ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

 

HB 2472: businesses; firearms; unlawful acts

Sponsor: Representative Carroll, LD 22

Committee on Judiciary

Overview

Prohibits a government entity or financial institution from discriminating against firearm entities and prescribes civil penalties for violations.

History

Political subdivisions of this state are prohibited from enacting ordinances, rules or taxes relating to the possession, sale and licensing of firearms and firearm accessories. Additionally, political subdivisions are not authorized to require that firearms or firearm accessories be registered or licensed. Political subdivisions of this state are also prohibited from filing civil liability actions against firearm manufacturers (A.R.S. §§ 13-3108, 12-714).

The prevailing party in a civil case may be awarded reasonable attorney fees as determined by the court. The successful party is also entitled to recover from their opponent all costs expended or incurred unless specifically prohibited by law (A.R.S. §§ 12-341.01, 12-341).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits government entities and financial institutions from discriminating against firearm entities based on the firearm entity lawfully engaging in the commerce of firearms. (Sec. 3)

2.   Clarifies that a financial institution is entitled to terminate or refrain from entering financial service with firearm entities for business reasons as defined by this section. (Sec. 3)

3.   Defines business reasons in this section as not including policies of refusing financial services or otherwise discriminating against firearm entities. (Sec. 3)

4.   Enables a person to bring a civil action against a government entity or financial institution if the person is injured by violating this law and prescribes award amounts. (Sec. 3)

5.   Allows the Attorney General to file civil actions for violations of this law.  (Sec. 3)

6.   Outlines presumptive awards to be issued to the Attorney General following a successful action. (Sec. 3)

7.   Specifies if the Attorney General prevails in a civil action, the Attorney General must submit the financial institution's name to the Governor with a request to terminate all business relationships with the institution. (Sec. 3)

8.   Stipulates that if a person decides to file a civil action, that action must be filed within two years after discovering the violation. (Sec. 3)

9.   Defines ammunition, discriminate, financial institution, firearm, firearm accessory, firearm entity and trade association. (Sec. 3)

10.  Makes technical and conforming changes. (Sec. 1, 2)

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14.                    HB 2472

15.  Initials LC/JH        Page 0 Judiciary

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