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COMMITTEE REPORT
April 13, 1999
H. 3420
Introduced by Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan and Barrett
S. Printed 4/13/99--H.
Read the first time February 2, 1999.
To whom was referred a Bill (H. 3420), to amend the Code of Laws of South Carolina, 1976, by adding Section 1-7-125 so as to provide that the right of the State and its political subdivisions to sue a firearms manufacturer, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 7, Title 1 of the 1976 Code is amended by adding:
"Section 1-7-125. (A) No person may sue or recover from a firearms manufacturer, trade association, or dealer, or an ammunition manufacturer, trade association, or dealer ex delicto, for damages, abatement, or injunctive relief from any claims arising out of or resulting from the marketing, design, or lawful distribution and sale of firearms or ammunition to the public.
(B) As used in this Section:
(1) 'design' means the proper and intended operation of a firearm or ammunition whether or not the firearm or ammunition design could have incorporated additional operating features;
(2) 'lawful distribution and sale' means compliance with any applicable federal and state statutes or regulations governing the distribution and sale of firearms and ammunition;
(3) 'person' means the State of South Carolina, political subdivisions of the State, and individuals.
(c) Nothing in this Section shall prohibit any person from bringing an action against a firearms or ammunition manufacturer, trade association, or dealer ex contractu for breach of contract or warranty, nor shall this Section prohibit a products liability action arising out of the malfunction or improper design of any device which results in personal injuries uncommon to the normal and intended functioning of a firearm or ammunition.
SECTION 2. This act takes effect upon approval of the Governor ad applies to all cases and appeals pending on the effective date of the act." /
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 1 of the 1976 Code is amended by adding:
"Section 1-7-125. (A) Except as permitted by this section, the right and authority to sue a firearms manufacturer, firearms trade association, or firearms dealer on behalf of the State, its agencies and instrumentalities, and on behalf of a county, municipality, special purpose district, or any other political subdivision of the State, for damages, abatement, or injunctive relief resulting from or arising out of the lawful design, marketing or sale of firearms to the public is reserved to the State.
(B) No county, municipality, special purpose district, or other political subdivision of the State may sue or recover from a firearms manufacturer, firearms trade association, or firearms dealer ex delicto, for damages, abatement, or injunctive relief in cases arising out of or resulting from the lawful design, marketing or sale of firearms to the public unless:
(1) a firearm or product caused personal injury to an official, agent, or employee of the county, municipality, special purpose district, or other political subdivision of the State, while he was acting within his official capacity and within the course and scope of his employment; and
(2) the claim is made with the consent of the injured official, agent, or employee to recover lost wages; or
(3) in cases involving loss or damage to real or personal property owned by the county, municipality, special purpose district, or other political subdivision of the State, the claim is made to recover the amount of the loss or damage to the real or personal property.
(C) This section shall not prohibit a county, municipality, special purpose district, or other political subdivision of the State, from bringing an action against a firearms manufacturer or dealer ex contractu, or for breach of contract or warranty in connection with firearms purchased by the county, municipality, special purpose district, or other political subdivision."
SECTION 2. Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-30. (A) The General Assembly finds and declares: that the unlawful and improper use of firearms, rather than the sale of firearms, is the proximate cause of firearms related injuries; that the lawful design, marketing, or sale of firearms to the public is not unreasonably dangerous activity; and that the lawful design, marketing, or sale of firearms to the public does not constitute a nuisance per se.
(B) No person holding a license under Chapter 44 of Title 18, United States Code, and no agent, servant, or employee of a person holding such a license, who sells a firearm in compliance with Chapter 44 of Title 18, United States Code, is liable to any person or entity, or to the estate, successors, or survivors of either, for any injury suffered, including wrongful death and property damage, because of the use of the firearm by a person other than the licensee, his agent, servant, or employee.
(C) No association of persons holding licenses under Chapter 44 of Title 18, United States Code, is liable to any person or entity, or to the estate, successors, or survivors of either, for any injury suffered, including wrongful death and property damage, because of the use of the firearm sold or manufactured by any licensee who is a member of such association."
SECTION 3. This act takes effect upon approval of the Governor and applies to cases and appeals pending on the effective date of the act.
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