Second Regular Session
       
                   Sixty-second General Assembly
       LLS NO. 00-0024.02 Julie PelegrinSENATE BILL 00-010 
       
                         STATE OF COLORADO
       
       BY SENATOR Teck;
       also REPRESENTATIVE Clapp.
       
       
       
       
                         A BILL FOR AN ACT
            Concerning limitations on civil actions concerning firearms.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Prohibits any civil suit in tort, other than a products liability
       action, against a firearms or ammunition manufacturer or dealer or
       against any firearms trade association for damages arising from any
       physical injury, physical damage, or death caused by the discharge of a
       firearm or ammunition.  Instructs the court to dismiss any such prohibited
       civil action and to award reasonable attorney fees to each defendant
       named in the action.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 5 of article 21 of title 13, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            13-21-504.5.  Limitations on actions - award of fees.  (1)  A
       person or other public or private entity may not bring an action
       in tort, other than a product liability action, against a firearms
       or ammunition manufacturer or dealer or against any firearms
       trade association claiming damages arising from physical or
       emotional injury, physical damage, or death caused by the
       discharge of a firearm or ammunition, including but not limited
       to any action alleging that the firearms or ammunition
       manufacturer or dealer or the firearms trade association is
       liable as a third party for the actions of another person.
            (2)  The court, upon the filing of a motion to dismiss
       pursuant to rule 12 (b) of the Colorado rules of civil procedure,
       shall dismiss any action brought against a firearms or
       ammunition manufacturer or dealer or against any firearms
       trade association that the court determines is prohibited under
       subsection (1) of this section.  Upon dismissal pursuant to this
       subsection (2), the court shall award reasonable attorney fees,
       in addition to costs, to each defendant named in the action.
            SECTION 2.  13-21-501, Colorado Revised Statutes, is amended
       to read:
            13-21-501.  Legislative declaration.  (1)  The general assembly
       hereby declares that it shall be the policy in this state that product liability
       for injury, damage, or death caused by the discharge of a firearm or
       ammunition shall be based only upon an actual defect in the design or
       manufacture of such firearm or ammunition and not upon the inherent
       potential of a firearm or ammunition to cause injury, damage, or death
       when discharged.
            (2)  The general assembly further finds that it shall be the
       policy of this state that a civil action in tort claiming damages
       arising from physical or emotional injury, physical damage, or
       death caused by the discharge of a firearm or ammunition shall
       be based only upon an actual defect in the design or
       manufacture of such firearm or ammunition and not upon any
       other theory of liability, including but not limited to one that
       holds a firearms or ammunition manufacturer or dealer or
       firearms trade association liable for the actions of another
       person.
            SECTION 3.  Effective date - applicability.  This act shall take
       effect upon passage, and shall apply to causes of action arising on or after
       said date.
            SECTION 4.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.