Should more Arizona businesses allow guns? Bill gives incentive

The stick didn't work. Now, we'll see how the carrot fares.

Efforts to force local governments to allow guns in public buildings failed again at the Arizona Legislature this session, but gun-rights advocates are trying a new idea to expand the places where gun owners can carry their weapons. This one would offer business owners a little financial incentive to take down those "gun-free zone" signs at stores, restaurants and bars.

Senate Bill 1159, introduced by Sen. Sonny Borrelli, R-Lake Havasu City, would essentially make it more difficult to sue businesses that allow guns if something tragic happens. Specifically, it exempts businesses that allow guns from most civil lawsuits in instances where someone fires a gun in the business. It would still allow lawsuits if the business is somehow grossly negligent or involved in the incident.

Attorney Russ Richelsoph said state statute doesn't define gross negligence, but it typically requires some kind of knowledge or voluntary action. He said the bill would relieve business owners from some legal liability if they choose to allow guns.

For example, he said, a bar owner who banned guns could be sued under current law if he served alcohol to someone carrying a concealed weapon who later shot up the bar and injured or killed someone. Under this bill, that would remain true. But a bar owner who allowed guns and served alcohol to the same person couldn't be sued unless he or she served alcohol knowing that individual was carrying a gun.

Richelsoph said such cases of lawsuits against businesses following gun crime are not common.

"I don't know that this is a huge problem," he said. "I expect the real purpose of this statute is ... to create a legal environment where businesses are more comfortable allowing firearms. It's an appeal to the Second Amendment crowd."

The proposal doesn't appear to be something local businesses asked for. No business owner testified or signed in support of the bill during legislative hearings. Steve Chucri, president and CEO of the Arizona Restaurant Association, said the bill wasn't on the organization's radar.

It's being pushed by the local pro-gun rights advocacy group the Citizens Defense League.

The bill has passed the Senate and awaits a final vote in the House. If passed, it will go to Gov. Doug Ducey for consideration.