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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
civil liability; gun-free zones
Purpose
Imposes civil liability on government entities for persons harmed by criminal conduct occurring in gun-free zones when the person harmed could have been helped by being able to possess a firearm.
Background
Statute enumerates various ways that a person commits misconduct involving weapons. Punishment for misconduct involving weapons ranges from a class 2 felony to a class 3 misdemeanor, depending on the circumstances of the offense. Statute contains exceptions for persons authorized by law and peace officers, members of the military, correctional officers and other licensed professionals, in performing their official duties, from criminal liability for the offense.
A person commits misconduct involving weapons by knowingly entering a public establishment or attending any public event and carrying a deadly weapon after a reasonable request to remove the weapon and place it in temporary and secure storage. Misconduct involving weapons under this scenario is a class 1 misdemeanor (A.R.S. § 13-3102).
The operator of a public establishment or sponsor of a public event that requires persons to place firearms in secure storage is not liable unless the operator, sponsor or its employee or agent intended to cause injury or was grossly negligent (A.R.S. §§ 13-3102 and 13-3102.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. States that a government entity that establishes a gun-free zone is liable for any damages claimed by a person who was harmed by criminal conduct in the gun-free zone if a reasonable person would believe that possession of a firearm could have helped the person defend against the criminal conduct.
2. Requires a government entity that establishes a gun-free zone that is open to the public and that prevents a customer, vendor or employee (attendee) from exercising the attendee's right to self-protection, which the person would otherwise be legally entitled to, to provide to the attendee the level of protection from injury that the attendee would have but for the government entity's decision to prohibit firearms.
3. Imposes strict liability for damages against a government entity that fails to provide the required protections from injury to its attendees.
4. Removes the existing qualified immunity for the operator of a public establishment or sponsor of a public event that requires persons to place firearms in secure storage.
5. Defines gun-free zone as any government owned and occupied building, place, area or curtilage that is open to the public, or in or on any public conveyance, where a person's right or ability to possess a firearm is infringed, restricted or diminished in any way by a rule, regulation, policy, code, ordinance, utterance or posted sign.
6. Excludes locations where firearms are prohibited by federal law and correctional facilities from the definition of gun-free zone.
7. Defines criminal conduct.
8. Makes conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes the ability to receive treble damages if the person harmed in a gun-free zone is a member of a particular class of victims.
2. Modifies the definition of gun-free zone.
Amendments Adopted by Committee of the Whole
· Excludes locations where firearms are prohibited by federal law and correctional facilities from the definition of gun-free zone.
Senate Action
JUD 2/13/20 DPA 4-3-0
Prepared by Senate Research
March 5, 2020
JA/kja