SENATOR Jacobson

To enact section 2305.401 of the Revised Code as a

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general law to provide a qualified immunity from

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civil liability and injunctive relief to members of

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the firearms industry.

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

Section 1.  That section 2305.401 of the Revised Code be	5
enacted to read as follows:	6

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

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(1) "Ammunition" means any projectile capable of being	8
expelled or propelled from a firearm by the action of an explosive	9
or combustible propellant.	10

(2) "Firearm" has the same meaning as in section 2923.11 of	11
the Revised Code.	12

(3) Except as provided in division (C)(2) of this section,	13
"harm" means injury, death, or loss to person or property.	14

(4) "Member of the firearms industry" means any	15
manufacturer, dealer, or importer of firearms, firearms	16
components, or firearms ammunition or any trade association the	17
members of which, in whole or in part, are manufacturers, dealers,	18
or importers of firearms, firearms components, or firearms	19
ammunition.	20

(5) "Person" has the same meaning as in section 1.59 of the	21
Revised Code and additionally includes all governmental entities.	22

(6) "Tort action" means a civil action for damages for	23
injury, death, or loss to person or property other than a civil	24
action for damages for a breach of contract or another agreement	25
between persons.	26

(B)(1) Except as provided in divisions (B)(2) and (3) of	27
this section and subject to division (C) of this section, a member	28
of the firearms industry is not liable in damages in, and is not	29
subject to a grant of injunctive relief in, a tort or other civil	30
action for harm allegedly sustained by any person as a result of	31
the operation or discharge of a firearm. Except as provided in	32
divisions (B)(2) and (3) of this section and subject to division	33
(C) of this section, a person who allegedly sustains harm as a	34
result of the operation or discharge of a firearm or that person's	35
personal representative does not have a claim for relief against,	36
and may not recover damages or injunctive relief in a tort or	37
other civil action against, a member of the firearms industry	38
based upon that harm.	39

(2) A member of the firearms industry forfeits the immunity	40
from civil liability and injunctive relief conferred by division	41
(B)(1) of this section if the member of the firearms industry	42
operates or discharges the firearm that results in the harm that	43
is the basis of the claim for relief in the tort or other civil	44
action in a manner that constitutes negligence, willful or wanton	45
misconduct, or intentionally tortious conduct or that constitutes	46
a criminal violation of law.	47

(3) A member of the firearms industry forfeits the immunity	48
from civil liability and injunctive relief conferred by division	49
(B)(1) of this section if the member of the firearms industry	50
sells, lends, gives, or furnishes to any person, in violation of	51
section 2923.20 or 2923.21 or another section of the Revised Code	52
or in violation of federal law, the firearm that results in the	53
harm that is the basis of the claim for relief in the tort or	54
other civil action.	55

(C)(1) This section does not create a new cause of action or	56
substantive legal right against a member of the firearms industry.	57

(2) This section does not limit the availability against a	58
member of the firearms industry of a civil action that seeks	59
damages for harm and that is based on a product liability claim	60
authorized by Chapter 2307. of the Revised Code. As used in this	61
division, "harm" and "product liability claim" have the same	62
meanings as in section 2307.71 of the Revised Code.	63

(3) This section does not limit the availability against a	64
member of the firearms industry of a civil action for a breach of	65
an express provision of a contract or of another agreement between	66
persons, or a civil action for a breach of an express warranty,	67
pertaining to firearms, firearms components, or firearms	68
ammunition.	69