AZ Legislation

[rod]

The Arizona state legislature is considering legislation that will prevent gun lawsuits based on criminal misuse and will allow for legal carry in parks and other areas. This law is designed to preempt city laws that are more restrictive. Call your rep in the AZ legislature and express your support.

(sorry I don't have the bill number, still looking...)

=rod=

[This message has been edited by rod (edited April 14, 1999).]

 

[Jeff Thomas]

Per my GOA email:

Preemption Battle Still Alive After Freestone Amendment

Gun Owners of America E-Mail/FAX Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org

Arizona-- April 13 1999

ACTION: Please contact state Senators immediately in support of HB 2275.

Dear Arizona gun owner,

Throughout the month of March, GOA alerts subscribers and other Arizona grassroots gun owners worked hard to pass a bill (HB 2615 which would have probibited localities from adopting more gun control. The Arizona preemption law is currently very weak, and HB 2615 was designed to strengthen it.

The bill passed the House and then died in Senate Judiciary. As we reported on March 24th, one of the politicians responsible for killing the bill was Sen. Tom Freestone (R-30), who left the committee room right before the 4-3 vote was taken.

Grassroots outrage apparently made him realize what a mistake that was, because he subsequently brought the preemption language as a Committee of the Whole amendment to HB 2275.

HB 2275 is a "gun lawsuits cut-off" bill. It would prohibit all Arizona political subdivisions (including the state itself) from bringing frivolous lawsuits against firearms manufacturers or sellers.

If HB 2275 with the Freestone amendment becomes law, Arizona gun owners would benefit from two pro-gun changes this year.

Note: We had previously alerted you regarding another lawsuits bill, the House substitute for SB 1150. That bill still deserves support from gun owners, and in some ways may be stronger than the lawsuit language in HB 2275. But both bills would protect manufacturers without taking steps backward, and the preemption amendment to HB
2275 means that it must be the priority.

There is another reason why HB 2275 is a priority: the vote for final Senate passage may be held at any time.

Please use the roster below and call your state Senator no later than Wednesday morning, April 14. Ask him or her to vote in favor of HB 2275.

AZ Senate Roster (by district)

District maps at:
http://www.azleg.state.az.us/maps/state.htm

D Name Phone

01 Bennett 602-542-5584
02 Wettaw 602-542-4486
03 Jackson 602-542-4323
04 Brown 602-542-4129
05 Guenther 602-542-4139
06 Huppenthal 602-542-4178
07 Rios 602-542-5685
08 Arzberger 602-542-4321
09 Bee 602-542-5683
10 Soltero 602-542-5342
11 Richardson 602-542-5262
12 Day 602-542-4326
13 Cunningham 602-542-5911
14 Solomon 602-542-5993
15 Cirillo 602-542-4173
16 Hamilton 602-542-5261
17 Burns 602-542-3160
18 Spitzer 602-542-4480
19 Bundgaard 602-542-4136
20 Hartley 602-542-4485
21 Bowers 602-542-5288
22 Lopez 602-542-4171
23 Aguirre 602-542-7830
24 Grace 602-542-5284
25 Cummiskey 602-542-4916
26 Smith 602-542-5955
27 Mitchell 602-542-4124
28 Gnant 602-542-4138
29 Petersen 602-542-4481
30 Freestone 602-542-5325

[This message has been edited by Jeff Thomas (edited April 15, 1999).]

 

[Jeff Thomas]

rod et al, GOOD NEWS! It passed the AZ Senate. Now it is back to the house. I hope Rich won't mind, but I'll post the Bill's text first, and then the GOA email. Vote was 20 aye, 8 nay, and 2 not voting. My Senator finally came through for me.

HB2275 - 441R - S Ver
Reference Title: PSPRS; 75% at 25 years
AN ACT AMENDING TITLE 12, CHAPTER 6, ARTICLE 12, ARIZONA REVISED STATUTES, BY ADDING SECTION 12-714; AMENDING SECTION 13-3108, ARIZONA REVISED STATUTES; RELATING TO ACTIONS AGAINST FIREARM MANUFACTURERS.

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

Section 1. Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-714, to read:

12-714 . Actions against firearm manufacturers; prohibition; finding; 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, 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 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, BY A PARTY DIRECTLY HARMED BY THE CONDUCT OF WHICH THE TRANSFEREE IS CONVICTED.

3. "QUALIFIED PRODUCT" MEANS A FIREARM AS DEFINED IN 18 UNITED STATES CODE SECTION 921(A)(3) OR 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.

Sec. 2. Section 13-3108, Arizona Revised Statutes, is amended to read:

13-3108 . Firearms regulated by state; state preemption

A. A political subdivision of this state SHALL NOT ENACT ANY ORDINANCE relating to the transportation, possession, carrying, sale and use of firearms OR AMMUNITION in this state.

B. A political subdivision of this state shall not require the licensing or registration of firearms or prohibit the ownership, purchase, sale or transfer of firearms.

Sec. 3. Intent

The legislature intends to clarify existing law relating to the state's preemption of firearms regulations in this state. This act applies to any action or appeal that is pending on the effective date of this act.

[This message has been edited by Jeff Thomas (edited April 15, 1999).]

 

[Jeff Thomas]

The GOA email:

Gun Owners Win In The Senate 20-8-2: Pressure Full House

Gun Owners of America E-Mail/FAX Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org

Arizona-- April 15 1999

Superb work!

Yesterday, April 14, the Arizona Senate passed a substitute for HB
2275. This substitute, as amended by Sen. Tom Freestone (R-30),
sends two very important pro-gun provisions to the House for final
passage. The vast majority of you know exactly what those two
provisions are, because you have been involved with this battle for
many weeks:

1. State preemption. Freestone's amendment restored the language of
HB 2615 which would prohibit cities and counties from enacting gun
control more stringent than that passed by the legislature. This has
been AZ gun owners' major battle this year, and the fact that
Freestone originally helped kill 2615 by walking out on a committee
vote demonstrates the power of grassroots politics. The pressure you
generated must have been intense.

2. Gun lawsuits cut-off. Arizona is joining numerous States in
attempting to stop money-hungry trial lawyers and city officials
from bringing frivolous lawsuits against firearms manufacturers and
sellers.

Conventional wisdom held that the bill would never pass. After all,
preemption had already died, and the Senate is far more anti-gun
than the House. But your pressure prevailed, and the final vote was
more in favor of gun rights than anyone expected.

ACTION: Contact Arizona State Representatives and insist that the
Senate amendments to HB 2275 be adopted EXACTLY AS TRANSMITTED TO
THE HOUSE. Changes in the language would open the door the
anti-gunners need. You managed the hard part-- getting this through
the Senate-- and the last thing you need is for the bill to be
watered down in conference committee.

Please contact Representatives as soon as possible and insist that
HB 2275 IN ITS CURRENT FORM becomes law. With polite but firm words,
make it clear that you expect state preemption and lawsuit
protection to land on the Governor's desk, with no additional
chances for anti-gunners to poison the well.

Main House Number:

800-352-8404

Current bill text at:
http://www.azleg.state.az.us/legtext/44leg/1r/bills/hb2275s.htm

District Maps at:
http://www.azleg.state.az.us/maps/state.htm

Dis Name E-mail Phone

01 Binder lbinder@azleg.state.az.us 602-542-5413
01 Blewster bblewste@azleg.state.az.us 602-542-5412
02 Hart jhart@azleg.state.az.us 602-542-4079
02 Verkamp jverkamp@azleg.state.az.us 602-542-3300
03 Gordon tgordon@azleg.state.az.us 602-542-5835
03 Laughter laughter@azleg.state.az.us 602-542-5862
04 Brimhall dbrimhal@azleg.state.az.us 602-542-5861
04 Flake jflake@azleg.state.az.us 602-542-5219
05 Carruthers jcarruth@azleg.state.az.us 602-542-5273
05 McLendon rmclendo@azleg.state.az.us 602-542-4430
06 Daniels ldaniels@azleg.state.az.us 602-542-5898
06 Kyle rkyle@azleg.state.az.us 602-542-5549
07 Clark hclark@azleg.state.az.us 602-542-5829
07 Rios rrios@azleg.state.az.us 602-542-5030
08 Griffin ggriffin@azleg.state.az.us 602-542-5761
08 Maiorana mmaioran@azleg.state.az.us 602-542-5058
09 McGibbon bmcgibbo@azleg.state.az.us 602-542-3235
09 Preble lpreble@azleg.state.az.us 602-542-3312
10 Gonzales sgonzale@azleg.state.az.us 602-542-4089
10 Valadez rvaladez@azleg.state.az.us 602-542-3424
11 Cardamone ccardamo@azleg.state.az.us 602-542-3395
11 Norris dnorris@azleg.state.az.us 602-542-4893
12 Huffman shuffman@azleg.state.az.us 602-542-3394
12 Schottel dschotte@azleg.state.az.us 602-542-5839
13 Dunbar kdunbar@azleg.state.az.us 602-542-5828
13 Nichols anichols@azleg.state.az.us 602-542-5108
14 Horton hhorton@azleg.state.az.us 602-542-5495
14 Pickens mpickens@azleg.state.az.us 602-542-3425
15 Gleason lgleason@azleg.state.az.us 602-542-5409
15 Overton joverton@azleg.state.az.us 602-542-5894
16 Gray lgray@azleg.state.az.us 602-542-3376
16 Weiers jweiers@azleg.state.az.us 602-542-4639
17 Burns rburns@azleg.state.az.us 602-542-5872
17 McGrath jmcgrath@azleg.state.az.us 602-542-3255
18 Gerard sgerard@azleg.state.az.us 602-542-5766
18 Wong bwong@azleg.state.az.us 602-542-5836
19 Carpenter tcarpent@azleg.state.az.us 602-542-1859
19 Voss rvoss@azleg.state.az.us 602-542-5168
20 Brotherton bbrother@azleg.state.az.us 602-542-4002
20 Foster kfoster@azleg.state.az.us 602-542-5160
21 Cooley dcooley@azleg.state.az.us 602-542-5874
21 Jarrett mjarrett@azleg.state.az.us 602-542-3163
22 Loredo jloredo@azleg.state.az.us 602-542-5830
22 Miranda rmiranda@azleg.state.az.us 602-542-3392
23 Avelar cavelar@azleg.state.az.us 602-542-3278
23 Landrum llandrum@azleg.state.az.us 602-542-5864
24 Horne thorne@azleg.state.az.us 602-542-5977
24 Leff bleff@azleg.state.az.us 602-542-5863
25 Cheuvront kcheuvro@azleg.state.az.us 602-542-5895
25 Weason cweason@azleg.state.az.us 602-542-3297
26 Hatch-Miller jhatch@azleg.state.az.us 602-542-5051
26 May smay@azleg.state.az.us 602-542-5408
27 Gardner mgardner@azleg.state.az.us 602-542-5896
27 Knaperek knaperek@azleg.state.az.us 602-542-5169
28 Allen callen@azleg.state.az.us 602-542-4225
28 Marsh wmarsh@azleg.state.az.us 602-542-5503
29 Anderson manderso@azleg.state.az.us 602-542-4371
29 Gardner wgarnder@azleg.state.az.us 602-542-5760
30 Groscost jgroscos@azleg.state.az.us 602-542-5735
30 Johnson kjohnson@azleg.state.az.us 602-542-4467