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

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 any	16
manufacturer, dealer, or importer of firearms, firearms	17
components, or firearms ammunition or any trade association the	18
members of which, in whole or in part, are manufacturers, dealers,	19
or importers of firearms, firearms components, or firearms	20
ammunition.	21

(5) "Person" has the same meaning as in section 1.59 of the	22
Revised Code and additionally includes all governmental entities.	23

(6) "Tort action" means a civil action for damages for	24
injury, death, or loss to person or property other than a civil	25
action for damages for a breach of contract or another agreement	26
between persons.	27

(B)(1) Except as provided in divisions (B)(2) and (3) of	28
this section and subject to division (C) of this section, a member	29
of the firearms industry is not liable in damages in, and is not	30
subject to a grant of injunctive relief in, a tort or other civil	31
action for harm allegedly sustained by any person as a result of	32
the operation or discharge of a firearm. Except as provided in	33
divisions (B)(2) and (3) of this section and subject to division	34
(C) of this section, a person who allegedly sustains harm as a	35
result of the operation or discharge of a firearm or that person's	36
personal representative does not have a claim for relief against,	37
and may not recover damages or injunctive relief in a tort or	38
other civil action against, a member of the firearms industry	39
based upon that harm.	40

(2) A member of the firearms industry forfeits the immunity	41
from civil liability and injunctive relief conferred by division	42
(B)(1) of this section if the member of the firearms industry	43
operates or discharges the firearm that results in the harm that	44
is the basis of the claim for relief in the tort or other civil	45
action in a manner that constitutes negligence, willful or wanton	46
misconduct, or intentionally tortious conduct or that constitutes	47
a criminal violation of law.	48

(3) A member of the firearms industry forfeits the immunity	49
from civil liability and injunctive relief conferred by division	50
(B)(1) of this section if the member of the firearms industry	51
sells, lends, gives, or furnishes to any person, in violation of	52
section 2923.20 or 2923.21 or another section of the Revised Code	53
or in violation of federal law, the firearm that results in the	54
harm that is the basis of the claim for relief in the tort or	55
other civil action.	56

(C)(1) This section does not create a new cause of action or	57
substantive legal right against a member of the firearms industry.	58

(2) This section does not limit the availability against a	59
member of the firearms industry of a civil action that seeks	60
damages for harm and that is based on a product liability claim	61
authorized by Chapter 2307. of the Revised Code. As used in this	62
division, "harm" and "product liability claim" have the same	63
meanings as in section 2307.71 of the Revised Code.	64

(3) This section does not limit the availability against a	65
member of the firearms industry of a civil action for a breach of	66
an express provision of a contract or of another agreement between	67
persons, or a civil action for a breach of an express warranty,	68
pertaining to firearms, firearms components, or firearms	69
ammunition.	70

(D) This section applies to tort or other civil actions	71
commenced on or after the effective date of this section, or	72
commenced prior to and pending on the effective date of this	73
section, for damages or injunctive relief based upon harm	74
allegedly sustained by any person as a result of the operation or	75
discharge of a firearm prior to, on, or after the effective date	76
of this section.	77

Section 2.  It is the intent of the General Assembly in	78
enacting division (D) of section 2305.401 of the Revised Code in	79
this act to provide for both the prospective and retroactive	80
application of the qualified immunity from civil liability and	81
injunctive relief provisions of section 2305.401 of the Revised	82
Code, as enacted by this act. If, however, the Ohio Supreme Court	83
determines, in any litigation that may be commenced to contest the	84
constitutionality of the qualified immunity from civil liability	85
and injunctive relief provisions of section 2305.401 of the	86
Revised Code, that the retroactive application of those provisions	87
would be violative of either the United States Constitution or the	88
Ohio Constitution, it is the intent of the General Assembly that	89
the severability provision of section 1.50 of the Revised Code be	90
applied, that the qualified immunity from civil liability and	91
injunctive relief provisions of divisions (A), (B), and (C) of	92
section 2305.401 of the Revised Code be severed from the	93
unconstitutional provisions of division (D) of that section, and	94
that the qualified immunity from civil liability and injunctive	95
relief provisions of divisions (A), (B), and (C) of section	96
2305.401 of the Revised Code be given prospective application	97
consistent with section 1.48 of the Revised Code.	98