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H. B. No. 192As Introduced
As Introduced
124th General Assembly | Regular Session | 2001-2002 |
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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
A BILL
To enact section 2305.401 of the Revised Code to
provide a qualified immunity from civil liability
and injunctive relief to
members of the firearms
industry that will be both prospective and
retroactive in its application.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2305.401 of the Revised Code
be
enacted to read as follows:
Sec. 2305.401. (A) As used in this section: (1)
"Ammunition" means any projectile capable of being
expelled
or propelled from a firearm by the action of an explosive
or combustible
propellant. (2)
"Firearm" has the same meaning as in section 2923.11 of
the
Revised Code. (3) Except as provided in division (C)(2) of this section,
"harm"
means injury, death, or loss to person or property. (4)
"Member of the firearms industry" means trade
associations
of manufacturers, dealers, importers, or other
persons interested in, and
manufacturers,
dealers, and importers
of, firearms, firearms components, or
firearms ammunition. (5)
"Person" has the same meaning as in section 1.59 of the
Revised
Code and additionally includes all
governmental entities. (6)
"Tort action" means a civil action for damages for
injury,
death, or loss to person or property other than a civil
action for damages for
a breach of contract or another agreement
between persons. (B)(1) Except as provided in divisions (B)(2) and (3) of
this section and subject
to
division (C) of this section, a member
of the firearms industry is
not liable in damages in, and is not
subject to a grant of injunctive relief
in, a tort or other civil
action for harm allegedly sustained by any
person as a result of
the operation or discharge
of a firearm. Except as provided in
divisions (B)(2) and (3) of this
section and subject to
division
(C) of this section, a person who allegedly sustains harm
as a
result of the operation or discharge of a firearm or that person's
personal representative does not
have a claim for relief against,
and may not recover damages or injunctive
relief in a tort or
other civil action
against, a member of
the firearms industry
based upon that harm. (2) A member of the firearms industry forfeits the immunity
from
civil liability and injunctive relief conferred by division
(B)(1) of
this section if the
member of the firearms industry
operates or discharges the firearm
that results in the harm that
is the basis of the claim for relief
in the tort or other civil
action in a manner that constitutes negligence,
willful or wanton
misconduct, or intentionally tortious conduct or
that constitutes
a criminal violation of law. (3) A member of the firearms industry forfeits the immunity
from civil
liability and injunctive relief conferred by division
(B)(1) of this
section if the member
of the firearms industry
sells, lends, gives, or furnishes to any person, in
violation of
section 2923.20 or 2923.21 or another section of the Revised Code
or in
violation
of federal law, the firearm that results in the
harm that is the basis of the
claim for relief in the tort or
other civil action. (C)(1) This section does not create a new cause of action or
substantive legal right against a member of the firearms industry. (2) This section does not limit the availability against a
member of the
firearms industry of a civil action
that seeks
damages for harm and that is
based on a product liability claim
authorized by Chapter 2307. of
the Revised Code. As used in this
division,
"harm" and
"product liability claim" have the same
meanings as in section 2307.71 of the
Revised Code. (3) This section does not limit the availability against a
member of the
firearms industry of a civil action for a breach of
an express provision of a
contract or of another agreement between
persons, or a civil action for a
breach of an express warranty,
pertaining to firearms,
firearms components, or firearms
ammunition. (D) This section applies to tort or other civil actions
commenced
on or after
the effective date of this section, or
commenced prior to and
pending on the effective date of this
section, for damages or injunctive
relief based upon harm
allegedly
sustained by any person as a result of the operation or
discharge
of a firearm prior to, on, or after the effective date
of this
section.
Section 2. It is the intent of the General Assembly in
enacting
division (D) of section 2305.401 of the Revised Code in
this act
to provide for both the prospective and retroactive
application of
the qualified immunity from civil liability and
injunctive relief provisions
of section 2305.401 of
the Revised
Code, as enacted by this act. If, however, the Ohio
Supreme Court
determines, in any litigation that may be commenced
to contest the
constitutionality of the qualified immunity
from civil liability
and injunctive relief provisions of section 2305.401 of
the
Revised Code, that
the retroactive application of those provisions
would be violative of
either the United States Constitution or the
Ohio Constitution, it
is the intent of the General Assembly that
the severability
provision of section 1.50 of the Revised Code be
applied, that the
qualified immunity from civil liability and
injunctive relief provisions of
divisions (A), (B), and
(C) of
section 2305.401 of the Revised Code be severed from the
unconstitutional provisions of division (D) of that section, and
that the qualified immunity from civil liability and injunctive
relief
provisions of divisions (A),
(B), and (C) of section
2305.401 of the Revised Code be given prospective
application
consistent with section 1.48 of the Revised Code.
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