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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2215 By: West (Kevin)
AS INTRODUCED
An Act relating to tort liability for firearm
lawsuits; providing definitions; prohibiting certain
lawsuits against firearm, firearm accessory, or
ammunition manufacturers, distributors, dealers,
importers, exporters, trade associations and their
owners, shareholder, directors and employe es;
providing that if a defendant files a motion
asserting that a plaintiff has filed a prohibited
lawsuit the court shall stay all proceedings and
shall dismiss the civil action with prejudice in
regard to all prohibited causes of action and claims ;
providing that an order denying a motion may be
appealed; providing for awarding of attorney fees;
providing exemptions; providing that in any civil
action or proceeding not barred by t his section all
claims for relief contained in the complaint must be
plead with specificity ; repealing 76 O.S. 2021,
Sections 52.1 and 52.2, which relate to firearm
liability limitation; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 55 of Title 76, unless there is
created a duplication in numbering, reads as follows:
A. As used in this section:
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1. "Ammunition" means a projectile or cartridge case, primer,
bullet, or propellant powder designed for use in a firearm ;
2. "Dealer" means
a. any person engaged in the business of selling
firearms, firearm accessories or a mmunition at
wholesale or retail,
b. any person engaged in the business of gunsmithing
including repairing firearms or of making or fitting
special barrels, stocks, or trig ger mechanisms to
firearms, or
c. any person who is a pawnbroker licensed by the f ederal
government to sell firearms. A "dealer" is not a
manufacturer, importer, exporter, or trade
association;
3. "Exporter" means a person engaged in foreign commerce of
firearms, firearm accessories, or ammunition f or purposes of sale or
distribution outside the United States ;
4. "Firearm" means a weapon that acts by force of gunpowder ;
5. "Firearm accessory" means a device designed or adapted to
enable the wearing or carrying about one's person, or the storage or
mounting in or on a conveyance, of a firearm or an attachment or
device designed or adapted to be inserted into or affixed onto a
firearm to enable, alter, or improve the functioning or capabilities
of a firearm;
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6. "Importer" means any person engaged in the business of
importing or bringin g firearms, firearm accessories or ammunition
into the United States for purposes of sale or distribution within
the United States;
7. "Manufacturer" means a person who is e ngaged in the business
of manufacturing and licensed as a manufacturer under chapt er 44 of
title 18 of the United States Code or who manufactures firearm
accessories or components of ammunition ;
8. "Person" means any individual, corporation, business trus t,
estate, trust, partnership, limited liability company, association,
governmental entity or body politic or other organization ; and
9. "Trade association" means a corporation, unincorporated
association, federation, b usiness league, or professional or
business organization not organized or operated for profit that
meets all of the following criteria:
a. no part of its net earnings inures to the benefit of
any private shareholder or individual ;
b. it is an organization described in 26 USC 501 (c)(6)
and exempt from tax under section 26 USC 501 (a) ;
c. two or more of its members are man ufacturers,
distributors, dealers, importers or exporters of
firearms, firearm accessories or ammunition.
B. A person may not bring, file, or maintain any civil action
or proceeding against a firearm, firearm accessory, or ammunition
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manufacturer, distrib utor, dealer, importer, exporter, or trade
association, or the owners, shareholders, directors, and em ployees
of any such entity, for any of the following:
1. Recovery of damages, punitive damages, restitution, fines,
penalties, injunctive or declaratory relief or other remedy relating
to the design, manufacture, distribution, advertising, marketing, or
sale of a firearm, firearm accessory, or ammunition ;
2. Recovery of damages, punitive damages, restitution, fines,
penalties, injunctive or declaratory re lief or other remedy
resulting from the criminal or unlawful use of a firearm, firearm
accessory, or ammunition by a third party; and
3. Recovery of damages, punitive damag es, restitution, fines,
penalties, injunctive or declaratory relief or other remedy based on
any legal theory that the marketing or advertising of a firearm,
firearm accessories or ammunition wa s the cause of any personal
injury, death, or property damage or caused or contributed to the
creation or maintaining of a public nuisance.
C. 1. If a defendant files a motion asserting that a plaintiff
has filed a civil action or special proceeding prohibited u nder this
section, the court shall stay all proceeding s including discovery
and decide the motion based on the pleadings. If the court
determines the plaintiff has filed a civil action or proceeding
asserting any cause of action or claim prohibited under this
section, then such finding shall constitute conclu sive evidence that
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the civil action or special proceeding is prohibited by law and the
court shall immediately dismiss the civil action or proceeding or
dismiss with prejudice all prohib ited causes of action and claims
set forth in the complaint. An order denying such motion, in whole
or in part, may be appealed.
2. If a civil action or proceeding, or any cause(s) of action
or claim(s), is dismissed pursuant to this provision, the cou rt
shall award to the defendant their costs and reasonable attorney
fees incurred in defending against the civil action or proceeding or
any dismissed cause(s) of action or claim(s). In cases that were
pending on the date of enactment of this Section, the court shall
only award attorney fees as of the date the defendant notifi es the
plaintiff in writing that this Section has gone into effect and
requests that the plaintiff voluntarily dismiss the civil action or
special proceeding, or all prohibited cause(s) of action or
claim(s).
D. 1. Nothing in this section prohibits a per son from filing,
bringing, or maintaining a civil action or special proceeding
against a firearm, firearm accessory, or ammunition manufacturer,
distributor, dealer, importer, exporter, or trade association for
any of the following:
a. breach of contract or warranty concerning firearms,
firearm accessories, or ammunition purchased by a
person,
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b. death, physical injuri es, or property damage resulting
directly from a defect in design or manufacture of the
product when the product is used as designed and
intended or in a reasonably foreseeable manner, except
that where the discharge of the firearm or ammunition
was caused by a volitional act that constituted an
unlawful or criminal offense, regardless of whether
the person discharging the firearm or ammunition was
criminally charged, prosecuted or convicted or is
charged as a juvenile, then such volitional act shall
be considered the sole proximate cause of any
resulting death, personal injuries, or property
damage,
c. death or physical injuries resulting direc tly from the
sale of a firearm, f irearm accessory or ammunition in
violation of a federal or state law or regulation
specifically and exclusively regulating the sale of
firearms, firearm accessories or ammunition , or
d. a civil action or special proceeding against a dealer
for death or physical injuries resulting directly from
the negligent entrustment by the dealer of a firearm
or ammunition for use by another person when the
dealer knows, or reasonably should know, the person to
whom the firearm or ammuni tion is supplied is likely
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to, and does in fact, use the product in a manner
involving unreasonable risk of physical injury to
others.
2. In any civil action or proceeding not barred by this
section all claims for relief contained in the complaint must b e
plead with specificity.
SECTION 2. REPEALER 76 O.S. 2021, Sections 52.1 and
52.2, is hereby repealed.
SECTION 3. This act shall become effective November 1, 2023.
59-1-6557 JL 01/11/23