Published on:

Select Arizona Exemptions — Guns, Motorcycles and Professionally Prescribed Prostheses

by

When it comes to guns, motorcycles and prescribed health aides, folks get downright indignant if someone tries to take them away.

It seems people think the second amendment to the U.S. Constitution has something to do with guns. This amendment has been around for a long time. It was enacted by congress on December 15, 1791. It reads as follows: “A well regulated Militia, being necessary to the security of a free state, the
right of the people to keep and bear arms, shall not be infringed.”

Although the words are simple, the meaning has been debated by many people in the last several decades. Gun enthusiasts are pretty clear on the meaning, however, “stay away from my firearms”.

Motorcycles have been part of the American culture for a long time too. Bicycle racing was at its height in the United States in the 1890s and shortly after that, motor driven cycles were invented. The Harley-Davidson Motor Company made its appearance in the manufacture of motorcycles in 1903. By 1913 there were thirty-seven different makes of motorcycles being manufactured in the United States, including Indian, Thor, Black Hawk, Breed, and Corson Special. Motorcycle slogans such as “Live Fast, Die Young” and “Live to Ride, Ride to Live” express how many motorcyclists feel about the experience of owning a motorcycle.

1331297_old_motorbike.jpg

And of course, you are wondering, why are we interested in Prescribed Health Aides and what do they have to do with guns and motorcycles? Well, read on and you’ll learn something. Folks with wheelchairs, crutches, cains, and scooters can get just as indignant as bikers if you try and take their crutches away.

What is a Prescribed Health Aide or a Professionally Prescribed Prostheses in the bankruptcy context, anyway? There is virtually no case law on this. Research of the issues indicates that they are designed to allow an injured person to approximate normal body function or to compensate for the effect that the injury had on normal body functions So, if you want to file bankruptcy, its normally a “Voluntary” thing. This means that, due to your circumstances, you are choosing to file for bankruptcy. You do not have to do so. As a result, how bankruptcy affects your rights in relation to motorcycles, guns, and prescribed health aides is not an infringement of your constitutional or god given rights.

In Arizona, effective September 15, 2013, if you file a bankruptcy, you can exempt certain interests in motorcycles, guns, or professionally prescribed prostheses in new amounts. The relevant Arizona Revised Statutes, or portions thereof, are as follows:

“33-1125. Personal items The following property of a debtor used primarily for personal, family or household purposes shall be exempt from process:
… 7. One typewriter, one bicycle, one sewing machine, a family bible, a lot in any burial ground, one shotgun or one rifle or one pistol, not in excess of an aggregate fair market value of one thousand dollars.
8. One motor vehicle not in excess of a fair market value of six thousand dollars. If the debtor or debtor’s dependent is physically disabled, the equity in the motor vehicle shall not exceed twelve thousand dollars

9. Professionally prescribed prostheses for the debtor or a dependent of the debtor, including a wheelchair. ”

So, there are certain facts you have to face, in relation to guns, motorcycles, and medically prescribed prosthesis, should you choose to file bankruptcy.

A. You can keep ONE shotgun or ONE rifle or ONE pistol, not valued over $ 1,000.00. (This doubles if you are married).

B. You can keep ONE motor vehicle (this includes a motor-cycle) with a fair market value of $ 6,000.00. (This doubles if married.) The statute indicates that you may have a motor vehicle with equity of $ 12,000.00 if the debtor or debtor’s dependent is physically disability.

C. You can keep professionally prescribed prostheses for the debtor or a dependent of the debtor, including a wheelchair.

Its important to note that you may have issues successfully claiming a motor-cycle exempt under the physical disability aspect of the statute, unless you can show how the particular motorcycle meets the statutory requirement. Since the statute does not really say much about it, you may want to consider how a reasonable person might view your claim of exemption.

The gun exemption is going to $ 1,000.00 per gun, that’s a $ 2,000.00 gun if married (stacking exemptions) or two one-thousand guns if married.

1189093_firearm_1.jpg

Professionally prescribed prostheses are wide open. There are no upward dollar limits on these items. There is virtually no case law on what the definition of “professionally prescribed prostheses” is. Its apparent, however, that you need a professional to prescribe the item for you, presumably for a medical reason – mental or physical. So now we leave you with some questions for your consideration. Take a look at the pictures accompanying this post. If a debtor could obtain a prescription for these items, could they be successfully claimed as exempt, and therefore retained, when doing a bankruptcy? Remember, there is no dollar limit on professionally prescribed prostheses.