AZ Gun Laws Grow 6.7% in 1999.
Affects the 19th Edition of
Copyright 2000 Alan Korwin
Citations are to Arizona Revised Statutes unless noted.
12-714 New For 1999 Lawsuit Protection
Year 2000 Summary --
The statutes below contain 2,623 words of law (and replace 1,248 words of existing law), for a net growth in Arizona gun law of 1,375 words, or a 6.7% increase. The new total is 22,241 words, in 130 numbered statutes.
THE GIST: The firearms industry is granted a degree of protection from civil lawsuits filed by political subdivisions within the state of Arizona. In an opening statement of intent, "The legislature finds that: 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." Also, the legislature states that the expanded liabilities sought by the recent spate of anti-rights lawsuits are "an abuse of the legal system" and "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."
A suite of new terms are introduced, including manufacturer, qualified civil liability action, qualified product, seller, and trade association. The definition of a gun as used in this new law is tied to the federal definition in 18 USC §921.
Affects AGOG-19 p.44 and Appendix D.
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 §924(h) or §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 §921(a)(3) or nondefective ammunition as defined in 18 United States Code §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.
THE GIST: Government increases its immunity from liability in several areas, including: 1 - property inspections, by changing "required" to "when" in paragraph (6); 2 - by adding a category for failure to detain criminal juveniles; 3 - extending their immunity if the liability comes >from contractors; and 4 - denying liability immunity for contractors while under contract.
Affects AGOG-19 p.44 and Appendix D.
12-820.02. Qualified immunity
A. Unless a public employee acting within the scope of the public employee's employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for:
1. The failure to make an arrest or the failure to retain an arrested person in custody.
2. An injury caused by an escaping or escaped prisoner or a youth committed to the department of juvenile corrections.
3. An injury resulting from the probation, community supervision or discharge of a prisoner or a youth committed to the department of juvenile corrections, from the terms and conditions of the prisoner's or youth's probation or community supervision or from the revocation of the prisoner's or youth's probation, community supervision or conditional release under the psychiatric security review board.
4. An injury caused by a prisoner to any other prisoner or an injury caused by a youth committed to the department of juvenile corrections to any other committed youth.
5. The issuance of or failure to revoke or suspend any permit, license, certificate, approval, order or similar authorization for which absolute immunity is not provided pursuant to §12-820.01.
6. The failure to discover violations of any provision of law when inspections are done of property other than property owned by the public entity in question.
7. An injury to the driver of a motor vehicle that is attributable to the violation by the driver of §28-693, 28-1381 or 28-1382.
8. The failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal law or any law of this state.
9. Preventing the sale or transfer of a handgun to a person who may lawfully receive or possess a handgun.
10. The failure to detain a juvenile taken into temporary custody or arrested for a criminal offense or delinquent or incorrigible act in the appropriate detention facility, jail or lockup described in §8-305.
B. The qualified immunity provided in this section applies to a public entity or public employee if the injury or damage was caused by a contractor's employee or a contractor of a public entity acting within the scope of the contract. The qualified immunity provided in this section does not apply to the contractor or the contractor's employee.
THE GIST: Makes an assault by a prisoner on an official an aggravated assault. Turns a physical assault into an aggravated assault, at a class 6 felony, if the perpetrator is violating a court order of protection. Provides specified penalties for aggravated assault against a peace officer. Phrases such as "such person" are changed to "the person" all over the place, with no apparent change in meaning. The word "his" is expunged and replaced with "the teacher's or nurse's" in (6) and "the person's" in (10).
Only affects statutes in Appendix D.
13-1204. Aggravated assault; classification
A. A person commits aggravated assault if the person commits assault as defined in §13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault after entering the private home of another with the intent to commit the assault.
4. If the person is eighteen years of age or more and commits the assault upon a child the age of fifteen years or under.
5. If the person commits the assault knowing or having reason to know that the victim is a peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties.
6. If the person commits the assault knowing or having reason to know the victim is a teacher or other person employed by any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, or any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties, or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.
7. If the person meets both of the following conditions:
(a) Is imprisoned or otherwise subject to the custody of any of the following:
(i) The state department of corrections.
(ii) The department of juvenile corrections.
(iii) A law enforcement agency.
(iv) A county or city jail or an adult or juvenile detention facility of a city or county.
(v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.
(b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities prescribed by subdivision (a) of this paragraph.
8. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
9. If the person commits the assault knowing or having reason to know that the victim is a fire fighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties, or a person summoned and directed by such individual while engaged in the execution of any official duties.
10. If the person commits the assault knowing or having reason to know that the victim is a licensed health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. The provisions of this paragraph do not apply if the person who commits the assault is seriously mentally ill, as defined in §36-550 or is afflicted with Alzheimer's disease or related dementia.
11. If the person commits assault by any means of force which causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part.
12. If the person commits assault as prescribed by §13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to §13-3602 or 13-3624.
B. Except pursuant to subsection C of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section is a class 3 felony except if the victim is under fifteen years of age in which case it is a class 2 felony punishable pursuant to §13-604.01. Aggravated assault pursuant to subsection A, paragraph 11 of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 7 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 3, 4, 5, 6, 8, 9, 10 or 12 of this section is a class 6 felony.
C. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 11 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 5 of this section resulting in any physical injury to a peace officer while the officer is engaged in the execution of any official duties is a class 5 felony.
THE GIST: Penalties for sexual assault are increased if so-called "date rape" drugs are used without the victim's knowledge.
Only affects statutes in Appendix D.
13-1406. Sexual assault; classification; increased punishment
A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.
B. Sexual assault is a class 2 felony, and the person convicted shall be
sentenced pursuant to this section and the person is not eligible for
suspension of sentence, probation, pardon or release from confinement on
any basis except as specifically authorized by §31-233, subsection A or
B until the sentence imposed by the court has been served or commuted.
If the victim is under fifteen years of age, sexual assault is
punishable pursuant to §13-604.01. The presumptive term may be
aggravated or mitigated within the range under this section pursuant to
§13-702, subsections B, C and D. If the sexual assault involved the
intentional or knowing administration of flunitrazepam, gamma hydroxy
butyrate or ketamine hydrochloride without the victim's knowledge, the
presumptive, minimum and maximum sentence for the offense shall be
increased by three years. The additional sentence imposed pursuant to
this subsection is in addition to any enhanced sentence that may be
applicable. The term for a first offense is as follows:
THE GIST: DPS is authorized to set up a gun ID system ("forensics firearms identification system") for investigating gangs and unlawful use of firearms.
Only affects statutes in Appendix D.
13-3115. Forensics firearms identification system
The department of public safety is authorized to establish and maintain a forensics firearms identification system designed to provide investigative information on criminal street gangs and the unlawful use of firearms.
THE GIST: The new term "body armor" is introduced and broadly defined to include any clothes or equipment that minimizes the risk of injury >from a deadly weapon. Wearing body armor during the commission of a felony is a class 4 felony.
Affects AGOG-19 p.111 and Appendix D.
13-3116. Misconduct involving body armor; classification; definition
A. A person commits misconduct involving body armor by knowingly wearing or otherwise using body armor during the commission of any felony offense.
B. Misconduct involving body armor is a class 4 felony.
C. For purposes of this section, "body armor" means any clothing or equipment designed in whole or in part to minimize the risk of injury >from a deadly weapon.
THE GIST: A fund is established, to be spent by the Game and Fish Dept., to assist existing government-owned shooting ranges in adapting to changes in the use of adjacent properties. This includes measures to abate sound, realign ranges, acquire land to provide a buffer zone around ranges or acquire state trust lands for locating or relocating government-owned shooting ranges that apply for relocation assistance. The director of the Game and Fish Dept. must adopt rules for providing the money, work with the land commissioner to identify usable state trust land, and may take and use any private grants or contributions that are made.
Affects AGOG-19 p. 94 and Appendix D.
17-273. Shooting range relocation and assistance fund; uses; criteria A. The shooting range relocation and assistance fund is established consisting of monies transferred to the fund pursuant to §42-5029, subsection C, paragraph 4, subdivision (e). The Arizona game and fish department shall administer the fund which is continuously appropriated. Monies in the fund are exempt from the provisions of §35-190 relating to lapsing of appropriations. Interest earned on monies in the fund shall be credited to the fund.
B. The director of the Arizona game and fish department shall spend monies in the fund to assist existing government owned shooting ranges in adapting to changes in the use of adjacent properties including measures to abate sound, realign ranges or acquire land to provide a buffer zone around ranges or acquire state trust lands for the purpose of locating or relocating government owned shooting ranges that apply for relocation assistance. The director shall evaluate requests from shooting ranges for relocation assistance pursuant to this section and consult with interested parties in determining projects to be funded.
C. The director of the Arizona game and fish department shall adopt rules for providing assistance for sound abatement, realignment and buffer zones and for ensuring that the location or relocation of any government owned shooting range meets all of the following criteria:
1. The location or relocation is in the best interest of the users of the shooting range and other parties affected by the use of the range.
2. The new shooting range will be operated in a safe manner that does not pose a risk to the public or the environment.
D. The director of the Arizona game and fish department shall consult with the state land commissioner to identify eligible state trust land suitable for the location or relocation of shooting ranges.
E. The director of the Arizona game and fish department may accept and spend private grants, gifts and contributions to assist in carrying out the provisions of this section.
THE GIST: Grounds for eviction now also includes homicide on premises, nuisance under 12-991, and no longer includes infliction of bodily harm under this statute. In relation to illegal drugs, the word "keeping" is changed to "possessing", and "giving" is changed to "transferring".
Only affects statutes in Appendix D.
33-1368. Noncompliance with rental agreement by tenant; failure to pay rent; utility discontinuation; liability for guests; definition
2. ...If there is a breach that is both material and irreparable and that occurs on the premises, including but not limited to an illegal discharge of a weapon, homicide as defined in §§13-1102 through 13-1105, prostitution as defined in §13-3211, criminal street gang activity as prescribed in §13-105, activity as prohibited in §13-2308, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance as defined in §13-3451, threatening or intimidating as prohibited in §13-1202, assault as prohibited in §13-1203, acts that have been found to constitute a nuisance pursuant to §12-991 or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord's agent or another tenant or involving imminent or actual serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and shall proceed under §33-1377.
AZ Summary for 2000
HB 1307 Shannon's Law (criminally negligent shooting in city limits, self defense during animal attacks, BB guns, new one-mile rule, use of blanks, more).
HB 2095 Preemption (changes to the power that Arizona and its localities exercise over the right to keep and bear arms).
SB 1316 Rewrite of 13-3101, domestic violence prohibited possessors.
HB 2097 Shining a laser on a peace officer prohibited.
The government-issued "Sections Affected List," necessary to identify changes to other statutes appearing in Appendix D, if any, is expected out by early next year.
For Publication, 3,571 Words, 5/8/00
One-time North American Serial Rights
Copyright 2000 Alan Korwin
Not-for-profit circulation is approved.
Alan Korwin is the author of seven best-selling books on gun law,
including "Gun Laws of America -- Every Federal Gun Law on the Books,
with Plain English Summaries," and gun owner guides for AZ, CA, FL, TX,
VA. This paper is part of an ongoing series, click Position Papers on
the home page, or write or call for copies.
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