(a)As used in this section:
(i)"Ammunition" means any projectile expelled by
action of an explosive from a firearm;
(ii)"Firearm" means any weapon that will or is
designed to expel a projectile by the action of an explosive;
(iii)"Firearms accessories" means as defined by W.S.
6-8-403(a)(iv);
(iv)"Manufacturer" means a person who is engaged in
the business of manufacturing a qualified product and who is
licensed to engage in business as a manufacturer under 18 U.S.C.
§§ 921–934 or who is a Wyoming resident who has knowledge of
gunsmithing and has had experience in the field for a period of
not less than two (2) years; (v)"Qualified civil liability action" means a civil
action or administrative proceeding brought against a
manufacturer or seller of a qualified product for any damages
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(a) As used in this section:
(i) "Ammunition" means any projectile expelled by
action of an explosive from a firearm;
(ii) "Firearm" means any weapon that will or is
designed to expel a projectile by the action of an explosive;
(iii) "Firearms accessories" means as defined by W.S.
6-8-403(a)(iv);
(iv) "Manufacturer" means a person who is engaged in
the business of manufacturing a qualified product and who is
licensed to engage in business as a manufacturer under 18 U.S.C.
§§ 921–934 or who is a Wyoming resident who has knowledge of
gunsmithing and has had experience in the field for a period of
not less than two (2) years;
(v) "Qualified civil liability action" means a civil
action or administrative proceeding brought against a
manufacturer or seller of a qualified product for any damages or
other relief resulting from the criminal or unlawful misuse of a
qualified product. "Qualified civil liability action" shall not
include any action specified in subsection (d) of this section;
(vi) "Qualified product" means lawfully manufactured
and sold ammunition, firearms, firearms accessories and antique
firearms as defined by W.S. 6-8-403(a)(viii);
(vii) "Seller" means any person licensed to sell a
qualified product under 18 U.S.C. §§ 921–934;
(viii) "Trade association" means as defined by W.S.
13-10-301(a)(vii);
(ix) "Unlawful misuse" means conduct that violates a
statute, ordinance or regulation applying to the use of a
qualified product.
(b) Except as provided in subsection (d) of this section,
no person who has legally provided a qualified product to any
other person is liable for damages caused by the other person's
actions with or use of the qualified product. This subsection
shall not affect the liability:
(i) Of the other person who received the qualified
product for damages;
(ii) Of the person who provided the qualified product
if done so in violation of state or federal law.
(c) Except as provided in subsection (d) of this section,
manufacturers of qualified products, sellers of qualified
products and trade associations shall be immune from civil
liability in any qualified civil liability action. A qualified
civil liability action brought against any manufacturer of
qualified products, seller of qualified products or trade
association that does not allege any of the actions specified in
subsection (d) of this section shall be dismissed.
(d) The immunity specified in subsections (b) and (c) of
this section shall not apply to any action:
(i) Brought against a person who transfers a
qualified product and who is convicted under 18 U.S.C. § 924(h)
or W.S. 6-8-102 by a party directly harmed by the conduct of
which the transferor was convicted;
(ii) In which a manufacturer or seller of a qualified
product knowingly violated a state or federal statute applicable
to the sale or marketing of the qualified product, and the
violation was a proximate cause of the harm for which relief is
sought. Conduct to which this paragraph applies shall include:
(A) Any incident in which the manufacturer or
seller knowingly made any false entry in, or failed to make the
appropriate entry in, any record required to be kept under
federal or state law with respect to the qualified product,
including any incident where the manufacturer aided, abetted or
conspired with any person in making any false or fictitious oral
or written statement regarding any fact material to the
lawfulness of the sale or other disposition of a qualified
product;
(B) Any case in which the manufacturer or seller
aided, abetted or conspired with any other person to sell or
otherwise dispose of a qualified product knowing, or having
reasonable cause to believe, that the actual buyer of a
qualified product was prohibited from possessing or receiving a
qualified product under state or federal law.
(iii) For breach of contract or warranty in
connection with the purchase of the product;
(iv) For death, physical injuries or property damage
resulting directly from a defect in the design or manufacture of
the qualified product, when used as intended or in a reasonably
foreseeable manner, except that where the discharge of the
product was caused by an act that constitutes a criminal
offense, that act shall be deemed the sole proximate cause of
any resulting death, injury or property damage;
(v) Commenced to enforce the provisions of W.S. 6-8-
102 or 6-8-103 or 18 U.S.C. §§ 921–934;
(vi) That alleges that an injury or death resulted
from an act or omission of the manufacturer, seller or trade
association that constitutes gross negligence, recklessness or
intentional misconduct.