DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 289 Original 2025 Regular Session Carrier
Abstract: Provides relative to civil liability of firearm and ammunition manufacturers and
distributors.
Present law (R.S. 9:2800.60(B)) provides that no firearm manufacturer or seller shall be liable for
any injury resulting from any shooting injury by any person unless the injury was the proximate
cause of the unreasonably dangerous construction or composition of the product.
Proposed law expands present law to include ammunition manufacturers and distributors of firearms
or ammunition.
Present law (R.S. 9:2800.60(C)) provides that no manufacturer or seller of a firearm who has
transferred that firearm in compliance with federal and state law shall incur liability for any action
of any person who uses the firearm in a manner inconsistent with the intended purpose.
Proposed law includes distributors or sellers of a firearm or ammunition. Additionally, proposed law
removes the requirement that the firearm is transferred in compliance with federal law.
Present law (R.S. 9:2800.60(D)) provides that the failure of a manufacturer or seller to insure that
a firearm has a device with certain features shall not make the firearm unreasonably dangerous unless
such device is required by federal or state statute or regulation.
Proposed law to includes distributors of firearms and removes the compliance requirement with
federal law.
Present law (R.S. 9:2800.60(E)) provides that the potential of a firearm to cause injury as a result
of normal function does not constitute firearm malfunction due to defect in design or manufacture.
Proposed law expands present law to include ammunition.
Present law (R.S. 9:2800.60(F)) provides that no manufacturer or seller of a firearm shall incur
liability for failing to warn users of certain risks associated with the use of firearms.
Proposed law expands present law to include distributors and sellers of ammunition.
Present law (R.S. 9:2800.60(G)) does not apply to assault weapons manufactured in violation of 18
U.S.C. ยง922(v). Proposed law repeals present law and provides that if a civil action precluded by present law is
brought, the defendant may recover all expenses resulting from the action.
Proposed law provides that in any civil action where the court finds that the defendant is not liable,
the court shall award all attorney fees, court costs, compensation for loss of income, and expenses
incurred as a result of such action.
Present law provides that a governing authority is precluded from bringing suit against any firearm
or ammunition manufacturer relating to the lawful design, manufacture, marketing or sale of firearms
or ammunition.
Proposed law changes present law to include distributors of firearms or ammunition and removes
the requirement that the designs be lawful.
Proposed law provides that if a governing authority violates proposed law, the defendant may be
entitled to court costs and attorney fees.
Proposed law provides that the court shall award reasonable attorney fees, court costs, compensation
for loss of income, and all expenses to the defendant in any civil action if the court finds that the
action was improperly brought.
(Amends R.S. 9:2800.60 and R.S. 40:1799)