BILL REQ. #:  H-0189.1 

Read first time 01/22/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to actions against the firearms industry; adding new sections to chapter 9.41 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   Neither the state nor any political subdivision of the state may sue the firearms industry for damages, abatement, or injunctive relief resulting or arising from the lawful design, manufacture, marketing, sale, or use of firearms, firearm-related components, or ammunition.

NEW SECTION.  Sec. 2   (1) This act does not prohibit the state or any political subdivision of the state from bringing an action against the firearms industry for breach of contract or warranty in connection with firearms, firearm-related components, or ammunition when purchased by the state or any political subdivision of the state.
     (2) This act does not prohibit civil actions by individuals for injuries resulting from a firearm, firearm-related component, or ammunition malfunction due to defects in design or manufacture of the firearm, firearm-related component, or ammunition.

NEW SECTION.  Sec. 3   (1) For purposes of this act, the potential of a firearm, firearm-related component, or ammunition to cause serious injury, death, or damages to persons or property as a result of the normal function of the firearm, firearm-related component, or ammunition does not constitute a defect in design or manufacture or other defective condition.
     (2) A firearm, firearm-related component, or ammunition shall not be deemed defective on the basis of the potential of the firearm, firearm-related component, or ammunition to cause serious injury, death, or damage to persons or property regardless of whether or not the firearm is discharged lawfully or unlawfully.

NEW SECTION.  Sec. 4   (1) An employee, official, or agent of the state, or any political subdivision of the state, who in his or her official capacity and within the scope of his or her duties files an action in violation of this act is guilty of a class C felony.
     (2) A civil suit may be brought by any person or corporation to enjoin a wrongful filing under this act and if the person or corporation prevails, the person or corporation shall be awarded costs, including reasonable attorney fees.

NEW SECTION.  Sec. 5   The authority to regulate the manufacture, sale, purchase, possession, ownership, carrying, transport, transfer, licensing, registration, operation, or use of gun shows, firearms, firearm components, firearm ammunition, firearm dealers, dealers in firearm components, or sellers of firearm ammunition is reserved exclusively to the state.

NEW SECTION.  Sec. 6   For purposes of this act, "firearms industry" means those persons, corporations, or organizations engaged in the business of manufacture, marketing, storage, distribution, transport, display, advertising, sale, training, or service of firearms, firearm-related components, or ammunition.

NEW SECTION.  Sec. 7   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 8   Sections 1 through 6 of this act are each added to chapter 9.41 RCW.