5-247. LIMITATION ON SUITS AGAINST A FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION OR SELLER — LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES. (1) In this section, "governmental unit" means:
(a) A political subdivision of the state, including a municipality or county; and
(b) Any other agency of government whose authority is derived from the laws or constitution of this state.
(2) Except as provided by subsection (3) of this section, a governmental unit may not bring suit against a firearms or ammunition manufacturer, trade association or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing or sale of firearms or ammunition to the public.
(3) A governmental unit on behalf of the state or any other governmental unit may bring a suit described by subsection (2) of this section if the suit is approved in advance by the legislature by adoption of a concurrent resolution or by enactment of a statute. This subsection does not create a cause of action.
(4) Nothing in this section shall prohibit a governmental unit from bringing an action against a firearms manufacturer, trade association or seller for recovery of damages for:
(a) Breach of contract or warranty as to firearms or ammunition purchased by a governmental unit;
(b) Damage or harm to property owned or leased by the governmental unit caused by a defective firearm or ammunition; or
(c) Injunctive relief to enforce a valid ordinance, statute or rule.
(5) Nothing in this section shall prohibit the attorney general from bringing a suit described by subsection (2) of this section on behalf of the state or any other governmental unit. This subsection does not create a cause of action.
History:
[5-247, added 2000, ch. 470, sec. 1, p. 1600.]