Injury Law 9 (Title 12)
A.R.S. 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.
Comment: This statute concerns liability of gun manufacturers.
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A.R.S. 12-716
Injury during criminal acts; civil actions; presumptions; definition
A. If the court finds by a preponderance of the evidence that a plaintiff is harmed while the plaintiff is attempting to commit, committing or fleeing after having committed or attempted to commit a felony criminal act, the following presumptions apply to any civil liability action or claim:
1. A victim or peace officer is presumed to be acting reasonably if the victim or peace officer threatens to use or uses physical force or deadly physical force to either:
(a) Protect himself against another person's use or attempted use of physical force or deadly physical force.
(b) Effect an arrest or prevent or assist in preventing a plaintiff's escape.
2. This state or a political subdivision of this state is presumed to have reasonably hired and trained its peace officers to use physical force or deadly physical force if a peace officer threatens to use or uses physical force or deadly physical force to either:
(a) Protect himself against another person's use or attempted use of physical force or deadly physical force.
(b) Effect an arrest or prevent or assist in preventing a plaintiff's escape.
3. The police tool product that caused the physical harm is presumed not to be defective and the manufacturer of police tools is presumed not to be negligent if, before the sale by the manufacturer, the product either:
(a) Conforms with the generally recognized state of the art applicable to the safety of the product at the time the product was designed, manufactured, packaged and labeled.
(b) Complies with any applicable code, standard, regulation or specification that is established, adopted, promulgated or approved by the United States or this state or any agency of the United States or this state.
B. For the purposes of this section, "police tool product" means any weapon, safety equipment or product that is used by law enforcement.
Comment: This Arizona law is meant to protect police officers and government from criminal suspects who are injured during pursuit, jailing, etc. The acts of government or the individual official must be reasonable.
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A.R.S. 12-820
Definitions
In this article, unless the context otherwise requires:
1. "Employee" includes an officer, director, employee or servant, whether or not compensated or part time, who is authorized to perform any act or service, except that employee does not include an independent contractor. Employee includes noncompensated members of advisory boards appointed as provided by law.
2. "Injury" means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that would be actionable if inflicted by a private person.
3. "Maintenance" means the establishment or continuation in existence of facilities, highways, roads, streets, bridges or rights-of-way by a public entity and does not mean or refer to ordinary repair or upkeep.
4. "Prisoner" means a person incarcerated while awaiting sentence or while serving a sentence imposed by a court of law.
5. "Public employee" means an employee of a public entity.
6. "Public entity" includes this state and any political subdivision of this state.
7. "State" means this state and any state agency, board, commission or department.
Comment: This Arizona statute defines terms in the upcoming statutes that define liability for government entities and employees.
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A.R.S. 12-820.01
Absolute immunity
A. A public entity shall not be liable for acts and omissions of its employees constituting either of the following:
1. The exercise of a judicial or legislative function.
2. The exercise of an administrative function involving the determination of fundamental governmental policy.
B. The determination of a fundamental governmental policy involves the exercise of discretion and shall include, but is not limited to:
1. A determination of whether to seek or whether to provide the resources necessary for any of the following:
(a) The purchase of equipment.
(b) The construction or maintenance of facilities.
(c) The hiring of personnel.
(d) The provision of governmental services.
2. A determination of whether and how to spend existing resources, including those allocated for equipment, facilities and personnel.
3. The licensing and regulation of any profession or occupation.
4. The establishment, implementation and enforcement of minimum safety standards for light rail transit systems.
Comment: Arizona government (state, county, etc.) is immune from liability when it's employees doing specific actions described above. These acts prevent anything like a negligence lawsuit.
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