2. For an offense involving a loaded firearm, a fine of not more than five hundred dollars ($500.00), and the court may order the suspension or revocation of the person's driver's license until the person reaches eighteen (18) years of age. If the person does not have a driver's license at the time of the adjudication, the court may direct that the department of transportation not issue a driver's license to the person until the person reaches eighteen (18) years of age.
3. For an offense involving a loaded or unloaded firearm, if the person possessed the firearm while the person was the driver or an occupant of a motor vehicle, a fine of not more than five hundred dollars ($500.00) and the court shall order the suspension or revocation of the person's driver's license until the person reaches eighteen (18) years of age. If the person does not have a driver's license at the time of adjudication, the court shall direct that the department of transportation not issue a driver's license to the person until the person reaches eighteen (18) years of age. If the court finds that no other means of transportation is available, the driving privileges of the child may be restricted to travel between the child's home, school and place of employment during specified periods of time according to the child's school and employment schedule.
E. A violation of this section shall be charged, heard and disposed of pursuant to Arizona Revised Statutes section 8-232.
F. Firearms seized pursuant to subsection C of this section shall be held by the law enforcement agency responsible for the seizure until the charges have been adjudicated or disposed of otherwise. Upon adjudication of a person for a violation of this section, the court shall order the firearm forfeited. However, the law enforcement agency shall return the firearm to the lawful owner if the identity of that person is known.
G. If the court finds that the parent or guardian of a minor found responsible for violating this section knew or reasonably should have known of the minor's unlawful conduct and made no effort to prohibit it, the parent or guardian is jointly and severally responsible for any fine imposed pursuant to this section or for any civil actual damages resulting from the unlawful use of the firearm by the minor.
H. This section is supplemental to any other law imposing a criminal penalty for the use or exhibition of a deadly weapon. A minor who violates this section may be prosecuted and convicted for any other criminal conduct involving the use or exhibition of the deadly weapon. (Ord. 15-833, 1-12-2015)