Introduced Version




SENATE BILL No. 45

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 4-1-9 ; IC 36-1-3-8.5.

Synopsis: Legal actions involving firearms. Prohibits the state or a municipal corporation, including a county, municipality, township, school corporation, or any other separate local governmental entity that may sue and be sued, from bringing an action against a firearms or ammunition manufacturer, trade association, or seller 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 or ammunition for a firearm; or (2) recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition for a firearm by a third party.

Effective: July 1, 2000.



Meeks R


    November 18, 1999, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.




Introduced

Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 1999 General Assembly.

SENATE BILL No. 45


    A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration and local government.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 4-1-9 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
    Chapter 9. Legal Actions Involving Firearms and Ammunition Manufacturers, Trade Associations, and Sellers
    Sec. 1. As used in this chapter, "firearm" has the meaning set forth in IC 35-47-1-5.
    Sec. 2. Except as provided in sections 3 and 4 of this chapter, the state may not bring an action against a firearms or ammunition manufacturer, trade association, or seller for:
        (1) recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful:
            (A) design;
            (B) manufacture;
            (C) marketing; or
            (D) sale;
        of a firearm or ammunition for a firearm; or

        (2) recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition for a firearm by a third party.
    Sec. 3. (a) The state may bring an action described in section 2 of this chapter if the action is approved in advance by the general assembly in a concurrent resolution or by enactment of a law.
    (b) This section does not create a cause of action.
    Sec. 4. Nothing in this chapter may be construed to prohibit the state from bringing an action against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages for the following:
        (1) Breach of contract or warranty concerning firearms or ammunition purchased by the state.
        (2) Damage or harm to property owned or leased by the state caused by a defective firearm or ammunition.
        (3) Personal injury or death, if the action arises from the state's claim for subrogation.
        (4) Injunctive relief to enforce a valid statute, rule, or ordinance.
    SECTION 2. IC 36-1-3-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8.5. (a) As used in this section, "firearm" has the meaning set forth in IC 35-47-1-5.
    (b) Except as provided in subsections (c) and (d), a municipal corporation may not bring an action against a firearms or ammunition manufacturer, trade association, or seller for:
        (1) recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful:
            (A) design;
            (B) manufacture;
            (C) marketing; or
            (D) sale;
        of a firearm or ammunition for a firearm; or
        (2) recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition for a firearm by a third party.
    (c) A municipal corporation may bring an action described in subsection (b) if the action is approved in advance by the general assembly in a concurrent resolution or by enactment of a law. This subsection does not create a cause of action.
    (d) Nothing in this section may be construed to prohibit a municipal corporation from bringing an action against a firearms or ammunition manufacturer, trade association, or seller for

recovery of damages for the following:
        (1) Breach of contract or warranty concerning firearms or ammunition purchased by the municipal corporation.
        (2) Damage or harm to property owned or leased by the municipal corporation caused by a defective firearm or ammunition.
        (3) Personal injury or death, if the action arises from the municipal corporation's claim for subrogation.
        (4) Injunctive relief to enforce a valid statute, rule, or ordinance.