AZ Governor Signs Nation's First Knife Preemption Law!
April 28: Arizona Governor Jan Brewer has signed the the nation's first Knife Preemption Law, advanced by Knife Rights. The bill, SB1153, was passed by bipartisan votes of 36-19 in the Arizona House and 19-9 in the Arizona Senate. It will take effect 90 days after the legislature adjourns, expected this week, and not only prevents political subdivisions from enacting new ordinances and rules, but voids all existing restrictive knife ordinances. In combination with Arizona's recently enacted constitutional concealed carry law, knife owners in Arizona will enjoy the most accommodating knife laws in the country.
read the final bill with Governor Brewer's requested amendments incorporated (which improved the final bill).
Arizona Knife Law Premption
(Final text of the law with the Governor's requested amendments incorporated)
Section 1. Title 13, chapter 31, Arizona Revised Statutes, is amended by adding section 13-3120, to read:
13-3120. Knives regulated by state; state preemption; definitions
A. Except as provided in subsections C and D, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration or use of a knife or knife making components in this state.
B. A political subdivision of this state shall not enact any rule or ordinance that relates to the manufacture of a knife and that is more prohibitive than or that has a penalty that is greater than any rule or ordinance that is related to the manufacture of any other commercial goods.
C. This section does not prohibit a political subdivision of this state from enacting and enforcing any ordinance or rule pursuant to state law, to implement or enforce state law or relating to imposing any privilege or use tax on the retail sale, lease or rental of, or the gross proceeds or gross income from the sale, lease or rental of, a knife or any knife components at a rate that applies generally to other items of tangible personal property.
D. This section does not prohibit a political subdivision of this state from regulating employees or independent contractors of the political subdivision who are acting within the course and scope of their employment or contract.
E. A political subdivision's rule or ordinance that relates to knives and that is inconsistent with or more restrictive than state law, whether enacted before or after the effective date of this amendment to this section, is null and void.
F. For the purposes of this section:
1. "Knife" means a cutting instrument and includes a sharpened or pointed blade.
2. "Political subdivision" includes any county, city, including a charter city, town, municipal corporation or special district, any board, commission or agency of a county, city, including a charter city, town, municipal corporation or special district or any other local public agency.
Legislative intent
It is the intent of the legislature to preempt the regulation of knives in this state. Knife regulation is of statewide concern. Therefore, the legislature intends to limit the ability of any political subdivision of this state to regulate knives. This act applies to any ordinance enacted before or after the effective date of this act.
NOTE: In addition, section 15-341, Arizona Revised Statutes; relating to weapons, was amended by adding reference to this new section 13-3120 to mirror the existing inclusion of the firearms preemption section. This will allow schools to continue to prohibit knives on campus, if they so choose, maintaining the status quo in this regard.
The passage of Arizona's Knife Preemption Law is precedent setting for knife owner rights. Arizona is the first state to establish specific preemption for knife laws and this represents the successful kick-off of Knife Rights' National Knife Law Preemption Campaign, a key component of Knife Rights national legislative agenda to protect and enhance knife owners rights. Knife Rights anticipates that the Arizona preemption law will serve as a model for preemption efforts in other states whose citizens are subject to a similar patchwork of restrictive local knife laws with attendant civil rights issues. We have already been approached by a number of legislators and citizens who want to initiate knife law preemption for their states. Knife Rights will aggressively pursue these opportunities.
Knife Rights' national strategy is to work to enact knife preemption laws throughout the United States. This would afford the same protection to knife owners that firearms owners in forty six states already enjoy (New Jersey is unique in that it provides for preemption for all criminal statues, which also includes knives, but it does not have a specific knife preemption law). Arizona is just the start.
Preemption prevents the creation of, or eliminates, a patchwork of ordinances and rules which serve to confuse or entrap those traveling within or through the state. A person traveling in a state without preemption laws could be charged with a violation of local law when they have no intention of violating the law. Further, local ordinances often violate the right to bear arms as guaranteed by the Second Amendment and, in many cases, by the states own constitution.
Knife Rights sincerely appreciates the strong legislative leadership provided by the bill's primary sponsor, Arizona Senate Majority Leader Chuck Gray, as well as the support of co-sponsors: Senators Ron Gould, Russell Pearce, Frank Antenori, Jack Harper, Al Melvin, Jonathan Paton and Thayer Verschoor and Representatives David Gowan, Carl Seel, David Stevens, Cecil Ash, Ray Barnes, Andy Biggs, Judy Burges, Steve Court, Debbie Lesko, Steve Montenegro, Rick Murphy and Warde Nichols. Thanks also to all the legislators, from both sides of the aisle, who voted for the preemption bill. At a time when partisan politics seems the norm, the bipartisan support was very welcome and testament to the common-sense appeal of knife law preemption.
