Strike everything after the enacting
clause and insert:
"Section 1. Title
12, chapter 6, Arizona Revised Statutes, is amended by adding article 18, to
read:
ARTICLE
18. FIREARMS STORAGE LIABILITY
START_STATUTE12‑781. Transportation or storage of firearms; motor vehicles;
applicability
A. A
property owner, tenant, public or private employer or business entity shall not
establish, maintain or enforce a policy or rule that prohibits or unduly
burdens or has the effect of prohibiting or unduly burdening a person from
lawfully transporting or lawfully storing any firearm that is both:
1. In the
person's locked and privately owned motor vehicle or in a locked compartment on
the person's privately owned motorcycle.
2. Not
visible from the outside of the motor vehicle or motorcycle.
B. Any policy
or rule that is established or maintained or the attempted enforcement of any
policy or rule that is in violation of subsection A is contrary to public
policy, is null and void and does not have legal force or effect.
c. This
section does not apply if:
1. The
possession of the firearm is prohibited by federal or state law.
2. The motor
vehicle is owned or leased by a public or private employer or business entity
and is used by an employee in the course of the employment, unless the employee
is required to store or transport a firearm in the official discharge of the
employee's duties or if the public or private employer or business entity
consents to the transportation or storage of the firearm.
3. The
property owner, tenant, public or private employer or business entity provides
a secured and gated or fenced parking lot, parking garage or other area
designated for parking motor vehicles, searches all vehicles and occupants of
the vehicle on each entry to the parking area and provides temporary and secure
firearm storage. The storage shall be readily accessible on entry
into the premises and allow for the immediate retrieval of the firearm on exit
from the premises.
4. The
property owner's, tenant's, public or private employer's or business entity's Compliance
with this section necessitates the violation of another applicable federal or
state law or regulation.
5. The
property owner, tenant, public or private employer or business entity is a
nuclear generating station that provides a secured and gated or fenced parking
lot, parking garage or other area designated for parking motor vehicles and
provides temporary and secure firearm storage. The storage shall be
readily accessible on entry into the premises and allow for the immediate
retrieval of the firearm on exit from the premises.
6. The
parking lot, parking garage or other area designated for parking motor vehicles
is on an owner occupied single family detached residence or a tenant occupied
single family detached residence.
7. The
property owner, tenant, public or private employer or business entity is a
current United States department of defense contractor and the property is
located in whole or in part on a United States military base or a United States
military installation. If any part of the property is not located on the
United States military base or United States military installation, the
property shall be contiguous with the base or installation.
Sec. 2. Legislative findings
A. The Legislature finds that:
1. Article II, section 26, Constitution of Arizona,
as well as the Second Amendment to the United States Constitution, protects an
individual's right to bear arms in self-defense, that this right is fundamental
and is derived from the inherent and fundamental principle of self-preservation
and that individuals have a need to protect themselves in both their homes and
in their movement throughout this state.
2. The enjoyment of this right would be impaired if
individuals are deprived of the means of self-defense in their personal motor
vehicles.
3. Individuals are deprived of the means of
self-defense in their personal motor vehicles when property owners, tenants,
employers or business entities forbid their invitees, customers, employees and
others who are lawfully permitted on their property to possess and store
firearms in a locked and privately owned motor vehicle.
4. An individual's locked and privately owned motor
vehicle is not a public space and an individual has a right to furnish their
motor vehicle with items that the individual may legally possess and that
enhance the individual's comfort, security, ease of movement and enjoyment of
liberty.
5. Property owners, tenants, employers or business
entities that allow privately owned motor vehicles on their property are not
unduly burdened by the presence of legally possessed items that the owner of
the motor vehicle has secured within the motor vehicle.
6. This act is for the benefit and protection of
those individuals who choose to exercise and enforce their fundamental right to
bear arms in self‑defense in their movements throughout this state,
including in their personal motor vehicles."
Amend title to conform
