Monkeyleg
March 7, 2003, 06:37 PM
Please call your state representative and senator and ask him/her to support AB96. Bills like this one should be passed in all 50 states!
2003 _ ASSEMBLY BILL_ 96_
_
February 20, 2003 - Introduced by Representatives Pettis, Musser, Huebsch, Suder, Hahn, Jensen, J. Wood, Bies, J. Fitzgerald, Gundrum, Gunderson, Friske, Hines, Ott, Stone, Albers, Freese, Krawczyk, Grothman, Petrowski, F. Lasee, McCormick, Hundertmark and Nass, cosponsored by Senators Kedzie, Schultz, S. Fitzgerald, Stepp, Roessler and Leibham. Referred to Committee on Judiciary.
Pg1Ln1_ _ _ _An Act to create 895.45 of the statutes; relating to: actions against sport
Pg1Ln2_ _ _ _shooting range owners or operators, against gun or sportsman's clubs, and
Pg1Ln3_ _ _ _against manufacturers, importers, trade associations, or dealers of firearms,
Pg1Ln4_ _ _ _firearm components, or firearm ammunition.
_
_____________________________________________________________________________
_
Analysis by the Legislative Reference Bureau_ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _This bill prohibits the state, cities, villages, towns, counties, and school
_ _ _ _districts, and departments, divisions, boards, and agencies of these units of
_ _ _ _government, from bringing an action against a person who imports, manufactures,
_ _ _ _or deals in firearms, firearm components, or firearm ammunition or against a
_ _ _ _firearm trade association, gun or sportsman's club, or sport shooting range owner or
_ _ _ _operator, under a nuisance theory or for damages or injunctive relief relating to the
_ _ _ _design, distribution, manufacture, marketing, or sale of firearms, firearm
_ _ _ _components, or firearm ammunition._ The bill does not prevent these units of
_ _ _ _government from suing the importers, manufacturers, dealers, trade associations,
_ _ _ _clubs, or ranges for a breach of a warranty or contract for firearms, firearm
_ _ _ _components, or firearm ammunition purchased by the unit of government or for the
_ _ _ _design, distribution, manufacture, marketing, or sale of firearms, firearm
_ _ _ _components, or firearm ammunition in violation of a state or federal law that could
_ _ _ _result in a civil or criminal penalty._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _The bill grants firearm importers, manufacturers, dealers, and trade
_ _ _ _associations immunity from civil liability in any action for an injury or death caused
_ _ _ _by a firearm, a firearm component, or firearm ammunition._ Immunity from civil
_ _ _ _liability is granted also to gun or sportsman's clubs and sport shooting range owners
_ _ _ _or operators for an injury or death caused by a firearm, a firearm component, or
_ _ _ _firearm ammunition if the action is based on the club's or range's participation in the
_ _ _ _distribution, marketing, sale, or other transfer of a firearm, a firearm component, or
_ _ _ _firearm ammunition._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _These immunities do not apply if the injury or death was caused by any of the
_ _ _ _following:_ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _1._ A defect in the workmanship or materials of a firearm, a firearm component,
_ _ _ _or firearm ammunition._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _2._ A firearm, a firearm component, or firearm ammunition that was
_ _ _ _manufactured or sold in violation of a state or federal law that could result in a civil
_ _ _ _or criminal penalty._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _3._ The negligent handling of a firearm, a firearm component, or firearm
_ _ _ _ammunition if the negligent handling was by a firearm importer, manufacturer,
_ _ _ _dealer, or trade association, gun or sportsman's club, or sport shooting range owner
_ _ _ _or operator in actual physical possession of the firearm, firearm component, or
_ _ _ _firearm ammunition._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _4._ A firearm, a firearm component, or firearm ammunition that a firearm
_ _ _ _importer, manufacturer, dealer, or trade association, gun or sportsman's club, or
_ _ _ _sport shooting range owner or operator used in violation of a state or federal law that
_ _ _ _could result in a civil or criminal penalty or used while committing another act that
_ _ _ _violates a state or federal law that could result in a civil or criminal penalty._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _The bill also prohibits a person from bringing an action for an injunction
_ _ _ _against a firearm importer, manufacturer, dealer, or trade association, gun or
_ _ _ _sportsman's club, or sport shooting range owner or operator in any action for an
_ _ _ _injury or death caused by a firearm, a firearm component, or firearm ammunition.
_ _ _ _This prohibition does not apply if the injury or death was caused by any of the
_ _ _ _following:_ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _1._ A defect in the workmanship or materials of a firearm, a firearm component,
_ _ _ _or firearm ammunition._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _2._ A firearm, a firearm component, or firearm ammunition that was
_ _ _ _manufactured or sold in violation of a state or federal law that could result in a civil
_ _ _ _or criminal penalty.
_
_____________________________________________________________________________
_
_ _ _ _The people of the state of Wisconsin, represented in senate and assembly, do
_ _ _ _enact as follows:
__ _ _ _AB96, s. 1_ _ _ _
Pg2Ln1_ _ _ __ _ _ _Section 1._ 895.45 of the statutes is created to read:
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg2Ln2_ _ _ __ _ _ _895.45_ Actions against sport shooting range owners or operators, gun
Pg2Ln3_ _ _ _or sportsman's clubs, firearm or firearm ammunition dealers, or firearm
Pg2Ln4_ _ _ _trade associations._ (1)_ In this section:
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln1_ _ _ __ _ _ _(a)_ "Firearm" means a weapon that acts by force of gunpowder.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln2_ _ _ __ _ _ _(b)_ "Firearm dealer" means any person engaged in the business of importing,
Pg3Ln3_ _ _ _manufacturing, or dealing in firearms or firearm components and having a license
Pg3Ln4_ _ _ _as an importer, a manufacturer, or a dealer issued by the U.S. department of the
Pg3Ln5_ _ _ _treasury.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln6_ _ _ __ _ _ _(c)_ "Firearm trade association" means a national or statewide trade association
Pg3Ln7_ _ _ _that derives income from membership dues of firearm dealers.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln8_ _ _ __ _ _ _(d)_ "Local governmental unit" means a city, village, town, county, or school
Pg3Ln9_ _ _ _district.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln10_ _ _ __ _ _ _(e)_ "Sport shooting range" has the meaning given in s. 895.527 (1).
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln11_ _ _ __ _ _ _(2)_ The state, a local governmental unit, and every department, division,
Pg3Ln12_ _ _ _board, or agency of the state or of a local governmental unit, may not bring an action
Pg3Ln13_ _ _ _or proceeding against a firearm dealer, a firearm trade association, a manufacturer,
Pg3Ln14_ _ _ _an importer, or a dealer of firearm ammunition, a gun or sportsman's club, or a sport
Pg3Ln15_ _ _ _shooting range owner or operator for damages resulting from, or injunctive relief
Pg3Ln16_ _ _ _relating to, the design, distribution, manufacture, marketing, or sale of firearms,
Pg3Ln17_ _ _ _firearm components, or firearm ammunition or under any nuisance theory.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln18_ _ _ __ _ _ _(3)_ Subsection (2) does not prohibit the state, a local governmental unit, or a
Pg3Ln19_ _ _ _department, division, board, or agency of the state or of a local governmental unit,
Pg3Ln20_ _ _ _from bringing an action or proceeding against a firearm dealer, a firearm trade
Pg3Ln21_ _ _ _association, or a manufacturer, an importer, or a dealer of firearm ammunition:
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln22_ _ _ __ _ _ _(a)_ For breach of contract or warranty as to a firearm, a firearm component, or
Pg3Ln23_ _ _ _firearm ammunition purchased by the state, by a local governmental unit, or by a
Pg3Ln24_ _ _ _department, division, board, or agency of the state or of a local governmental unit.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg4Ln1_ _ _ __ _ _ _(b)_ Related to a firearm, a firearm component, or firearm ammunition that was
Pg4Ln2_ _ _ _designed, distributed, manufactured, marketed, or sold in violation of a state or
Pg4Ln3_ _ _ _federal law that could result in a criminal penalty or civil forfeiture._ An action or
Pg4Ln4_ _ _ _proceeding that is permitted under this paragraph may be brought only against a
Pg4Ln5_ _ _ _person who violated a state or federal law that could result in a criminal penalty or
Pg4Ln6_ _ _ _civil forfeiture and only if the harm giving rise to the action or proceeding was
Pg4Ln7_ _ _ _proximately caused by the person's violation of a state or federal law that could result
Pg4Ln8_ _ _ _in a criminal penalty or civil forfeiture._ The fact that a firearm, a firearm component,
Pg4Ln9_ _ _ _or firearm ammunition was designed, distributed, manufactured, or sold in violation
Pg4Ln10_ _ _ _of a state or federal law that could result in a criminal penalty or civil forfeiture must
Pg4Ln11_ _ _ _be shown by clear and convincing evidence.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg4Ln12_ _ _ __ _ _ _(4)_ The court shall dismiss any action or proceeding commenced or pending
Pg4Ln13_ _ _ _that is prohibited by sub. (2).
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg4Ln14_ _ _ __ _ _ _(5) (a) 1._ A firearm dealer, a firearm trade association, or a manufacturer, an
Pg4Ln15_ _ _ _importer, or a dealer of firearm ammunition is immune from civil liability in any
Pg4Ln16_ _ _ _action or proceeding for an injury or death caused by a firearm, a firearm component,
Pg4Ln17_ _ _ _or firearm ammunition.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg4Ln18_ _ _ __ _ _ _2._ A gun or sportsman's club or a sport shooting range owner or operator is
Pg4Ln19_ _ _ _immune from civil liability in any action or proceeding for an injury or death caused
Pg4Ln20_ _ _ _by a firearm, a firearm component, or firearm ammunition, if the action or
Pg4Ln21_ _ _ _proceeding is based on the participation by the gun or sportsman's club or the sport
Pg4Ln22_ _ _ _shooting range owner or operator in the distribution, marketing, sale, or other
Pg4Ln23_ _ _ _transfer of the firearm, firearm component, or ammunition.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg4Ln24_ _ _ __ _ _ _(b) 1._ No injunctive relief may be granted against a firearm dealer, a firearm
Pg4Ln25_ _ _ _trade association, or a manufacturer, an importer, or a dealer of firearm ammunition
Pg5Ln1_ _ _ _in any action or proceeding for an injury or death caused by a firearm, a firearm
Pg5Ln2_ _ _ _component, or firearm ammunition.
2003 _ ASSEMBLY BILL_ 96_
_
February 20, 2003 - Introduced by Representatives Pettis, Musser, Huebsch, Suder, Hahn, Jensen, J. Wood, Bies, J. Fitzgerald, Gundrum, Gunderson, Friske, Hines, Ott, Stone, Albers, Freese, Krawczyk, Grothman, Petrowski, F. Lasee, McCormick, Hundertmark and Nass, cosponsored by Senators Kedzie, Schultz, S. Fitzgerald, Stepp, Roessler and Leibham. Referred to Committee on Judiciary.
Pg1Ln1_ _ _ _An Act to create 895.45 of the statutes; relating to: actions against sport
Pg1Ln2_ _ _ _shooting range owners or operators, against gun or sportsman's clubs, and
Pg1Ln3_ _ _ _against manufacturers, importers, trade associations, or dealers of firearms,
Pg1Ln4_ _ _ _firearm components, or firearm ammunition.
_
_____________________________________________________________________________
_
Analysis by the Legislative Reference Bureau_ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _This bill prohibits the state, cities, villages, towns, counties, and school
_ _ _ _districts, and departments, divisions, boards, and agencies of these units of
_ _ _ _government, from bringing an action against a person who imports, manufactures,
_ _ _ _or deals in firearms, firearm components, or firearm ammunition or against a
_ _ _ _firearm trade association, gun or sportsman's club, or sport shooting range owner or
_ _ _ _operator, under a nuisance theory or for damages or injunctive relief relating to the
_ _ _ _design, distribution, manufacture, marketing, or sale of firearms, firearm
_ _ _ _components, or firearm ammunition._ The bill does not prevent these units of
_ _ _ _government from suing the importers, manufacturers, dealers, trade associations,
_ _ _ _clubs, or ranges for a breach of a warranty or contract for firearms, firearm
_ _ _ _components, or firearm ammunition purchased by the unit of government or for the
_ _ _ _design, distribution, manufacture, marketing, or sale of firearms, firearm
_ _ _ _components, or firearm ammunition in violation of a state or federal law that could
_ _ _ _result in a civil or criminal penalty._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _The bill grants firearm importers, manufacturers, dealers, and trade
_ _ _ _associations immunity from civil liability in any action for an injury or death caused
_ _ _ _by a firearm, a firearm component, or firearm ammunition._ Immunity from civil
_ _ _ _liability is granted also to gun or sportsman's clubs and sport shooting range owners
_ _ _ _or operators for an injury or death caused by a firearm, a firearm component, or
_ _ _ _firearm ammunition if the action is based on the club's or range's participation in the
_ _ _ _distribution, marketing, sale, or other transfer of a firearm, a firearm component, or
_ _ _ _firearm ammunition._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _These immunities do not apply if the injury or death was caused by any of the
_ _ _ _following:_ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _1._ A defect in the workmanship or materials of a firearm, a firearm component,
_ _ _ _or firearm ammunition._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _2._ A firearm, a firearm component, or firearm ammunition that was
_ _ _ _manufactured or sold in violation of a state or federal law that could result in a civil
_ _ _ _or criminal penalty._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _3._ The negligent handling of a firearm, a firearm component, or firearm
_ _ _ _ammunition if the negligent handling was by a firearm importer, manufacturer,
_ _ _ _dealer, or trade association, gun or sportsman's club, or sport shooting range owner
_ _ _ _or operator in actual physical possession of the firearm, firearm component, or
_ _ _ _firearm ammunition._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _4._ A firearm, a firearm component, or firearm ammunition that a firearm
_ _ _ _importer, manufacturer, dealer, or trade association, gun or sportsman's club, or
_ _ _ _sport shooting range owner or operator used in violation of a state or federal law that
_ _ _ _could result in a civil or criminal penalty or used while committing another act that
_ _ _ _violates a state or federal law that could result in a civil or criminal penalty._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _The bill also prohibits a person from bringing an action for an injunction
_ _ _ _against a firearm importer, manufacturer, dealer, or trade association, gun or
_ _ _ _sportsman's club, or sport shooting range owner or operator in any action for an
_ _ _ _injury or death caused by a firearm, a firearm component, or firearm ammunition.
_ _ _ _This prohibition does not apply if the injury or death was caused by any of the
_ _ _ _following:_ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _1._ A defect in the workmanship or materials of a firearm, a firearm component,
_ _ _ _or firearm ammunition._ _ _ _AB96_ _ _ _
_ _ _ __ _ _ _2._ A firearm, a firearm component, or firearm ammunition that was
_ _ _ _manufactured or sold in violation of a state or federal law that could result in a civil
_ _ _ _or criminal penalty.
_
_____________________________________________________________________________
_
_ _ _ _The people of the state of Wisconsin, represented in senate and assembly, do
_ _ _ _enact as follows:
__ _ _ _AB96, s. 1_ _ _ _
Pg2Ln1_ _ _ __ _ _ _Section 1._ 895.45 of the statutes is created to read:
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg2Ln2_ _ _ __ _ _ _895.45_ Actions against sport shooting range owners or operators, gun
Pg2Ln3_ _ _ _or sportsman's clubs, firearm or firearm ammunition dealers, or firearm
Pg2Ln4_ _ _ _trade associations._ (1)_ In this section:
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln1_ _ _ __ _ _ _(a)_ "Firearm" means a weapon that acts by force of gunpowder.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln2_ _ _ __ _ _ _(b)_ "Firearm dealer" means any person engaged in the business of importing,
Pg3Ln3_ _ _ _manufacturing, or dealing in firearms or firearm components and having a license
Pg3Ln4_ _ _ _as an importer, a manufacturer, or a dealer issued by the U.S. department of the
Pg3Ln5_ _ _ _treasury.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln6_ _ _ __ _ _ _(c)_ "Firearm trade association" means a national or statewide trade association
Pg3Ln7_ _ _ _that derives income from membership dues of firearm dealers.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln8_ _ _ __ _ _ _(d)_ "Local governmental unit" means a city, village, town, county, or school
Pg3Ln9_ _ _ _district.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln10_ _ _ __ _ _ _(e)_ "Sport shooting range" has the meaning given in s. 895.527 (1).
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln11_ _ _ __ _ _ _(2)_ The state, a local governmental unit, and every department, division,
Pg3Ln12_ _ _ _board, or agency of the state or of a local governmental unit, may not bring an action
Pg3Ln13_ _ _ _or proceeding against a firearm dealer, a firearm trade association, a manufacturer,
Pg3Ln14_ _ _ _an importer, or a dealer of firearm ammunition, a gun or sportsman's club, or a sport
Pg3Ln15_ _ _ _shooting range owner or operator for damages resulting from, or injunctive relief
Pg3Ln16_ _ _ _relating to, the design, distribution, manufacture, marketing, or sale of firearms,
Pg3Ln17_ _ _ _firearm components, or firearm ammunition or under any nuisance theory.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln18_ _ _ __ _ _ _(3)_ Subsection (2) does not prohibit the state, a local governmental unit, or a
Pg3Ln19_ _ _ _department, division, board, or agency of the state or of a local governmental unit,
Pg3Ln20_ _ _ _from bringing an action or proceeding against a firearm dealer, a firearm trade
Pg3Ln21_ _ _ _association, or a manufacturer, an importer, or a dealer of firearm ammunition:
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg3Ln22_ _ _ __ _ _ _(a)_ For breach of contract or warranty as to a firearm, a firearm component, or
Pg3Ln23_ _ _ _firearm ammunition purchased by the state, by a local governmental unit, or by a
Pg3Ln24_ _ _ _department, division, board, or agency of the state or of a local governmental unit.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg4Ln1_ _ _ __ _ _ _(b)_ Related to a firearm, a firearm component, or firearm ammunition that was
Pg4Ln2_ _ _ _designed, distributed, manufactured, marketed, or sold in violation of a state or
Pg4Ln3_ _ _ _federal law that could result in a criminal penalty or civil forfeiture._ An action or
Pg4Ln4_ _ _ _proceeding that is permitted under this paragraph may be brought only against a
Pg4Ln5_ _ _ _person who violated a state or federal law that could result in a criminal penalty or
Pg4Ln6_ _ _ _civil forfeiture and only if the harm giving rise to the action or proceeding was
Pg4Ln7_ _ _ _proximately caused by the person's violation of a state or federal law that could result
Pg4Ln8_ _ _ _in a criminal penalty or civil forfeiture._ The fact that a firearm, a firearm component,
Pg4Ln9_ _ _ _or firearm ammunition was designed, distributed, manufactured, or sold in violation
Pg4Ln10_ _ _ _of a state or federal law that could result in a criminal penalty or civil forfeiture must
Pg4Ln11_ _ _ _be shown by clear and convincing evidence.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg4Ln12_ _ _ __ _ _ _(4)_ The court shall dismiss any action or proceeding commenced or pending
Pg4Ln13_ _ _ _that is prohibited by sub. (2).
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg4Ln14_ _ _ __ _ _ _(5) (a) 1._ A firearm dealer, a firearm trade association, or a manufacturer, an
Pg4Ln15_ _ _ _importer, or a dealer of firearm ammunition is immune from civil liability in any
Pg4Ln16_ _ _ _action or proceeding for an injury or death caused by a firearm, a firearm component,
Pg4Ln17_ _ _ _or firearm ammunition.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg4Ln18_ _ _ __ _ _ _2._ A gun or sportsman's club or a sport shooting range owner or operator is
Pg4Ln19_ _ _ _immune from civil liability in any action or proceeding for an injury or death caused
Pg4Ln20_ _ _ _by a firearm, a firearm component, or firearm ammunition, if the action or
Pg4Ln21_ _ _ _proceeding is based on the participation by the gun or sportsman's club or the sport
Pg4Ln22_ _ _ _shooting range owner or operator in the distribution, marketing, sale, or other
Pg4Ln23_ _ _ _transfer of the firearm, firearm component, or ammunition.
__ _ _ _AB96, s. 1 - continued_ _ _ _
Pg4Ln24_ _ _ __ _ _ _(b) 1._ No injunctive relief may be granted against a firearm dealer, a firearm
Pg4Ln25_ _ _ _trade association, or a manufacturer, an importer, or a dealer of firearm ammunition
Pg5Ln1_ _ _ _in any action or proceeding for an injury or death caused by a firearm, a firearm
Pg5Ln2_ _ _ _component, or firearm ammunition.