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Sub. H. B. No. 192As Reported by the Senate Judiciary-Civil Justice Committee
As Reported by the Senate Judiciary-Civil Justice Committee
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, 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
SENATOR Jacobson
A BILL
To enact section 2305.401 of the Revised Code as a
general law to
provide a qualified immunity from
civil liability
and injunctive relief to
members
of
the firearms industry.
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 any
manufacturer, dealer, or importer of firearms, firearms
components, or firearms ammunition or any trade association the
members of which, in whole or in part, are
manufacturers,
dealers,
or 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.
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