12-714

12-714. Actions against firearm manufacturers;
prohibition; findings; 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 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.