PREFILED JAN 09 2020
|
REFERENCE TITLE: firearm manufacturers; civil liability |
|
State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
|
|
HB 2136 |
|
|
|
Introduced by Representative Lawrence
|
AN ACT
amending section 12‑714, Arizona Revised Statutes; relating to civil proceedings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-714, Arizona Revised Statutes, is amended to read:
12-714. Actions against firearm manufacturers; prohibition; findings; definitions
A. A political subdivision of this state person 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 persons 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 person 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, 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.