SENATE BILL REPORT

EHB 662

BYRepresentatives Vekich, McMullen, Grant, P. King, Hargrove, Madsen, Haugen, Zellinsky, Baugher, Bristow, Bumgarner, Fuhrman, Holland, Chandler, Nealey, L. Smith, Ferguson, Betrozoff, Moyer, Amondson, D. Sommers, McLean, Cooper, Rasmussen, Kremen, Fisch, Meyers, Todd, Jesernig, K. Wilson, S. Wilson, Sanders, Sutherland, Doty, May, Brough, Cantwell, Padden, Winsley and Holm

Specifying the grounds for bringing a products liability action based on design defects for firearms or ammunition.

House Committe on Trade & Economic Development

Senate Committee on Law & Justice

Senate Hearing Date(s):March 17, 1987; April 1, 1987; February 18, 1988

Majority Report:     Do pass.

     Signed by Senators Pullen, Chairman; Halsan, Hayner, Madsen, Niemi.

Senate Staff:Jon Carlson (786-7459)

                February 18, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 18, 1988

BACKGROUND:

In a number of states, lawsuits have been filed against handgun manufacturers and dealers alleging that handguns are unreasonably dangerous per se.  The theory is that a handgun is defective in design because it can be used to cause injury or death.  Thus, a manufacturer or dealer could be held liable anytime that it produced or sold a handgun used in the commission of a crime.  The concern is that this approach to handgun liability would ultimately threaten the ownership and use of firearms by law-abiding citizens.

SUMMARY:

In a products liability action, a firearm or ammunition cannot be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage or death.

An action based upon the improper selection of design alternatives is not affected by these provisions.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   No one