LRB-2271/1
RPN:cmh:km
1999 - 2000 LEGISLATURE
March 25, 1999 - Introduced by Representatives Pettis, Suder, Gundrum,
Gunderson, Huebsch, Spillner, Ladwig, Musser, Ainsworth, Hundertmark,
Sykora, Grothman, Handrick, Albers, Porter, Kreibich, Kedzie, Seratti, F.
Lasee, Leibham, Hutchison, Gronemus, Hahn, Owens, Vrakas, Johnsrud and
Nass, cosponsored by Senators Breske, Zien, Welch, Baumgart, Schultz and
Fitzgerald. Referred to Committee on Judiciary and Personal Privacy.
AB246,1,3
1An Act to create 895.45 of the statutes;
relating to: actions against
2manufacturers, importers, trade associations or dealers of firearms or firearm
3ammunition.
Analysis by the Legislative Reference Bureau
This bill prohibits the state and cities, villages, towns and counties, and
departments, divisions, boards and agencies of these units of government, from
bringing an action against a person who imports, manufactures or deals in firearms
or in firearm ammunition or against a firearm trade association for any damages or
for injunctive relief relating to the lawful design, manufacture, marketing or sale of
firearms or firearm ammunition. The bill does not prevent these units of government
from suing the importers, manufacturers, dealers or trade associations for a breach
of a warranty or contract for firearms or firearm ammunition purchased by the unit
of government.
The bill also grants firearm importers, manufacturers, dealers and trade
associations immunity from civil liability in any action brought by an individual or
group for an injury or death caused by a firearm or by firearm ammunition. However,
this immunity does not apply to an injury or death that was caused by a defective
firearm or by defective firearm ammunition. In addition, the immunity does not
apply if the injury or death was caused by a firearm or firearm ammunition that was
manufactured or sold with a wilful or wanton disregard for the safety of the
individual or group.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB246, s. 1
1Section
1. 895.45 of the statutes is created to read:
AB246,2,3
2895.45 Actions against firearm or firearm ammunition dealers or
3firearm trade associations. (1) In this section:
AB246,2,54
(a) "Defective" means failing to perform in a reasonably safe and suitable
5manner the particular use for which the product was manufactured.
AB246,2,66
(b) "Firearm" means a weapon that acts by force of gunpowder.
AB246,2,97
(c) "Firearm dealer" means any person engaged in the business of importing,
8manufacturing or dealing in firearms and having a license as an importer,
9manufacturer or dealer issued by the U.S. department of the treasury.
AB246,2,1110
(d) "Firearm trade association" means a national or statewide trade association
11that derives income from membership dues of firearm dealers.
AB246,2,1212
(e) "Political subdivision" means a city, village, town or county.
AB246,2,18
13(2) The state, a political subdivision, and every department, division, board or
14agency of the state or of a political subdivision, may not bring an action against a
15firearm dealer, firearm trade association or a manufacturer, importer or dealer of
16firearm ammunition for damages resulting from or injunctive relief relating to the
17lawful design, manufacture, marketing or sale to the public of firearms or firearm
18ammunition.
AB246,3,4
19(3) Subsection (2) does not prohibit the state, a political subdivision, or a
20department, division, board or agency of the state or of a political subdivision, from
21bringing an action against a firearm dealer, firearm trade association or a
1manufacturer, importer or dealer of firearm ammunition for breach of contract or
2warranty as to firearms or firearm ammunition purchased by the state, a political
3subdivision, or by a department, division, board or agency of the state or of a political
4subdivision.
AB246,3,6
5(4) The court shall dismiss any action commenced or pending that is prohibited
6by sub. (2).
AB246,3,10
7(5) (a) A firearm dealer, firearm trade association or a manufacturer, importer
8or dealer of firearm ammunition is immune from civil liability in any action brought
9by an individual or group for an injury or death caused by a firearm or by firearm
10ammunition.
AB246,3,1411
(b) The immunity under par. (a) does not apply to an injury or death that was
12caused by a defective firearm or defective firearm ammunition or by a firearm or
13firearm ammunition that was manufactured or sold with a wilful or wanton
14disregard for the safety of the individual or group.
AB246,3,1716
(1) The treatment of section 895.45 (5) of the statutes first applies to actions
17commenced on the effective date of this subsection.
