Bill

HCR 2037

prohibited weapons; definition repeal

57th Legislature - First Regular Session Introduced by Rachel Keshel and 2 co-sponsors

Proposes a ballot measure to redefine prohibited weapons, restore firearm rights, and carve out federally compliant items, with the measure submitted by referendum.

DPA/SE

WeVote Research Nonpartisan

Bill Summary · HCR 2037

Summary — HCR 2037 (2025) — "Prohibited weapons; definition repeal" (concurrent resolution)

Overview / Purpose

HCR 2037 is a legislative referral that would place an act on the statewide ballot asking voters to approve changes to Arizona criminal statutes governing "prohibited weapons." The measure declares legislative intent “to restore to the people their right to keep and bear arms without infringement by the State of Arizona” and is captioned the "Shall Not Be Infringed Act." If approved by voters and proclaimed by the Governor, the act would amend definitions in Arizona Revised Statutes related to prohibited weapons (chiefly A.R.S. §13‑3101) and related statutory language.

Key provisions (as presented)

Revises the definitions section of the prohibited‑weapons chapter (A.R.S. §13‑3101). The House Engrossed version replaces §13‑3101 with a definitions list that:
- Defines terms including “deadly weapon,” “deface,” “explosive,” “firearm,” “improvised explosive device,” “occupied structure,” “prohibited possessor,” “prohibited weapon,” and “trafficking.”
- Lists items that qualify as a “prohibited weapon” (bombs, grenades, devices to muffle firearm reports, fully automatic firearms, short‑barreled rifles/shotguns, certain incendiary containers, certain chemical combinations, improvised explosive devices, and combinations of parts intended to make such devices).
- Explicitly excludes from the items listed as prohibited those firearms or devices “possessed, manufactured or transferred in compliance with federal law.”
Adds sections not present in current statutes:
- A legislative intent clause stating the purpose of restoring firearm rights.
- A short‑title clause naming the measure the "Shall Not Be Infringed Act."
Procedural mechanism: HCR 2037 is a concurrent resolution ordering submission of the act to the voters under the Legislature’s referendum power; the Secretary of State is directed to place the proposition on the ballot at the next general election.

Note: The introduced version referenced amendments to A.R.S. §§13‑3101, 13‑3102 and 13‑3110, but the House Engrossed version as filed changes §13‑3101 and adds the intent and short‑title sections. The bill text available is truncated in places; readers should consult the official enrolled text for final statutory language.

Who would be affected

Arizona residents who possess, manufacture, transfer or use firearms, firearm accessories (such as suppressors), explosives, or related devices.
Persons currently designated as “prohibited possessors” (e.g., certain felony convicts, persons under certain mental‑health orders) — definitions remain in the text.
Firearms retailers, manufacturers, and ranges insofar as state prohibitions or compliance obligations change.
Law enforcement and prosecutors, because statutory definitions affect what conduct is criminal and how offenses are charged.

Potential legal and practical impacts

If voters approve, the statutory redefinition and the explicit carve‑out for conduct compliant with federal law could reduce or eliminate some state‑level prohibitions and enforcement against items otherwise regulated federally.
Could raise preemption and constitutionality questions where state restrictions intersect with federal firearms laws.
Public‑safety, law‑enforcement policy, and industry compliance implications depend on the final statutory adjustments and subsequent interpretation by courts and agencies.

Procedural history & next steps

Introduced: Jan 29, 2025.
House passed (transmitted to Senate): Feb 26, 2025.
Senate readings: First Reading Mar 20, 2025; Second Reading Mar 24, 2025.
Status: DPA/SE (Do Pass As Amended / Senate Engrossed) recorded Mar 26, 2025.
Current disposition: Concurrent resolution ordering submission to voters. If approved by a majority of voters at the next general election and proclaimed by the Governor, the act becomes law.