45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO FIREARMS; ENACTING THE FIREARMS INDUSTRY LAWSUIT REFORM ACT; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Firearms Industry Lawsuit Reform Act".

Section 2. LEGISLATIVE FINDINGS.--

A. The legislature finds that the lawful design, marketing, distribution, manufacture, sale or transfer of firearms, firearms components, ammunition or ammunition components to the public is not an unreasonable or dangerous activity and does not constitute a nuisance per se.

B. The legislature further finds that the unlawful use of firearms and ammunition, rather than the lawful design, marketing, distribution, manufacture, sale or transfer of firearms and ammunition, is the proximate cause of injuries arising from the use of firearms and ammunition.

Section 3. AUTHORITY TO FILE A LAWSUIT RESERVED TO THE STATE--EXCEPTIONS.--

A. The authority to file a lawsuit and seek damages, injunctive relief or abatement on behalf of the state or any political subdivision of the state from a firearms or ammunition manufacturer, distributor, trade association or dealer for the lawful design, marketing, distribution, manufacture, sale or transfer of firearms and ammunition is reserved exclusively to the state.

B. A lawsuit shall not be filed against a firearms or ammunition manufacturer, distributor, trade association or dealer unless the lawsuit is authorized by a law enacted by the legislature.

C. The provisions of this section shall not prohibit the state or a political subdivision of the state from bringing a lawsuit against a firearms or ammunition manufacturer, distributor, trade association or dealer for:

(1) breach of contract or breach of warranty for firearms or ammunition purchased by the state or a political subdivision; or

(2) injuries resulting from the malfunction of a firearm or ammunition due to a defect in design or manufacture.

D. A firearm shall not be deemed defective in design or manufacture due to:

(1) the potential of a firearm to cause serious injury, property damage or death as a result of its normal function; or

(2) the potential of a firearm to cause serious injury, property damage or death when discharged legally or illegally.

Section 4. NO LIABILITY FOR FAILURE TO WARN FIREARMS USERS OF CERTAIN RISKS.--A firearms manufacturer or seller shall not incur liability for failing to warn firearms users that:

A. a firearm has the potential to cause serious injury, property damage or death when discharged legally or illegally;

B. an unauthorized person could gain access to a firearm;

C. a cartridge may be in the chamber of the firearm; or

D. a firearm is capable of being fired even when the ammunition magazine is removed.

Section 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.