SB550: SB550 Torts; manufacturers of firearms relative to absence or inclusion of safety features in certain instances; limit liability

26 LC 39 4921 Senate Bill 550 By: Senators Summers of the 13th, Gooch of the 51st, Goodman of the 8th, Dickerson of the 21st, Ginn of the 47th and others A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to1 general provisions relative to torts, so as to limit liability for manufacturers of firearms2 relative to absence or inclusion of safety features in certain instances; to provide for3 definitions; to provide for construction; to provide for related matters; to repeal conflicting4 laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 1 of Title 51 of the Official Code of Georgia Annotated , relating to general8 provisions relative to torts, is amended by adding a new Code section to read as follows:9 "51-1-58.10 (a) As used in this Code section, the term:11 (1) 'Authorized user recognition technology' means a mechanism, device, or technology12 applied to a firearm designed and manufactured to prevent the firing of a firearm by any13 individual other than an individual authorized to use such firearm.14 S. B. 550 - 1 - 26 LC 39 4921 (2) 'External manual safety' means a manually operated mechanism that, when engaged,15 blocks the firearm trigger from functioning, including, but not limited to, a hinged,16 pivoting, or tabbed trigger safety.17 (3) 'Firearm' means any handgun, rifle, shotgun, or other weapon which will or can be18 converted to expel a projectile by the action of an explosive.19 (4) 'Loaded chamber indicator' means a mechanism or feature intended to indicate to the20 user of a firearm that a cartridge is in the firing chamber.21 (5) 'Magazine disconnect mechanism' means a mechanism that prevents a firearm from22 firing when the detachable magazine is not fully inserted in the firearm.23 (b) A manufacturer of firearms shall not be held liable for th e manufacture of a product24 alleged to be defective, for failure to warn, or for negligence based upon the absence or25 presence of any design feature, functionality, safety mechanism, or performance standard26 that is not required by federal law as a condition for the lawful manufacture, sale, import,27 or possession of the firearm, including, but not limited to:28 (1) A magazine disconnect mechanism;29 (2) A loaded chamber indicator;30 (3) Authorized user recognition technology; or31 (4) An external manual safety.32 (c) This Code section shall not be construed to limit liability for a firearm manufacturer33 in cases in which a person, including a decedent's estate, who seeks recovery of damages34 establishes that a firearm contained an actual manufacturing defect or failed to operate in35 a manner consistent with the manufacturer's express warranties or representations."36 SECTION 2.37 All laws and parts of laws in conflict with this Act are repealed.38 S. B. 550 - 2 -