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 misuse of their products, unless it can be proven that such outcomes were caused by an unreasonably dangerous defect in the product. The bill extends liability protections to distributors and includes specific 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 manufactured in violation of federal law and introduces provisions for awarding attorney fees and costs to defendants in cases where they are found not liable.

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 retain the right to pursue breach of contract actions related to firearms or ammunition they have purchased. The bill also establishes that if a local governing authority violates this preemption, the defendant may be entitled to recover court costs and attorney fees, reinforcing the protections for manufacturers and distributors against local legal actions.

Statutes affected:
HB289 Original:
HB289 Engrossed:
HB289 Enrolled:
HB289 Act :