2nd amendment state rights receive further protection

New state law mirrors federal law passed on a bipartisan basis

PHOENIX, Ariz. (KYMA, KECY) - Governor Doug Ducey signed legislation Friday to protect the Second Amendment rights of Arizonans by safeguarding against frivolous lawsuits that have no connection to unlawful use of firearms.

"With efforts currently underway in Washington to erode Second Amendment rights, Arizona is taking action to protect those rights," shared Gov. Ducey. "...we’re safeguarding manufacturers, sellers and trade associations. Bad actors need to be held accountable, and we will work to make sure they are. But we’re not going to allow lawsuit after lawsuit to slowly tear down the Constitutional rights of law-abiding citizens in our state. Senate Bill 1382 achieves this goal, and I’m grateful to Representative Quang Nguyen and Senator Wendy Rogers for leading on this important legislation."

SB 1382 prohibits the state, and all entities of the state, from suing a member of the firearms industry for lawful design, marketing, distribution and sale of firearms and ammunition to the public. The legislation also prohibits a civil action from being brought against a manufacturer or seller of a firearm or ammunition, or related trade association for damages resulting from the criminal misuse of the firearm or ammunition, with exceptions.

It additionally protects manufacturers or sellers of firearms and ammunition from civil action for damages resulting from the criminal misuse of the firearm or ammunition, except in specified circumstances.  

"Arizona is—and will remain—a strong 2nd Amendment state," said Judi White of Tucson, a champion of gun rights who has long been active in the National Rifle Association. "We can’t let flippant lawsuits hinder operations of firearm or ammunition manufacturers, sellers and trade associations that are following the law. Senate Bill 1382 makes sure of that. Thank you, Gov. Ducey, for signing legislation that protects citizens’ Constitutional rights."

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) providing federal protection for law-abiding firearms and ammunition industry members against frivolous lawsuits. PLCAA has been challenged in recent years, including in April when President Joe Biden stated removing PLCAA as a 'top priority' of his administration. Senate Bill 1382 classifies the federal provisions under state law. 

Senator Wendy Rogers introduced SB 1382.