Posted on January 3, 2012
(This section was last updated June 28, 2010.)
Arizona prohibits political subdivisions of the State from bringing civil actions for damages against manufacturers or sellers of non-defective firearms or component parts of firearms or ammunition when the civil action results from the criminal or unlawful misuse of a such products by a third party. This rule does not prevent actions against persons convicted of knowingly transferring a firearm illegally by a party directly harmed by this conduct.1
Arizona provides an affirmative defense to any civil liability or claim for equitable relief arising from noise or noise pollution from an outdoor shooting range that is in compliance with Arizona law.2
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center’s Legal Action Project and the Coalition to Stop Gun Violence’s Gun Industry Immunity page.
See our Immunity Statutes Policy Summary for further information.
- Ariz. Rev. Stat. § 12-714(A) states that “[a] political subdivision of this state shall not commence a qualified civil liability action in any Arizona court.” “Qualified civil liability action” is defined as “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.” Ariz. Rev. Stat. § 12-714(C)(2). This does not include an action brought against a transferor convicted under 18 U.S.C. § 924(h) or Ariz. Rev. Stat. § 13-3102(A)(14) by a party directly harmed by the conduct of which the transferee is convicted. Ariz. Rev. Stat. § 12-714(C)(2). Under Ariz. Rev. Stat. § 12-714(C)(3), “qualified product” means a non-defective firearm as defined in 18 U.S.C. § 921(a)(3) or non-defective ammunition as defined in 18 U.S.C. § 921(a)(17), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. “Seller” includes a person who, in the course of a business conducted for that purpose, is involved in placing a qualified product in the stream of commerce. Ariz. Rev. Stat. § 12-714(C)(4). “Seller” also includes a person who repairs or maintains any aspect of a qualified product. Id. [↩]
- Ariz. Rev. Stat. § 17-605(A). [↩]