Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 298 Fourth Substitute (2016GS)

Sponsor

Rep. Fawson, J.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• enacts the Lawful Commerce in Arms Act;
• creates definitions; and
• limits the liability of manufacturers and sellers of firearms and ammunition to specific situations.

Every vote on this bill

Bill text

LAWFUL COMMERCE IN ARMS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Justin L. Fawson
Senate Sponsor: 
Curtis S. Bramble
Cosponsor:
Derrin Owens
LONG TITLE
General Description:
This bill limits the liability of manufacturers and sellers of firearms and ammunition.
Highlighted Provisions:
This bill:
▸ enacts the Lawful Commerce in Arms Act;
▸ creates definitions; and
▸ limits the liability of manufacturers and sellers of firearms and ammunition to 
specific situations.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53-5d-101
, Utah Code Annotated 1953
53-5d-102
, Utah Code Annotated 1953
53-5d-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-5d-101
 is enacted to read:
CHAPTER 5d. LAWFUL COMMERCE IN ARMS ACT
 53-5d-101.
Title.
This chapter is known as the "Lawful Commerce in Arms Act."
Section 2. Section 
53-5d-102
 is enacted to read:
 53-5d-102.
Definitions.
As used in this chapter:
(1) "Ammunition" means a bullet, a cartridge case, primer, propellant powder, or other
ammunition designed for use in any firearm, either as an individual component part or in a
completely assembled cartridge.
(2) "Manufacturer" means, with respect to a qualified product, a person who is engaged
in the business of manufacturing a qualified product and who is licensed to engage in business
as a manufacturer under 18 U.S.C. Chapter 44.
(3) "Negligent entrustment" means the supplying of a qualified product by a seller for
use by another person when the seller knows, or reasonably should know, the person to whom
the product is supplied is likely to, and does, use the product in a manner involving
unreasonable risk of physical injury to the person or others.
(4) "Person" means the same as that term is defined in Section 
68-3-12.5
.
(5) (a) "Qualified civil liability action" means a civil action or proceeding or an
administrative proceeding brought by any person against a manufacturer or seller of a qualified
product, or a trade association, for damages, punitive damages, injunctive or declaratory relief,
abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or
unlawful misuse of a qualified product by the person or a third party.
(b) "Qualified civil liability action" does not include:
(i) an action brought against a transferor convicted under 18 U.S.C. Sec. 924(h) or
Section 
76-10-503
 by a party directly harmed by the conduct of which the transferee was
convicted;
(ii) an action brought against a seller for negligent entrustment or negligence per se;
(iii) an action in which a manufacturer or seller of a qualified product knowingly
violated a state or federal statute applicable to the sale or marketing of the product, and the
violation was a proximate cause of the harm for which relief is sought, including:
(A) any incident in which the manufacturer or seller knowingly made any false entry
in, or failed to make appropriate entry in, any record required to be kept under federal or state
law with respect to the qualified product, or aided, abetted, or conspired with any person in
making any false or fictitious oral or written statement with respect to any fact material to the
lawfulness of the sale or other disposition of a qualified product; or
(B) any case in which the manufacturer or seller aided, abetted, or conspired with any
other person to sell or otherwise dispose of a qualified product, knowing, or having reasonable
cause to believe, that the actual buyer of the qualified product was prohibited from possessing
or receiving a firearm or ammunition under 18 U.S.C. Sec. 922(g) or (n) or Section 
76-10-503
;
(iv) an action for breach of contract or warranty in connection with the purchase of the
product;
(v) an action for death, physical injuries, or property damage resulting directly from a
defect in design or manufacture of the product, when used as intended or in a reasonably
foreseeable manner, except that where the discharge of the product was caused by a volitional
act that constituted a criminal offense, then the act shall be considered the sole proximate cause
of any resulting death, personal injuries, or property damage; or
(vi) an action or proceeding commenced to enforce the provisions of 18 U.S.C.
Chapter 44, 26 U.S.C. Chapter 53, or Title 76, Chapter 10, Part 5, Weapons.
(6) "Qualified product" means a firearm or antique firearm, as defined in Section
76-10-501
, ammunition, or a component part of a firearm or ammunition.
(7) "Seller" means, with respect to a qualified product, a federal firearms licensee, as
defined in Section 
76-10-501
.
(8) "Trade association" means:
(a) any corporation, unincorporated association, federation, business league, or
professional or business organization not organized or operated for profit and no part of the net
earnings of which inures to the benefit of any private shareholder or individual;
(b) an organization described in 26 U.S.C. Sec. 501(c)(6) and exempt from tax under
U.S.C. Sec. 501(a); and
(c) an organization, two or more members of which are manufacturers or sellers of a
qualified product.
(9) "Unlawful misuse" means conduct that violates a statute, ordinance, or regulation
as it relates to the use of a qualified product.
Section 3. Section 
53-5d-103
 is enacted to read:
 53-5d-103.
Limitations on liability.
(1) A manufacturer or seller of a qualified product, or trade association, is not subject
to a qualified civil liability action regarding the unlawful misuse of a qualified product unless
an injury or death results from an act or omission of the manufacturer, seller, or trade
association that constitutes gross negligence, recklessness, or intentional misconduct.
(2) A civil liability action against a manufacturer, seller, or trade association that does
not allege any of the provisions of Subsection 
53-5d-102
(5)(b) shall be dismissed.