
General Assembly |
Amendment |
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February Session, 2006 |
LCO No. 4898 | ||||
*SB0044304898HRO* | |||||
Offered by: |
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REP. DELGOBBO, 70th Dist. REP. GREENE, 105th Dist. REP. WILLIAMS, 68th Dist. REP. D'AMELIO, 71st Dist. REP. HAMZY, 78th Dist. |
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(As Amended)
"AN ACT CONCERNING DOMESTIC VIOLENCE. "
After the last section, add the following and renumber sections and internal references accordingly:
"Sec. 501. (NEW) (Effective October 1, 2006) The courts shall hold harmless any person or entity without limitation, from any suits, claims, costs, demands, judgments, liability or other causes of action arising from or related to the use of a firearm or firearm ammunition resulting from the misuse of such person's or entity's products by others, but shall not include:
(1) An action brought against a transferor convicted of knowingly transferring a firearm, knowing that such firearm will be used to commit a crime of violence, by a party directly harmed by the conduct of which the transferee is so convicted;
(2) An action brought against a seller for negligent entrustment, where the supplying of a qualified product by a seller for use by another person when the seller knows, or should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others, or for negligence per se;
(3) An action in which a manufacturer or seller of a qualified product violated a statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought, including: (A) Any case in which the manufacturer or seller knowingly made any false entry in, or failed to make appropriate entry in, any record required to be kept under federal or state law; (B) any case in which the manufacturer or seller aided, abetted or conspired with any person in making any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale or other disposition of a qualified product; or (C) any case in which the manufacturer or seller aided, abetted or conspired with any other person to sell or otherwise dispose of a qualified product, knowing, or having reasonable cause to believe, that the actual buyer of the qualified product was prohibited from possessing or receiving a firearm or ammunition;
(4) An action for breach of contract or warranty in connection with the purchase of the product; or
(5) An action for physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a manner that is reasonably foreseeable and does not include any criminal or unlawful misuse of a qualified product, other than possessory offenses. "