PHOENIX β Arizonans wonβt have to worry the state or city will demand a background check before someone can privately sell a refrigerator, a microwave β or a gun.
Gov. Doug Ducey on Monday signed legislation that bars all levels of government from requiring that the owner of any personal property be forced to search a federal or state database before transferring the item. The law, which takes effect later this summer, also says governments canβt require the involvement of a third party in such transfers of personal property.
Sen. Gail Griffin, R-Hereford, said the legislation is the outgrowth of a concern from a constituent who heard of restrictions being enacted elsewhere and wanted to be sure Arizona not only makes those illegal for itself but keeps cities and towns from their own such interference.
But the only such laws approved by voters in other states apply only to firearms, designed to close what some call the βgun show loopholeβ that allows individuals with multiple firearms to sell them at such events without getting the same background checks required for sales through licensed gun dealers.
The gun legislation is the latest bid by lawmakers to forestall some public demand for background checks for all sales, not just those made by licensed gun dealers.
For the moment, there are no state laws. But former Congresswoman Gabrielle Giffords and husband Mark Kelly are using their organization, Americans for Responsible Solutions, to lobby for such an Arizona law and to work to elect legislators who will approve such a check.
The more immediate effect would be on a Tucson ordinance that says anyone who wants to sell firearms at the city-owned convention center has to first make sure a background check has been done on the buyer to ensure that person is legally entitled to own a firearm.
Rep. Randall Friese, D-Tucson, said previously he believes SB 1122 could be used to try to overturn the 2001 Tucson ordinance.
That ordinance spells out that any firearm transferred on city property first needs a background check. It was specifically aimed at the gun shows that used to occur regularly at the cityβs convention center. The city law was challenged in court by gun show promoters as illegal, but a trial judge and the state Court of Appeals found that Tucson, as a charter city, has wide latitude in deciding the use of its property.
The Arizona Supreme Court declined to review the issue. As a result, gun shows have been moved to private venues.
Other signings
The governor on Monday also signed several other measures.
One with potentially broad effects would impose new restrictions on in-state moving companies.
Federal law already governs situations where people move from state to state. But the state Attorney Generalβs Office said there are many complaints from people moving within Arizona that a company quotes one price, picks up the goods but then insists on additional cash before delivering the items.
This new law not only requires up-front estimates but also says household goods must be delivered once the property owner pays that amount. Any dispute over additional services would have to be resolved later in court.
Ducey also penned his approval to legislation to allow up to 35 electronic billboards within a 40-mile radius of Bullhead City.
That legislation was sought by lobbyists for Lamar Advertising who said they were not part of the 2012 deal that made most of the state off-limits to the internally illuminated signs. The only place new ones are permitted is a swath from the eastern edge of the Phoenix metro area west to Yuma, protecting telescopes and dark skies for Southern, Southeastern and Northern Arizona.
The deal includes limits on illumination and a requirement the signs be switched off at 11 p.m. It also is crafted to bar the signs in and around Lake Havasu City and Hoover Dam.
