SB 231: 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.

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 to legislative findings, preemption of local regulation and lawsuits relative to firearms, and exceptions, so as to limit liability of a weapons, firearms, or ammunition manufacturer, trade association, owner or operator of a sport shooting range, or dealer for unlawful, intentional, or negligent acts of a third party involving the use of a weapon, firearm, or ammunition or activities relating to such that occur at a sport shooting range; to provide the state with the exclusive right to bring suit against a weapons, firearms, or ammunition manufacturer, trade association, owner or operator of a sport shooting range, or dealer on behalf of any state agency or a local government; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to legislative findings, preemption of local regulation and lawsuits relative to firearms, and exceptions, is amended by revising subsection (b) as follows:

"(b)(1) Except as provided in subsection (c) of this Code section, no county or municipal corporation, by zoning, by ordinance or resolution, or by any other means, nor any agency, board, department, commission, political subdivision, school district, or authority of this state, other than the General Assembly, by rule or regulation or by any other means shall regulate in any manner:

(A) Gun shows;

(B) The possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons;

(C) Firearms dealers or dealers of other weapons; or

(D) Dealers in components of firearms or other weapons.

(2) A weapons, firearms, or ammunition manufacturer, trade association, owner or operator of a sport shooting range, or dealer shall not be held liable as a third party for unlawful, intentional, or negligent acts of another involving the use of a weapon, firearm, or ammunition or activities relating to such that occur at a sport shooting range. The authority to bring suit and right to recover against any weapons, firearms, or ammunition manufacturer, trade association, owner or operator of a sport shooting range, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of weapons, firearms, or ammunition to the public or activities relating to weapons, firearms, or ammunition that occur at a sport shooting range shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a weapons, firearms, or ammunition manufacturer or dealer for breach of contract or express warranty as to weapons, firearms, or ammunition purchased by the political subdivision or local government authority."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.