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UPDATE: 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.