The Gun-Free-Zone Liability Act of 2008
Establishes liability for harm caused by criminal conduct, when such
conduct is wholly or partially enabled by limiting an individual's right
or ability to self defense.
REFERENCE TITLE: Gun-Free-Zone Liability Act
State of Arizona
(sponsoring house)
Forty-Eighth Legislature
Second Regular Session
2008
__.B. _____ Introduced by ________________________
AN ACT AMENDING TITLE 13, CHAPTER 31, ARIZONA REVISED STATUTES BY ADDING A NEW SECTION.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, Chapter 31, Arizona Revised Statutes, is amended by
adding new section 13-3119:
A.R.S. §13-3119. Gun-Free-Zone Liability.
A. Any person, organization or entity, or any agency of government that creates a gun-free zone shall be liable for damages resulting from criminal conduct that occurs against an individual in such gun-free zone, if a reasonable person would believe that possession of a firearm could have helped the individual defend against such conduct. In the event the conduct is a result of a terrorist attack as federally defined, or adversely affects a disabled person, a person who is a member of a minority as federally defined, a senior citizen or a child under 16 years of age, treble damages shall apply.
B. For the purposes of this section, criminal conduct shall include offenses specified under this title in Chapter 11 (Homicide), Chapter 12 (Assault and Related Offenses), Chapter 13 (Kidnapping), Chapter 14 (Sexual Offenses), Chapter 15 (Criminal Trespass and Burglary), Chapter 17 (Arson), Chapter 19 (Robbery), Chapter 25 (Escape and Related Offenses), Chapter 29 (Offenses Against Public Order) and Chapter 36 (Family Offenses).
C. For the purposes of this section, the term "gun-free zone" shall mean any building, place, area or curtilage that is open to the public, or in or upon any public conveyance, where a person's right or ability to keep arms or to bear arms is infringed, restricted or diminished in any way by statute, policy, rule, regulation, ordinance, utterance or posted signs.
