130th Ohio General Assembly
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Am. H. B. No. 192  As Passed by the House
As Passed by the House

124th General Assembly
Regular Session
2001-2002
Am. H. B. No. 192


REPRESENTATIVES Callender, Willamowski, Brinkman, Seaver, Lendrum, Roman, Young, Collier, Williams, Reidelbach, Gilb, Evans, Calvert, Schmidt, Carmichael, Schaffer, Latta, Fessler, Husted, Grendell, Faber, Buehrer, Core, Boccieri, Clancy, Womer Benjamin, Aslanides, Distel, Setzer, Carano, Webster, Manning, Flowers, Peterson, Metzger, Blasdel, Hoops, Cates, Raga, Wolpert, Coates, Widowfield, DeWine, Hagan, Niehaus



A BILL
To enact section 2305.401 of the Revised Code as a 1
general law to provide a qualified immunity from 2
civil liability and injunctive relief to members 3
of the firearms industry that will be both 4
prospective and 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 be6
enacted to read as follows:7

       Sec. 2305.401.  (A) As used in this section:8

       (1) "Ammunition" means any projectile capable of being9
expelled or propelled from a firearm by the action of an explosive10
or combustible propellant.11

       (2) "Firearm" has the same meaning as in section 2923.11 of12
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 any16
manufacturer, dealer, or importer of firearms, firearms17
components, or firearms ammunition or any trade association the18
members of which, in whole or in part, are manufacturers, dealers,19
or importers of firearms, firearms components, or firearms20
ammunition.21

       (5) "Person" has the same meaning as in section 1.59 of the22
Revised Code and additionally includes all governmental entities.23

       (6) "Tort action" means a civil action for damages for24
injury, death, or loss to person or property other than a civil25
action for damages for a breach of contract or another agreement26
between persons.27

       (B)(1) Except as provided in divisions (B)(2) and (3) of28
this section and subject to division (C) of this section, a member29
of the firearms industry is not liable in damages in, and is not30
subject to a grant of injunctive relief in, a tort or other civil31
action for harm allegedly sustained by any person as a result of32
the operation or discharge of a firearm. Except as provided in33
divisions (B)(2) and (3) of this section and subject to division34
(C) of this section, a person who allegedly sustains harm as a35
result of the operation or discharge of a firearm or that person's36
personal representative does not have a claim for relief against,37
and may not recover damages or injunctive relief in a tort or38
other civil action against, a member of the firearms industry39
based upon that harm.40

       (2) A member of the firearms industry forfeits the immunity41
from civil liability and injunctive relief conferred by division42
(B)(1) of this section if the member of the firearms industry43
operates or discharges the firearm that results in the harm that44
is the basis of the claim for relief in the tort or other civil45
action in a manner that constitutes negligence, willful or wanton46
misconduct, or intentionally tortious conduct or that constitutes47
a criminal violation of law.48

       (3) A member of the firearms industry forfeits the immunity49
from civil liability and injunctive relief conferred by division50
(B)(1) of this section if the member of the firearms industry51
sells, lends, gives, or furnishes to any person, in violation of52
section 2923.20 or 2923.21 or another section of the Revised Code53
or in violation of federal law, the firearm that results in the54
harm that is the basis of the claim for relief in the tort or55
other civil action.56

       (C)(1) This section does not create a new cause of action or57
substantive legal right against a member of the firearms industry.58

       (2) This section does not limit the availability against a59
member of the firearms industry of a civil action that seeks60
damages for harm and that is based on a product liability claim61
authorized by Chapter 2307. of the Revised Code. As used in this62
division, "harm" and "product liability claim" have the same63
meanings as in section 2307.71 of the Revised Code.64

       (3) This section does not limit the availability against a65
member of the firearms industry of a civil action for a breach of66
an express provision of a contract or of another agreement between67
persons, or a civil action for a breach of an express warranty,68
pertaining to firearms, firearms components, or firearms69
ammunition.70

       (D) This section applies to tort or other civil actions71
commenced on or after the effective date of this section, or72
commenced prior to and pending on the effective date of this73
section, for damages or injunctive relief based upon harm74
allegedly sustained by any person as a result of the operation or75
discharge of a firearm prior to, on, or after the effective date76
of this section.77

       Section 2.  It is the intent of the General Assembly in78
enacting division (D) of section 2305.401 of the Revised Code in79
this act to provide for both the prospective and retroactive80
application of the qualified immunity from civil liability and81
injunctive relief provisions of section 2305.401 of the Revised82
Code, as enacted by this act as a general law. If, however, the 83
Ohio Supreme Court determines, in any litigation that may be 84
commenced to contest the constitutionality of the qualified 85
immunity from civil liability and injunctive relief provisions of 86
section 2305.401 of the Revised Code, that the retroactive 87
application of those provisions would be violative of either the 88
United States Constitution or the Ohio Constitution, it is the 89
intent of the General Assembly that the severability provision of 90
section 1.50 of the Revised Code be applied, that the qualified 91
immunity from civil liability and injunctive relief provisions of92
divisions (A), (B), and (C) of section 2305.401 of the Revised 93
Code be severed from the unconstitutional provisions of division 94
(D) of that section, and that the qualified immunity from civil 95
liability and injunctive relief provisions of divisions (A), (B), 96
and (C) of section 2305.401 of the Revised Code be given 97
prospective application consistent with section 1.48 of the 98
Revised Code.99

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