ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 


HB 2827: businesses; firearms; unlawful acts

Sponsor:  Representative Carroll, LD 22

Committee on Judiciary

Overview

Creates a civil action for firearm entities which are discriminated against by the government or a financial institution.

History

It is unlawful for the state or any subdivision of the state to place any additional fee, tax, or other encumbrance on a private party firearm transfer when the parties are not prohibited possessors (A.R.S. § 44-7852).

It is also unlawful, with certain exceptions, for any subdivision of the state to enact an ordinance or rule related to the transportation, possession, sale, or use of a firearm. If a court finds a subdivision in violation of this provision, it may issue a permanent injunction and be assessed a civil penalty of up to $50,000. A person adversely affected by a political subdivision that violated this section may be awarded reasonable attorney fees and damages up to $100,000 (A.R.S. § 13-3108).

Provisions

1.   Prohibits the government or a financial institution from discriminating against a firearm, firearm accessory, or ammunition manufacturer, retailer, supplier or distributor, shooting range or trade association comprised of firearm manufacturers or sellers. (Sec. 3)

2.   Creates the right to a civil action for violation of this bill, provided the civil action begins within two years of the discovery of the violation. (Sec. 3)

3.   Authorizes the court to award a party injured by the government or a financial institution attorney fees and any of the following:

a)   actual and compensatory damages;

b)   treble damages;

c)   punitive or exemplary damages;

d)   injunctive relief; or

e)   any other appropriate civil relief. (Sec. 3)

4.   Allows the Attorney General to file a civil action for a violation of this bill and specifies remedies that may be sought by the Attorney General. (Sec. 3)

5.   Defines ammunition, discriminate, financial institution, firearm, firearm accessory, firearm entity and trade association. (Sec. 3)

6.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteMakes conforming changes. (Sec. 1, 2)

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10.                    HB 2827

11.  Initials LC/AF        Page 0 Judiciary

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