13-3122. Unlawful use of electronic firearm tracking technology; classification; definitions

370 words·~2 min read·/az/title-13/13-3122

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. It is unlawful to require a person to use or be subject to electronic firearm tracking technology or to disclose any identifiable information about the person or the person's firearm for the purpose of using electronic firearm tracking technology.

B. This section does not apply to any of the following:

1. A criminal justice employee who obtains a search warrant.

2. A pawnbroker or an employee of a pawnshop, secondhand dealer or auction house while the pawnbroker or employee uses electronic firearm tracking technology to report information to the sheriff or the sheriff's designee pursuant to section 44-1625 or a similar reporting requirement.

3. A probation, parole or surveillance officer who supervises a person who is serving a term of probation, community supervision or parole.

4. The owner of a firearm if the owner consents in writing to the use of electronic firearm tracking technology on that owner's firearm.

C. A person who violates this section is guilty of a class 6 felony.

D. For the purposes of this section:

1. "Criminal justice employee" includes a peace officer and a prosecutor and includes any employee of a law enforcement agency who is authorized in the execution of the employee's official duties to use electronic firearm tracking technology or to obtain or disclose any identifiable information about a person or a person's firearm in order to use electronic firearm tracking technology.

2. "Electronic firearm tracking technology" means a platform, system or device or a group of systems or devices that uses a shared ledger, distributed ledger or blockchain technology or any other similar form of technology or electronic database for the purpose of storing information in a decentralized or centralized way, that is not owned or controlled by any single person or entity and that is used to locate or control the use of a firearm. Electronic firearm tracking technology does not include a law enforcement database, including the adult probation enterprise tracking system, the juvenile online tracking system, the justice web interface, the Arizona criminal justice information system, the national crime information center, the national integrated ballistic information network and a local records management system that is used to manage or process stolen, lost, found, stored or evidentiary firearms.