This bill amends Louisiana law regarding the civil liability of firearm and ammunition manufacturers, distributors, and sellers. It clarifies that these entities are not liable for injuries, damages, or deaths resulting from the use of their products unless it can be proven that such outcomes were caused by an unreasonably dangerous design or composition. The bill also extends liability protections to distributors and includes provisions that state manufacturers, distributors, or sellers cannot be held liable for failing to warn users about the inherent risks associated with firearms and ammunition. Additionally, it removes previous restrictions regarding liability for assault weapons and mandates that defendants in civil actions found not liable are entitled to recover attorney fees and costs.
Furthermore, the bill preempts local governments from suing firearm and ammunition manufacturers, distributors, or dealers for damages related to the lawful design, manufacture, marketing, or sale of these products, reserving such authority exclusively for the state. However, local authorities can still pursue breach of contract claims related to firearms or ammunition purchases. If a local governing authority violates this preemption, the defendant may be entitled to recover court costs and attorney fees, and the court is required to award reasonable fees and expenses to defendants in cases deemed improperly brought under this section.
Statutes affected: HB289 Original:
HB289 Engrossed:
HB289 Enrolled:
HB289 Act :