(1) In a product liability action, the actual discharge of a firearm or ammunition shall be the proximate cause of injury, damage, or death resulting from the use of such product and not the inherent capability of the product to cause injury, damage, or death.
The manufacturer's, importer's, or distributor's placement of a firearm or ammunitionin the stream of commerce, even if such placement is found to be foreseeable, shall not be conduct deemed sufficient to constitute the proximate cause of injury, damage, or death resulting from a third party's use of the product.
In a product liability action concerning the accidental discharge of a firearm, themanufacturer's, importer's, or distributor's placement of the product in the stream of commerce shall not be conduct deemed sufficient to constitute proximate cause, even if accidental discharge is found to be foreseeable.
In addition to any limitation of an action set forth in section 13-80-119, in a productliability action brought by the criminal, it shall be an absolute defense that the injury, damage, or death immediately resulted from the use of the firearm or ammunition during the commission of the criminal act which is a felony or a class 1 or class 2 misdemeanor.
Source: L. 86: Entire part added, p. 689, § 1, effective May 12. L. 93: (4) amended, p. 465, § 2, effective July 1.