HB2554 - 511R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 12-714, Arizona Revised Statutes, is amended to read:

START_STATUTE12-714. Actions against firearm manufacturers; prohibition; findings; definitions

A. A political subdivision of this state shall not commence a qualified civil liability action in any Arizona court.

B. The legislature finds that:

1. The citizens of this state have the right, under the second amendment to the United States Constitution and article 2 II, section 26 of the Arizona Constitution, to keep and bear arms.

2. Lawsuits have been commenced against the manufacturers, distributors, dealers and importers of nondefective firearms for the harm caused by the misuse of firearms by third parties, including criminals.

3. Businesses in the United States that are engaged in the lawful sale to the public of firearms or ammunition are not, and should not be liable for the harm caused by those who unlawfully misuse firearms or ammunition.

4. The possibility of imposing liability on an entire industry for harm that is the sole responsibility of others is an abuse of the legal system, threatens the diminution of a basic constitutional right and constitutes an unreasonable burden on the free enterprise system.

5. The liability actions commenced by political subdivisions are based on theories without foundation in the common law and American jurisprudence. Such an expansion of liability would constitute a deprivation of the rights, privileges and immunities guaranteed to citizens of this state under both the Constitution of Arizona and the United States Constitution.

C. As used in For the purposes of this section:

1. "Manufacturer" means, with respect to a qualified product:

(a) A person who is engaged in a business to import, make, produce, create or assemble a qualified product and who designs or formulates, or has engaged another person to design or formulate, a qualified product.

(b) A seller of a qualified product, but only with respect to an aspect of the product that is made or affected when the seller makes, produces, creates or assembles and designs or formulates an aspect of the product made by another person.

(c) Any seller of a qualified product who represents to a user of a qualified product that the seller is a manufacturer of the qualified product.

2. "Qualified civil liability action" means a civil action brought by a political subdivision against a manufacturer or seller of a qualified product or a trade association, for damages resulting from the criminal or unlawful misuse of a qualified product by a third party. Qualified civil liability action does not include an action brought against a transferor convicted under 18 United States Code section 924(h) or section 13‑3102, subsection A, paragraph 14, 13 by a party directly harmed by the conduct of which the transferee is convicted.

3. "Qualified product" means a nondefective firearm as defined in 18 United States Code section 921(a)(3) or nondefective ammunition as defined in 18 United States Code section 921(a)(17), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce.

4. "Seller" means, with respect to a qualified product, a person who either:

(a) In the course of a business conducted for that purpose sells, distributes, rents, leases, prepares, blends, packages, labels or otherwise is involved in placing a qualified product in the stream of commerce.

(b) Installs, repairs, refurbishes, reconditions or maintains an aspect of a qualified product that is alleged to have resulted in damages.

5. "Trade association" means any association or business organization, whether or not incorporated under federal or state law, two or more members of which are manufacturers or sellers of a qualified product. END_STATUTE

Sec. 2. Section 13-3102, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3102. Misconduct involving weapons; defenses; classification; definitions

A. A person commits misconduct involving weapons by knowingly:

1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:

(a) In the furtherance of a serious offense as defined in section 13‑706, a violent crime as defined in section 13‑901.03 or any other felony offense; or

(b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or

2. Carrying a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under twenty-one years of age; or

3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or

4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; or

5. Selling or transferring a deadly weapon to a prohibited possessor; or

6. Defacing a deadly weapon; or

7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or

8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or

9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or

10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13‑3102.01; or

11. 10. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or

12. 11. Possessing a deadly weapon on school grounds; or

13. 12. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or

14. 13. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony; or

15. 14. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13‑2301 or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism as defined in section 13‑2301.

16. 15. Trafficking in weapons or explosives for financial gain in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.

B. Subsection A, paragraph 2 of this section shall not apply to:

1. A person in his dwelling, on his business premises or on real property owned or leased by that person or that person's parent, grandparent or legal guardian.

2. A member of the sheriff's volunteer posse or reserve organization who has received and passed firearms training that is approved by the Arizona peace officer standards and training board and who is authorized by the sheriff to carry a concealed weapon pursuant to section 11-441.

3. A firearm that is carried in:

(a) A manner where any portion of the firearm or holster in which the firearm is carried is visible.

(b) A holster that is wholly or partially visible.

(d) Luggage.

(e) A case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.

C. Subsection A, paragraphs 2, 3, 7, 10, 11, and 12 and 13 of this section shall not apply to:

1. A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties; or

2. A member of the military forces of the United States or of any state of the United States in the performance of official duties; or

3. A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections; or

4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States.

D. Subsection A, paragraphs 3 and 7 of this section shall not apply to:

1. The possessing, transporting, selling or transferring of weapons by a museum as a part of its collection or an educational institution for educational purposes or by an authorized employee of such museum or institution, if:

(a) Such museum or institution is operated by the United States or this state or a political subdivision of this state, or by an organization described in 26 United States Code section 170(c) as a recipient of a charitable contribution; and

(b) Reasonable precautions are taken with respect to theft or misuse of such material.

2. The regular and lawful transporting as merchandise; or

3. Acquisition by a person by operation of law such as by gift, devise or descent or in a fiduciary capacity as a recipient of the property or former property of an insolvent, incapacitated or deceased person.

E. Subsection A, paragraph 3 of this section shall not apply to the merchandise of an authorized manufacturer of or dealer in prohibited weapons, when such material is intended to be manufactured, possessed, transported, sold or transferred solely for or to a dealer, a regularly constituted or appointed state, county or municipal police department or police officer, a detention facility, the military service of this or another state or the United States, a museum or educational institution or a person specifically licensed or permitted pursuant to federal or state law.

F. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or shooting events, hunting areas or similar locations or activities.

G. F. Subsection A, paragraph 3 of this section shall not apply to a weapon described in section 13‑3101, subsection A, paragraph 8, subdivision (a), item (v), if such weapon is possessed for the purposes of preparing for, conducting or participating in lawful exhibitions, demonstrations, contests or athletic events involving the use of such weapon. Subsection A, paragraph 12 11 of this section shall not apply to a weapon if such weapon is possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.

H. G. Subsection A, paragraph 12 11 of this section shall not apply to the possession of a:

1. Firearm that is not loaded and that is carried within a means of transportation under the control of an adult provided that if the adult leaves the means of transportation the firearm shall not be visible from the outside of the means of transportation and the means of transportation shall be locked.

2. Firearm for use on the school grounds in a program approved by a school.

3. Firearm by a person who possesses a certificate of firearms proficiency pursuant to section 13‑3112, subsection T and who is authorized to carry a concealed firearm pursuant to the law enforcement officers safety act of 2004 (P.L. 108‑277; 118 Stat. 865; 18 United States Code sections 926B and 926C).

I. H. Subsection A, paragraphs 2, 3, 7 and 13 12 of this section shall not apply to commercial nuclear generating station armed nuclear security guards during the performance of official duties or during any security training exercises sponsored by the commercial nuclear generating station or local, state or federal authorities.

J. The operator of the establishment or the sponsor of the event or the employee of the operator or sponsor or the agent of the sponsor, including a public entity or public employee, is not liable for acts or omissions pursuant to subsection A, paragraph 10 of this section unless the operator, sponsor, employee or agent intended to cause injury or was grossly negligent.

K. I. If a law enforcement officer contacts a person who is in possession of a firearm, the law enforcement officer may take temporary custody of the firearm for the duration of that contact.

L. J. Misconduct involving weapons under subsection A, paragraph 15 14 of this section is a class 2 felony. Misconduct involving weapons under subsection A, paragraph 9, 14 13 or 16 15 of this section is a class 3 felony. Misconduct involving weapons under subsection A, paragraph 3, 4, 8 or 13 12 of this section is a class 4 felony. Misconduct involving weapons under subsection A, paragraph 12 11 of this section is a class 1 misdemeanor unless the violation occurs in connection with conduct that violates section 13‑2308, subsection A, paragraph 5, section 13‑2312, subsection C, section 13‑3409 or section 13‑3411, in which case the offense is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 1, subdivision (a) of this section or subsection A, paragraph 5, 6 or 7 of this section is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 1, subdivision (b) of this section or subsection A, paragraph 10 or 11 of this section is a class 1 misdemeanor. Misconduct involving weapons under subsection A, paragraph 2 of this section is a class 3 misdemeanor.

M. K. For the purposes of this section:

1. "Contacted by a law enforcement officer" means a lawful traffic or criminal investigation, arrest or detention or an investigatory stop by a law enforcement officer that is based on reasonable suspicion that an offense has been or is about to be committed.

2. "Public establishment" means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state.

3. "Public event" means a specifically named or sponsored event of limited duration that is either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity. Public event does not include an unsponsored gathering of people in a public place.

4. 2. "School" means a public or nonpublic kindergarten program, common school or high school.

5. 3. "School grounds" means in, or on the grounds of, a school. END_STATUTE

Sec. 3. Repeal

Section 13-3102.01, Arizona Revised Statutes, is repealed.

Sec. 4. Section 13-3108, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3108. Firearms regulated by state; state preemption; violation; classification; definitions

A. Except as provided in subsection subsections F and G of this section, a This state and any agency or political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state.

B. A This state and any agency or political subdivision of this state shall not require the licensing or registration of firearms or ammunition or any firearm or ammunition components or related accessories or prohibit the ownership, purchase, sale or transfer of firearms or ammunition or any firearm or ammunition components, or related accessories.

C. A This state and any agency or political subdivision of this state shall not require or maintain a record in any form, whether permanent or temporary, including a list, log or database, of any of the following:

1. Any identifying information of a person who leaves a weapon in temporary storage at any public establishment or public event, except that the operator of the establishment or the sponsor of the event may require that a person provide a government issued identification or a reasonable copy of a government issued identification for the purpose of establishing ownership of the weapon. The operator or sponsor shall store any provided identification with the weapon and shall return the identification to the person when the weapon is retrieved. The operator or sponsor shall not retain records or copies of any identification provided pursuant to this paragraph after the weapon is retrieved.

2. Except in the course of a law enforcement investigation or as provided in subsection G of this section, any identifying information of a person who purchases, sells or transfers a firearm, unless the transaction involves a federally licensed firearms dealer.

3. The description, including the serial number, of a weapon that is left in temporary storage at any public establishment or public event.

D. A This state and any agency or political subdivision of this state shall not enact any rule or ordinance that relates to firearms and is more prohibitive than or that has a penalty that is greater than any state law penalty. A political subdivision's rule or ordinance that relates to firearms and that is inconsistent with or more restrictive than state law, whether enacted before or after the effective date of the amendment to this section July 29, 2010, is null and void.

E. A political subdivision of this state shall not enact any ordinance, rule or regulation limiting the lawful taking of wildlife during an open season established by the Arizona game and fish commission unless the ordinance, rule or regulation is consistent with title 17 and rules and orders adopted by the Arizona game and fish commission. This subsection does not prevent a political subdivision from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure. For the purposes of this subsection, "take" has the same meaning prescribed in section 17‑101.

F. This section does not prohibit a this state and any agency or political subdivision of this state from enacting and enforcing any ordinance or rule pursuant to state law or relating to any of the following:

1. 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, firearms or ammunition or any firearm or ammunition components at a rate that applies generally to other items of tangible personal property.

2. Prohibiting a minor who is unaccompanied by a parent, grandparent or guardian or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the minor's parent, grandparent or guardian from knowingly possessing or carrying on the minor's person, within the minor's immediate control or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property that is owned or leased by the minor or the minor's parent, grandparent or guardian. Any ordinance or rule that is adopted pursuant to this paragraph shall not apply to a minor who is fourteen, fifteen, sixteen or seventeen years of age and who is engaged in any of the following:

(a) Lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

(b) Lawful transportation of an unloaded firearm for the purpose of lawful hunting.

(c) Lawful transportation of an unloaded firearm for the purpose of attending shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

(d) Any activity that is related to the production of crops, livestock, poultry, livestock products, poultry products or ratites or storage of agricultural commodities.

3. The regulation of land and structures, including a business relating to firearms or ammunition or their components or a shooting range in the same manner as other commercial businesses. Notwithstanding any other law, this paragraph does not authorize a this state and any agency or political subdivision of this state to regulate the sale or transfer of firearms on property it owns, leases, operates or controls in a manner that is different than or inconsistent with state law. For the purposes of this paragraph, a use permit or other contract that provides for the use of property owned, leased, operated or controlled by a this state and any agency or political subdivision of this state shall not be considered a sale, conveyance or disposition of property.

4. Regulating employees or independent contractors of the this state and any agency or political subdivision of this state who are acting within the course and scope of their employment or contract. This paragraph does not prohibit the lawful transporting or lawful storing of any firearm pursuant to section 12-781.

5. Limiting or prohibiting the discharge of firearms in parks and preserves except:

(a) As allowed pursuant to chapter 4 of this title.

(b) On a properly supervised range as defined in section 13‑3107.

(c) In an area approved as a hunting area by the Arizona game and fish department. Any such area may be closed when deemed unsafe by the director of the Arizona game and fish department.

(d) To control nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.

(e) By special permit of the chief law enforcement officer of the political subdivision.

(f) As required by an animal control officer in performing duties specified in section 9‑499.04 and title 11, chapter 7, article 6.

(g) In self‑defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.

6. Limiting or prohibiting the intentional possession of firearms in a public establishment or at a public event if a sign is conspicuously posted prohibiting the possession of firearms at all public entrances and the public establishment or public event is equipped with secure firearm lockers that are in reasonable proximity to the main entrance and are under the control of the operator, operator's designated agent, sponsor or sponsor's designated agent and that allow for the immediate checking or retrieval, which shall not exceed five minutes, of the weapon on entrance or exit from the establishment or event. The sign shall conform to the following requirements:

1. State the location of the nearest secure firearm locker.

2. Contain a pictogram that shows a firearm within a red circle and a diagonal red line across the firearm.

3. Be composed of block, capital letters printed in black on white laminated paper at a minimum weight of one hundred ten pound index. The lettering and pictogram shall fill a space that is at least six inches by nine inches. The letters comprising the words shall be at least three‑fourths of a vertical inch.

G. A political subdivision of this state may enact any rule or ordinance requiring a business that obtains a secondhand firearm by purchase, trade or consignment to retain the firearm for a period of not more than ten days at its place of business or another storage location that is approved by the applicable law enforcement agency.

H. An ordinance or rule that is enacted pursuant to subsection F, paragraph 6 of this section does not apply to any of the following:

1. A peace officer or any person summoned by a peace officer to assist and while actually assisting in the performance of official duties.

2. Any shooting ranges or shooting events, hunting areas or similar locations or activities.

3. A community college district or a university under the jurisdiction of the arizona board of regents.

G. I. A violation of any ordinance established that is enacted pursuant to subsection F, paragraph 5 of this section is a class 2 misdemeanor unless the political subdivision designates a lesser classification by ordinance. A violation of any ordinance that is enacted pursuant to subsection F, paragraph 6 of this section is a class 3 misdemeanor, except if the public establishment or public event is a secured facility, it is a class 1 misdemeanor.

J. Any ordinance or rule that does not comply with all of the requirements of subsection F, paragraph 6 of this section is null and void and not enforceable.

H. K. For the purposes of this section: ,

1. "Controlled access" means access is controlled or restricted by the presence of either of the following:

(a) A state or federal certified law enforcement officer.

(b) An armed security officer and metal detection, x-ray, screening or other weapon detection equipment.

2. "Governmental purpose" means used or intended to be used to perform government functions on behalf of this state or any agency or political subdivision of this state. Governmental purpose does not include the operation of a multipurpose facility.

3. "Multipurpose facility" means any facility that is suitable to be used to accommodate professional sporting franchises, major college football bowl sponsors, other sporting activities and entertainment, cultural, civic, meeting, trade show or convention events or activities and may include a stadium and on-site infrastructure and related commercial uses within the facility.

4. "Political subdivision" includes municipalities, counties, special taxing districts, conservation districts, authorities, the governing body of a political subdivision and its members and officers in their official capacity and a political subdivision acting in any capacity, including under police power, in a proprietary capacity or otherwise.

5. "Public establishment" means a structure, vehicle or craft that is owned, leased, used, operated, contracted for or controlled by this state or any agency or political subdivision of this state, when used by a governmental entity for a governmental purpose.

6. "Public event" means a specifically named or sponsored event of limited duration that is either conducted by a governmental entity or conducted by a private entity with a permit or license granted by a governmental entity. Public event does not include an event at a multipurpose facility or an unsponsored gathering of people in a public place.

7. "Reasonable proximity" means located within an individual building or structure or an adjacent building, structure or location that is not more than two hundred feet away from the main entrance.

8. "Secured facility" means any public establishment, public event or public building or structure or any portion of a building or structure that is used primarily by a public agency and that is not accessible to the general public except by controlled access. END_STATUTE

Sec. 5. Repeal

Section 13-3118, Arizona Revised Statutes, is repealed.

Sec. 6. Section 13-4903, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4903. Use of force; armed nuclear security guards

A. An armed nuclear security guard is justified in using physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed nuclear security guard reasonably believes that such force is necessary to prevent or terminate the commission or attempted commission of criminal damage under section 13‑1602, subsection A, paragraph 3 and subsection B, paragraph 1 or 2, misconduct involving weapons under section 13‑3102, subsection A, paragraph 13 12 or criminal trespass on a commercial nuclear generating station under section 13‑4902.

B. Notwithstanding sections 13‑403, 13‑404, 13‑405, 13‑406, 13‑408, 13‑409, 13‑410 and 13‑411, an armed nuclear security guard is justified in using physical force up to and including deadly physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed nuclear security guard reasonably believes that such force is necessary to:

1. Prevent the commission of manslaughter under section 13‑1103, second or first degree murder under section 13‑1104 or 13‑1105, aggravated assault under section 13‑1204, subsection A, paragraph 1 or 2, kidnapping under section 13‑1304, burglary in the second or first degree under section 13‑1507 or 13‑1508, arson of a structure or property under section 13‑1703, arson of an occupied structure under section 13‑1704, armed robbery under section 13‑1904 or an act of terrorism under section 13‑2308.01.

2. Defend oneself or a third person from the use or imminent use of deadly physical force.

C. Notwithstanding any other provision of this chapter, an armed nuclear security guard is justified in threatening to use physical or deadly physical force if and to the extent a reasonable armed nuclear security guard believes it necessary to protect oneself or others against another person's potential use of physical force or deadly physical force.

D. An armed nuclear security guard is not subject to civil liability for engaging in conduct that is otherwise justified pursuant to this chapter. END_STATUTE

Sec. 7. Section 13-4904, Arizona Revised Statutes, is amended to read:

START_STATUTE13-4904. Detention authority; armed nuclear security guards

A. An armed nuclear security guard, with reasonable belief, may detain in or on a commercial nuclear generating station or a structure or fenced yard of a commercial nuclear generating station in a reasonable manner and for a reasonable time any person who is suspected of committing or attempting to commit manslaughter under section 13‑1103, second or first degree murder under section 13‑1104 or 13‑1105, aggravated assault under section 13‑1204, subsection A, paragraph 1 or 2, kidnapping under section 13‑1304, burglary in the second or first degree under section 13‑1507 or 13‑1508, criminal damage under section 13‑1602, subsection A, paragraph 3 and subsection B, paragraph 1 or 2, arson of a structure or property under section 13‑1703, arson of an occupied structure under section 13‑1704, armed robbery under section 13‑1904, an act of terrorism under section 13‑2308.01, misconduct involving weapons under section 13‑3102, subsection A, paragraph 13 12 or criminal trespass on a commercial nuclear generating station under section 13‑4902 for the purpose of summoning a law enforcement officer.

B. Reasonable belief of an armed nuclear security guard is a defense to a civil or criminal action against an armed nuclear security guard for false arrest, false or unlawful imprisonment or wrongful detention. END_STATUTE

Sec. 8. Section 15-515, Arizona Revised Statutes, is amended to read:

START_STATUTE15-515. Duty to report violations occurring on school premises

All school personnel who observe a violation of section 13‑3102, subsection A, paragraph 12 11 or section 13‑3111 on school premises shall immediately report the violation to the school administrator. The administrator shall immediately report the violation to a peace officer. The peace officer shall report this violation to the department of public safety for inclusion in the statewide and federal uniform crime reports prescribed in section 41‑1750, subsection A, paragraph 2. END_STATUTE