SB 570

This bill provides a limitation on liability for firearm, firearm accessory, and

ammunition manufacturers, distributors, importers, trade associations, sellers, and

dealers. Under the bill, a person may not bring or maintain an action against a

firearm, firearm accessory, or ammunition manufacturer, importer, distributor,

trade association, seller, or dealer for 1) recovery of damages resulting from or

injunctive relief or abatement of a nuisance relating to the lawful design,

manufacture, marketing, or sale of a firearm, firearm accessory, or ammunition or

2) recovery of damages resulting from the criminal or unlawful use of a firearm,

firearm accessory, or ammunition by a third party.

The bill provides that a person is not prohibited from bringing or maintaining

an action against these types of manufacturers, importers, distributors, trade

associations, sellers, or dealers for 1) breach of contract or warranty concerning

firearms, firearms accessories, or ammunition purchased; 2) injunctive relief to

enforce a valid statute, rule, or ordinance, except for actions otherwise barred under

the bill; or 3) death, physical injuries, or property damage resulting directly from a

defect in design or manufacture of the product when it is used as intended or in a

reasonably foreseeable manner. With regard to actions for death, physical injuries,

or property damage resulting directly from a defect in design or manufacture, the bill

includes an exception that where the discharge of the product was caused by a

volitional criminal act, then the criminal act is to be considered the sole proximate

cause of any resulting death, personal injuries, or property damage.

If a court finds that a person has brought an action under a theory prohibited

under the bill, the court must dismiss the claim or action and award the defendant

reasonable attorney fees and costs.