§ 40:1799 — Preemption of state law; liability of manufacturer, trade association, or dealer of

§1799. Preemption of state law; liability of manufacturer, trade association, or dealer of
firearms and ammunition
A. The governing authority of any political subdivision or local or other
governmental authority of the state is precluded and preempted from bringing suit to recover
against any firearms or ammunition manufacturer, distributor, trade association, or dealer for
damages for injury, death, or loss or to seek other injunctive relief resulting from or relating
to the design, manufacture, marketing, or sale of firearms or ammunition. The authority to
bring such actions as may be authorized by law shall be reserved exclusively to the state.
B. This Section shall not prohibit the governing authority of a political subdivision
or local or other governing authority of the state from bringing an action against a firearms
or ammunition manufacturer, distributor, trade association, or dealer for breach of contract
as to firearms or ammunition purchased by the political subdivision or local authority of the
state.
C. If a governing authority violates the provision of this Section, the defendant may
be entitled to court costs and attorney fees.
D. The court shall award reasonable attorney fees, court costs, compensation for loss
of income, and all expenses to the defendant in any civil action if the court finds that the
action was improperly brought under this Section.

Legislative History

Acts 1999, No. 291, §1, eff. June 11, 1999; Acts 2025, No. 175, §2.