MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Judiciary A

By: Representative Cameron, Baker, Barbour, Barnett (116th), Barnett (92nd), Bowles, Capps, Chism, Compretta, Creel, Cummings, Davis, Denny, Eads, Eakes, Eaton, Ellington, Ellzey, Fillingane, Flaggs, Formby, Gadd, Gibbs, Grist, Guice, Hamilton, Holland, Horne, Howell, Hudson, Ishee, Janus, Jennings, Ketchings, Livingston, Lott, Malone, Maples, Markham, Martinson, Masterson, Mayo, McCoy, Miles, Mitchell, Montgomery (15th), Montgomery (74th), Moody, Moore (100th), Moore (60th), Moss, Nettles, Nicholson, Pierce, Read, Reeves, Roberson, Robertson, Robinson (84th), Rogers, Rotenberry, Rushing, Ryals, Scott (17th), Shows, Smith (35th), Smith (39th), Smith (59th), Snowden, Stevens, Taylor, Ward, Warren, Weathersby, Wells-Smith, Woods, Zuber

House Bill 1405

AN ACT TO PROHIBIT POLITICAL SUBDIVISIONS OF THE STATE FROM SUING GUN AND AMMUNITION MANUFACTURERS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  The governing authority of any political subdivision or local or other governmental authority of the state is precluded and preempted from bringing suit to recover against any firearms or ammunition manufacturer, trade association, or dealer for damages for injury, death, or loss or to seek other injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition.  The authority to bring such actions as may be authorized by law shall be reserved exclusively to the state.

     (2)  This section shall not prohibit the governing authority of a political subdivision or local or other governing authority of the state from bringing an action against a firearms or ammunition manufacturer, trade association, or dealer for breach of contract as to firearms or ammunition purchased by the political subdivision or local authority of the state.

     SECTION 2.  The provisions of this act shall be applicable to all claims existing or actions pending on its effective date and all claims arising or actions filed on and after its effective date.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2002.