Second Regular Session
       
                   Sixty-second General Assembly
       LLS NO. 00-0832.01 Julie PelegrinHOUSE BILL 00-1208 
       
                         STATE OF COLORADO
       
       BY REPRESENTATIVES Clapp, Berry, Dean, Decker, Fairbank,
       Hefley, Hoppe, Johnson, King, Larson, Lee, May, McKay, Nunez,
       Paschall, Scott, Sinclair, Spence, Spradley, Taylor, Witwer, Young;
       also SENATOR Teck.
       
       
       
                         A BILL FOR AN ACT
            Concerning limitations on civil actions regarding 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, importer, or
       dealer or against any firearms trade association for any remedy arising
       from any physical or emotional injury, physical damage, or death caused
       by the discharge of a firearm or ammunition.  Prohibits any type of action
       that would hold a firearms or ammunition manufacturer, importer, or
       dealer liable for the actions of another person.  Instructs the court to
       dismiss any such prohibited civil action and to award reasonable attorney
       fees and court costs 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, importer, or dealer or against any
       firearms trade association for any remedy arising from physical
       or emotional injury, physical damage, or death caused by the
       discharge of a firearm or ammunition.
            (2)  In no type of action shall a firearms or ammunition
       manufacturer, importer, or dealer or a firearms trade
       association be held liable as a third party for the actions of
       another person.
            (3)  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, importer, or dealer or against any
       firearms trade association that the court determines is
       prohibited under subsection (1) or (2) of this section.  Upon
       dismissal pursuant to this subsection (3), 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 for any remedy
       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.  The general assembly also finds that
       under no theory shall a firearms or a ammunition manufacturer,
       importer, or dealer or firearms trade association be held 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.