THE BILL ITSELF
CS/HB 1551
Products Liability for Firearms
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A bill to be entitled
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An act relating to products liability for firearms;
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creating s. 768.1258, F.S.; providing definitions;
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providing that a firearm manufacturer is not liable
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for certain torts based on the absence or presence of
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certain features, mechanisms, or standards not
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required under federal law; providing construction and
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application; providing a directive to the Division of
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Law Revision; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 768.1258, Florida Statutes, is created
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to read:
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768.1258 Limitation of actions against firearm
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manufacturers.—
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(1) As used in this section, the term:
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(a) "Authorized user recognition technology" means a
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mechanism, device, or technology applied to a firearm which
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prevents a user not authorized by the firearm owner from firing
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the firearm.
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(b) "External manual safety" means a manually operated
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mechanism that, when engaged, blocks the firearm trigger from
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functioning.
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(c) "Firearm" has the same meaning as in s. 790.001.
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(d) "Loaded chamber indicator" means a mechanism or
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feature intended to indicate to the user that a cartridge is in
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the firing chamber of a firearm.
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(e) "Magazine disconnect mechanism" means a mechanism that
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prevents a semiautomatic firearm from firing when the detachable
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magazine is not fully inserted in the firearm.
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(2) In a products liability action involving a firearm, a
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firearm manufacturer is not liable under a theory of defective
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product design, failure to warn, negligence, strict liability,
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or other claims based on the absence or presence of any design
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feature, functionality, safety mechanism, or performance
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standard that is not required by federal law as a condition for
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the lawful manufacture, sale, import, or receipt of the firearm,
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including, but not limited to:
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(a) A magazine disconnect mechanism;
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(b) A loaded chamber indicator;
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(c) Authorized user recognition technology; or
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(d) An external manual safety, including, but not limited
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to, a hinged, pivoting, or tabbed trigger safety.
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(3) This section does not limit liability for a firearm
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manufacturer in cases in which the claimant establishes that the
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firearm contained an actual manufacturing or design defect or
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failed to operate in a manner consistent with the manufacturer's
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express warranties or representations.
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(4) This section shall apply to causes of action filed
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after the effective date of this act.
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Section 2. The Division of Law Revision is directed to
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replace the phrase "the effective date of this act" wherever it
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occurs in this act with the date this act becomes a law.
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This act shall take effect upon becoming a law. Section 3.