72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2373
 
                         House Bill 2956
 
Sponsored by Representative KROPF
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits suit by city or county against firearms manufacturer
or dealer for damages resulting from design, manufacture,
marketing or sale of firearms. Prohibits Attorney General from
bringing or intervening in suit against firearms manufacturer or
dealer.
  Declares emergency, effective July 1, 2003.
 
                        A BILL FOR AN ACT
Relating to preemption; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Except as otherwise provided in subsection
(2) of this section, the right to bring suit and the right to
recover against a firearms manufacturer or dealer by or on behalf
of a city or county or any department, agency or authority of a
city or county for damages or injunctive relief resulting from or
relating to the lawful design, manufacture, marketing or sale of
firearms to the public is reserved exclusively to the state.
  (2) A city or county or any department, agency or authority of
a city or county may bring an action against a firearms
manufacturer or dealer for breach of contract or warranty as to
firearms purchased by the city or county or department, agency or
authority of the city or county. + }
  SECTION 2.  { + The Attorney General may not bring suit or
intervene in a suit on behalf of the state for or against a
firearms manufacturer or dealer under any legal theory unless the
Legislative Assembly authorizes or appropriates moneys for the
Attorney General to bring or to intervene in such a suit. + }
  SECTION 3.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect July 1,
2003. + }
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