§ 16-116-302 — Limitations on actions - Award of fees

(a) A person or other public or private entity may not bring an action in tort, other than a product liability action, against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer for any remedy arising from physical or emotional injury, physical damage, or death caused by the discharge of a firearm, a nonpowder gun, or ammunition unless the action alleges that the physical or emotional injury, physical damage, or death was caused by the intentional or negligent discharge of a firearm, a nonpowder gun, or ammunition by the manufacturer, importer, or dealer. (b) A firearm, a nonpowder gun, or ammunition manufacturer, importer, or dealer shall not be held liable as a third party for the actions of another person involving the use of a firearm, a nonpowder gun, or ammunition in any cause of action. (c) (1) The court, upon the filing of a proper motion, shall dismiss any action brought against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer, which the court determines is prohibited under subsection (a) or subsection (b) of this section. (2) Upon dismissal under this subsection, the court shall award reasonable attorney's fees, in addition to costs, to each named defendant against whom the cause of action is dismissed. (d) (1) Notwithstanding subsection (a) of this section, a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer may be sued in tort for any damages proximately caused by an act of the manufacturer, importer, or dealer in violation of a state law or rule or federal law or regulation. (2) In any action brought under this subsection, the plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant violated the state law or rule or federal law or regulation.

Legislative History

Amended by Act 2019, No. 315,§ 1321, eff. 7/24/2019. Acts 2003, No. 935, § 2.