(A) Except as provided in division (B) of this section, an unemancipated person who is under 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 or her person, within his or her 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 14, 15, 16 or 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 5:00 a.m. and 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; or
(4) Engaged in activities requiring the use of a firearm that are related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities.
(C) If the minor is not exempt under division (B) of this section and is in possession of a firearm, a peace officer may seize the firearm and hold it until the agency returns the firearm to the parent or guardian or initiates forfeiture proceedings pursuant to A.R.S. Title 13, Chapter 39.
(D) A person who violates division (A) of this section is an incorrigible child and shall be subject to the penalties set forth in § 130.99.
(E) If the firearm is not returned to the parent or guardian pursuant to division (C) of this section, it shall be held by the law enforcement agency responsible for the seizure until the charges have been adjudicated or otherwise disposed of and until the conclusion of any forfeiture proceedings. Upon adjudication of a person for a violation of this section, the Court in accordance with A.R.S. Title 13, Chapter 39 shall order the firearm forfeited and sold, destroyed or disposed of otherwise.
(F) If the Court finds that the parent or guardian of a minor found responsible for violating this section knew 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.
(G) 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.
(1991 Code, § 11-1-11) (Ord. 85-1993, passed 10-18-1993) Penalty, see § 130.99
Statutory reference:
Similar provisions, see A.R.S. § 13-3111