Tucson, Arizona Monday, 20 January 2003
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX - A House Republican leader from Green Valley is sponsoring legislation to broaden the rights of gun owners, curb the rights of cities and allow new lawsuits against governments and businesses.
House Majority Whip Randy Graf wants to let people sue if they are injured in an incident but would have been able to defend themselves if they were allowed to bring their sidearms into a building or park. Damages would be tripled if the victim was younger than 16 or at least 70, or if the injuries were the result of a terrorist act.
Graf said he has an absolute belief in the state constitutional provision that says the rights of an individual "to bear arms in defense of himself or the state shall not be impaired."
His legislation, HB 2320, is part of a package of measures Graf is sponsoring, including:
* HB 2321, reducing the penalty for illegally carrying a concealed weapon to a petty offense with a maximum $50 fine.
* HB 2318, barring cities from imposing restrictions or conditions on gun shows in city-owned buildings.
* HB 2319, permitting people to carry guns into restaurants that have liquor licenses unless the building owners post a sign objecting.
If property owners have rights to keep out guns, then they accept the responsibility of protecting their patrons, Graf said. And if someone is injured, he said, they should be liable.
His legislation would apply not only to private businesses but also to government. Graf acknowledged that would even mean the House of Representatives, which has signs on the doors prohibiting the carrying of weapons in the building, open or concealed.
Graf said he does not believe having more people with more guns in public places will create problems.
"We've been an 'open carry' state for many years," he said, with any adults other than felons permitted to strap on a holster as long as the weapon can be seen. "There has not been a shootout at the O.K. Corral in a long time."
Farrell Quinlan, lobbyist for the Arizona Chamber of Commerce, said he appreciates Graf's concern for the constitutional rights of gun owners.
"But what about a business owner's right of free association?" he asked. Quinlan said stores and companies should be free to preclude customers from carrying guns without worrying that they might be sued.
Michelle Bolton, state director of the National Federation of Independent Business, said Graf's legislation is based on the erroneous assumption that some incidents might have been preventable had other customers been armed. She said the decision of whether to permit guns in a business is best left to the owners.
Mary Okoye, the city of Tucson's lobbyist, said allowing more people to carry guns into parks and city buildings actually could result in even more liability for the city. She said that is because a court could conclude city officials abrogated their obligations to keep certain areas, like City Council chambers and parks, free of guns.
But Douglas City Attorney Anita Sanchez said she's not sure Graf's legislation would make much of a difference.
"We would be sued in any event" if someone were injured on city property, she said, whether that is in the council chambers or in the park. "If you trip on our sidewalk, we would get sued."