House Bill hb0449

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    Florida House of Representatives - 2001                 HB 449

        By Representatives Bense and Paul






  1                      A bill to be entitled

  2         An act relating to civil actions; creating s.

  3         790.331, F.S.; providing legislative findings

  4         with respect to the lawful manufacture,

  5         distribution, and sale of firearms and

  6         ammunition; prohibiting civil actions on behalf

  7         of the state or other political subdivision

  8         against manufacturers, distributors, and

  9         dealers of firearms or ammunition and firearms

10         trade associations; specifying that the act

11         does not preclude an action by a person for

12         breach of a contract or warranty or for

13         injuries resulting from a defect in the

14         manufacture of firearms or ammunition;

15         providing for actions by the state or other

16         political subdivision for breach of contract or

17         warranty; providing for actions for injuries

18         resulting from defects in design or

19         manufacture; providing that the potential of

20         firearms or ammunition to cause serious injury,

21         damage, or death does not constitute a

22         defective condition; providing for the award of

23         expenses in certain civil actions; providing an

24         exception; providing for application of the

25         act; providing an effective date.

26

27  Be It Enacted by the Legislature of the State of Florida:

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29         Section 1.  Section 790.331, Florida Statutes, is

30  created to read:

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    Florida House of Representatives - 2001                 HB 449

    725-124-01






  1         790.331  Prohibition of civil actions against firearms

  2  or ammunition manufacturers, firearms trade associations,

  3  firearms or ammunition distributors, or firearms or ammunition

  4  dealers.--

  5         (1)  The Legislature finds and declares that the

  6  manufacture, distribution, or sale of firearms and ammunition

  7  by manufacturers, distributors, or dealers duly licensed by

  8  the appropriate federal and state authorities is a lawful

  9  activity and is not unreasonably dangerous, and further finds

10  that the unlawful use of firearms and ammunition, rather than

11  their lawful manufacture, distribution, or sale, is the

12  proximate cause of injuries arising from their unlawful use.

13         (2)  Except as permitted by this section, a legal

14  action against a firearms or ammunition manufacturer, firearms

15  trade association, firearms or ammunition distributor, or

16  firearms or ammunition dealer on behalf of the state or its

17  agencies and instrumentalities, or on behalf of a county,

18  municipality, special district, or any other political

19  subdivision or agency of the state, for damages, abatement, or

20  injunctive relief resulting from or arising out of the lawful

21  design, marketing, distribution, or sale of firearms or

22  ammunition to the public is prohibited. However, this

23  subsection does not preclude a natural person from bringing an

24  action against a firearms or ammunition manufacturer, firearms

25  trade association, firearms or ammunition distributor, or

26  firearms or ammunition dealer for breach of a written

27  contract, breach of an express warranty, or injuries resulting

28  from a defect in the materials or workmanship in the

29  manufacture of a firearm or ammunition.

30         (3)  A county, municipality, special district, or other

31  political subdivision or agency of the state may not sue for

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    Florida House of Representatives - 2001                 HB 449

    725-124-01






  1  or recover from a firearms or ammunition manufacturer,

  2  firearms trade association, firearms or ammunition

  3  distributor, or firearms or ammunition dealer damages,

  4  abatement, or injunctive relief in any case that arises out of

  5  or results from the lawful design, marketing, distribution, or

  6  sale of firearms or ammunition to the public.

  7         (4)  This section does not prohibit an action against a

  8  firearms or ammunition manufacturer, distributor, or dealer

  9  for:

10         (a)  Breach of contract or warranty in connection with

11  a firearm or ammunition purchased by a county, municipality,

12  special district, or other political subdivision or agency of

13  the state.

14         (b)  Injuries resulting from the malfunction of a

15  firearm or ammunition due to a defect in design or

16  manufacture.

17         (5)(a)  For the purposes of this section, the potential

18  of a firearm or ammunition to cause serious injury, damage, or

19  death as a result of normal function does not constitute a

20  defective condition of the product.

21         (b)  A firearm or ammunition may not be deemed

22  defective on the basis of its potential to cause serious

23  injury, damage, or death when discharged legally or illegally.

24         (6)(a)  If a civil action is brought in violation of

25  this section, the defendant may recover all expenses resulting

26  from such action from the governmental entity bringing such

27  action.

28         (b)  In any civil action where the court finds that the

29  defendant is immune as provided in this section, the court

30  shall award the defendant all attorney's fees, costs and

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    Florida House of Representatives - 2001                 HB 449

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  1  compensation for loss of income, and expenses incurred as a

  2  result of such action.

  3         (7)  This section applies to any action brought on or

  4  after the effective date of this section.

  5         Section 2.  This act shall take effect upon becoming a

  6  law.

  7

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  9                          SENATE SUMMARY

10    Prohibits any action by, or on behalf of, the state or
      other political subdivision for damages, abatement, or
11    injunctive relief resulting from the lawful design,
      marketing, distribution, or sale of firearms or
12    ammunition to the public. Provides certain exceptions.
      Provides that the potential of a firearm or ammunition to
13    cause injury, damage, or death is not a defective
      condition, whether the firearm or ammunition is
14    discharged legally or illegally. Provides for the award
      of expenses and attorney's fees. (See bill for details.)
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