REPRESENTATIVES Callender, Willamowski, Brinkman, Seaver, Lendrum, Roman, Young, Collier, Williams, Reidelbach, Gilb, Evans, Calvert, Seitz, Schmidt, Carmichael, Schaffer, Latta, Fessler, Husted, Grendell, Faber, Buehrer, Core, Boccieri, Clancy, Womer Benjamin, Aslanides, Distel, Setzer, Carano, Webster

To enact section 2305.401 of the Revised Code to

1

provide a qualified immunity from civil liability

2

and injunctive relief to members of the firearms

3

industry that will be both prospective and

4

retroactive in its application.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 2305.401 of the Revised Code be	6
enacted to read as follows:	7

Sec. 2305.401.  (A) As used in this section:

8

(1) "Ammunition" means any projectile capable of being	9
expelled or propelled from a firearm by the action of an explosive	10
or combustible propellant.	11

(2) "Firearm" has the same meaning as in section 2923.11 of	12
the Revised Code.	13

(3) Except as provided in division (C)(2) of this section,	14
"harm" means injury, death, or loss to person or property.	15

(4) "Member of the firearms industry" means trade	16
associations of manufacturers, dealers, importers, or other	17
persons interested in, and manufacturers, dealers, and importers	18
of, firearms, firearms components, or firearms ammunition.	19

(5) "Person" has the same meaning as in section 1.59 of the	20
Revised Code and additionally includes all governmental entities.	21

(6) "Tort action" means a civil action for damages for	22
injury, death, or loss to person or property other than a civil	23
action for damages for a breach of contract or another agreement	24
between persons.	25

(B)(1) Except as provided in divisions (B)(2) and (3) of	26
this section and subject to division (C) of this section, a member	27
of the firearms industry is not liable in damages in, and is not	28
subject to a grant of injunctive relief in, a tort or other civil	29
action for harm allegedly sustained by any person as a result of	30
the operation or discharge of a firearm. Except as provided in	31
divisions (B)(2) and (3) of this section and subject to division	32
(C) of this section, a person who allegedly sustains harm as a	33
result of the operation or discharge of a firearm or that person's	34
personal representative does not have a claim for relief against,	35
and may not recover damages or injunctive relief in a tort or	36
other civil action against, a member of the firearms industry	37
based upon that harm.	38

(2) A member of the firearms industry forfeits the immunity	39
from civil liability and injunctive relief conferred by division	40
(B)(1) of this section if the member of the firearms industry	41
operates or discharges the firearm that results in the harm that	42
is the basis of the claim for relief in the tort or other civil	43
action in a manner that constitutes negligence, willful or wanton	44
misconduct, or intentionally tortious conduct or that constitutes	45
a criminal violation of law.	46

(3) A member of the firearms industry forfeits the immunity	47
from civil liability and injunctive relief conferred by division	48
(B)(1) of this section if the member of the firearms industry	49
sells, lends, gives, or furnishes to any person, in violation of	50
section 2923.20 or 2923.21 or another section of the Revised Code	51
or in violation of federal law, the firearm that results in the	52
harm that is the basis of the claim for relief in the tort or	53
other civil action.	54

(C)(1) This section does not create a new cause of action or	55
substantive legal right against a member of the firearms industry.	56

(2) This section does not limit the availability against a	57
member of the firearms industry of a civil action that seeks	58
damages for harm and that is based on a product liability claim	59
authorized by Chapter 2307. of the Revised Code. As used in this	60
division, "harm" and "product liability claim" have the same	61
meanings as in section 2307.71 of the Revised Code.	62

(3) This section does not limit the availability against a	63
member of the firearms industry of a civil action for a breach of	64
an express provision of a contract or of another agreement between	65
persons, or a civil action for a breach of an express warranty,	66
pertaining to firearms, firearms components, or firearms	67
ammunition.	68

(D) This section applies to tort or other civil actions	69
commenced on or after the effective date of this section, or	70
commenced prior to and pending on the effective date of this	71
section, for damages or injunctive relief based upon harm	72
allegedly sustained by any person as a result of the operation or	73
discharge of a firearm prior to, on, or after the effective date	74
of this section.	75

Section 2.  It is the intent of the General Assembly in	76
enacting division (D) of section 2305.401 of the Revised Code in	77
this act to provide for both the prospective and retroactive	78
application of the qualified immunity from civil liability and	79
injunctive relief provisions of section 2305.401 of the Revised	80
Code, as enacted by this act. If, however, the Ohio Supreme Court	81
determines, in any litigation that may be commenced to contest the	82
constitutionality of the qualified immunity from civil liability	83
and injunctive relief provisions of section 2305.401 of the	84
Revised Code, that the retroactive application of those provisions	85
would be violative of either the United States Constitution or the	86
Ohio Constitution, it is the intent of the General Assembly that	87
the severability provision of section 1.50 of the Revised Code be	88
applied, that the qualified immunity from civil liability and	89
injunctive relief provisions of divisions (A), (B), and (C) of	90
section 2305.401 of the Revised Code be severed from the	91
unconstitutional provisions of division (D) of that section, and	92
that the qualified immunity from civil liability and injunctive	93
relief provisions of divisions (A), (B), and (C) of section	94
2305.401 of the Revised Code be given prospective application	95
consistent with section 1.48 of the Revised Code.	96