Az. Gov. Ducey Declares Gun Shops ‘Essential,’ Protecting Them from Frivolous Lawsuits

Gov. Ducey signs law declaring gun shops essential, protecting them from lawsuits

Arizona Gov. Doug Ducey on May 8 signs law declaring gun shops ‘essential,’ protecting them against frivolous lawsuits

Az. Gov. Doug Ducey signed legislation May 8 to protect the Second Amendment rights of Arizonans by safeguarding against frivolous lawsuits that have no connection to unlawful use of firearms. The new state law mirrors federal law that was passed on a bipartisan basis.

Ducey, in his 2020 declaration of the pandemic emergency, had already specifically declared that places where guns and ammo are sold are essential and exempt from any closure requirements due to COVID-19.

“With efforts currently underway in Washington to erode Second Amendment rights, Arizona is taking action to protect those rights,” Gov. Ducey said. “In Arizona, 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 Rep. Quang Nguyen and Sen. Wendy Rogers for leading on this important legislation.”

Senate Bill 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.

Additionally, it 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 Second Amendment state,” Judi White of Tucson, a champion of gun rights who has long been active in the NRA, told Prescottenews. “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, Governor Ducey, for signing legislation that protects citizens’ Constitutional rights.”

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) which provides federal protection for law-abiding firearms and ammunition industry members against frivolous lawsuits. PLCAA has been challenged in recent years, including in April 2021 when President Joe Biden stated removing PLCAA as a top priority of his administration. Senate Bill 1382 codifies the federal provisions under state law.

Additional Information at BearingArms.com

Posted May 10, 2021

Arizona Senate Threatens Subpoenas: Az. GOP Chairman Kelli Ward Offers Update on Maricopa County Election Audit

Arizona GOP Chairwoman Kelli Ward provides an update on the Maricopa County audit, including the legal battles, in the video below.  Chairwoman Ward outlines how the county board of supervisors has been discovered to have withheld material evidence from the audit despite a court order demanding compliance.

Officials in Maricopa County are refusing to comply with subpoenas from the state Senate that require them to turn over routers or router images to auditors reviewing the November 2020 election. There are certain to be more legal battles ahead as the auditors demand access to all the equipment, including the passwords the county is withholding. Stay tuned.

Posted May 10, 2021

Arizona Bans Post-Election Signature ‘Fix’ for Unsigned Mail-in Ballots

Arizona Gov. Doug Ducey signed a law that bans voters from adding signatures on unsigned mail-in ballots after Election Day.

The measure, Arizona Senate Bill 1003 (S.B. 1003), was approved earlier in the state legislature in party-line votes with Republicans in favor and Democrats opposed.

mail truck delivers ballots for dems

The new law codifies a ruling by the U.S. Court of Appeals for the 9th Circuit on Oct. 6, 2020, within one month of the 2020 election. It also ended disputes over unsigned mail-in ballots between the state Republicans and Democrats.

Current Arizona law allows election officials to contact voters to fix the signatures on the ballots if the signatures don’t match other signatures from records in the Department of Motor Vehicle, voter registration forms, or previous early ballots. The voters can fix the signatures, if they failed to pass the verification process, within up to five business days after Election Day.

While the new law didn’t change anything about the grace period for the signed ballots, it ended state Democrats’ efforts to add a similar grace period to unsigned ballots.

According to The Epoch Times, Hobbs’s move is part of efforts to honor a settlement in 2019 with the Navajo Nation, which would allow tribal voters with mismatched or missing signatures on mail-in ballots to correct their ballots with five business days after Election Day.

However, the efforts were stopped by appeals court judges who said, in alignment with the state Republicans, that the Democrats went too far by giving absentee voters five days after Election Day to correct missing signatures on mail-in ballots.

“All ballots must have some deadline, and it is reasonable that Arizona has chosen to make that deadline Election Day itself so as to promote its unquestioned interest in administering an orderly election and to facilitate its already burdensome job of collecting, verifying, and counting all of the votes in timely fashion,” the appellate court said.

The new law codified the appeal court’s ruling by adding an amendment to the current Arizona election law. The amendment requires all mail-in ballots to be delivered to the county recorder, other officers in charge of the election, or polling sites no later than 7 p.m. on Election Day.

“The ballot will not be counted without the voter’s signature on the envelope,” reads the amendment.

Another amendment in the new law required election officers to contact the voter if the signature is missing on the ballot. The deadline for adding a signature to a ballot should be no later than 7 p.m. on Election Day.

Navajo Nation President Jonathan Nez and Vice President Myron Lizer had urged Ducey to veto the measure, saying it would undermine the 2019 settlement.