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REFERENCE TITLE: civil liability; gun-free zones |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2257 |
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Introduced by Representative Thorpe
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AN ACT
amending title 12, chapter 7, Arizona Revised Statutes, by adding article 14; relating to civil liability.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 7, Arizona Revised Statutes, is amended by adding article 14, to read:
ARTICLE 14. CIVIL LIABILITY FOR FIREARM PROHIBITIONS
12-1021. Gun-free zones; civil liability; mandatory protection from injuries; treble damages; definitions
A. Notwithstanding any other law, a person, ORGANIZATION OR ENTITY or an agency, commission, board or political subdivision of this state 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.
b. If a person, organization or entity or an agency, commission, board or political subdivision of this state is liable for establishing a gun‑free zone, tHE COURT MAY AWARD TREBLE DAMAGES to the person who was harmed IF EITHER OF THE FOLLOWING OCCURs:
1. tHE CRIMINAL CONDUCT IS FOUND TO BE A TERRORIST ATTACK PURSUANT TO FEDERAL LAW.
2. tHE PERSON harmed IS:
(a) A PERSON WITH A DISABILITY.
(b) A member of a minority group pursuant to federal law.
(c) Under sixteen years of age or over Sixty-five years of age at the time of the criminal conduct.
C. Notwithstanding any other law, a person, ORGANIZATION or ENTITY or an agency, commission, board or political subdivision of this state that establishes a gun‑free zone that is open to the public and that prevents, by rule, regulation, policy, code or supervisory act, a customer, vendor or employee from exercising the customer's, vendor's or employee's right to self‑protection, which the person would otherwise be legally entitled to but for the rule, regulation, policy, code or supervisory act, shall provide to the customer, vendor or employee the level of protection from injury that the customer, vendor or employee would have but for the rule, regulation, policy, code or supervisory act. A person, ORGANIZATION or ENTITY or an agency, commission, board or political subdivision of this state that violates this subsection is strictly liable for any damages.
D. For the purposes of this section:
1. "Criminal conduct" includes offenses prescribed in title 13, chapters 11, 12, 13, 14, 15, 17, 19, 25, 29 and 36.
2. "Gun-free zone" means any 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 policy, rule, regulation, ordinance, utterance or posted sign.