SB231: SB231 Firearms; activities relating to such that occur at a sport shooting range; negligent acts of a third party involving the use of a weapon, firearm; limit liability of a weapons, firearms, or ammunition manufacturer, trade assoc.

25 LC 39 4637 Senate Bill 231 By: Senators Anavitarte of the 31st, Gooch of the 51st, Bearden of the 30th, Robertson of the 29th, Goodman of the 8th and others A BILL TO BE ENTITLED AN ACT To amend Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to1 legislative findings, preemption of local regulation and lawsui ts relative to firearms, and2 exceptions, so as to limit liability of a weapons, firearms, or ammunition manufacturer, trade3 association, owner or operator of a sport shooting range, or dealer for unlawful, intentional,4 or negligent acts of a third party involving the use of a weapon, firearm, or ammunition or5 activities relating to such that occur at a sport shooting range; to provide the state with the6 exclusive right to bring suit against a weapons, firearms, or ammunition manufacturer, trade7 association, owner or operator of a sport shooting range, or de aler on behalf of any state8 agency or a local government; to provide for related matters; to repeal conflicting laws; and9 for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to legislative13 findings, preemption of local regulation and lawsuits relative to firearms, and exceptions, is14 amended by revising subsection (b) as follows:15 S. B. 231 - 1 - 25 LC 39 4637 "(b)(1) Except as provided in subsection (c) of this Code section, no county or municipal16 corporation, by zoning, by ordinan ce or resolution, or by any o ther means, nor any17 agency, board, department, commission, political subdivision, school district, or authority18 of this state, other than the General Assembly, by rule or regu lation or by any other19 means shall regulate in any manner:20 (A) Gun shows;21 (B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing,22 or registration of firearms or other weapons or components of f irearms or other23 weapons;24 (C) Firearms dealers or dealers of other weapons; or25 (D) Dealers in components of firearms or other weapons.26 (2) A weapons, firearms, or ammunition manufacturer, trade ass ociation, owner or27 operator of a sport shooting range, or dealer shall not be held liable as a third party for28 unlawful, intentional, or negligent acts of another involving the use of a weapon, firearm,29 or ammunition or activities relating to such that occur at a sp ort shooting range. The30 authority to bring suit and right to recover against any weapons, firearms, or ammunition31 manufacturer, trade association, owner or operator of a sport shooting range, or dealer by32 or on behalf of any governmental unit created by or pursuant to an Act of the General33 Assembly or the Constitution, or any department, agency, or aut hority thereof, for34 damages, abatement, or injunctive relief resulting from or relating to the lawful design,35 manufacture, marketing, or sale of weapons, firearms, or ammuni tion to the public or36 activities relating to weapons, firearms, or ammunition that oc cur at a sport shooting37 range shall be reserved exclusively to the state. This paragraph sh all not prohibit a38 political subdivision or local government authority from bringi ng an action against a39 weapons, firearms, or ammunition manufacturer or dealer for bre ach of contract or40 express warranty as to weapons, firearms, or ammunition purchas ed by the political41 subdivision or local government authority."42 S. B. 231 - 2 - 25 LC 39 4637 SECTION 2.43 All laws and parts of laws in conflict with this Act are repealed.44 S. B. 231 - 3 -