73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1721
 
                         House Bill 2373
 
Sponsored by Representative BURLEY, Senator WESTLUND;
  Representatives ANDERSON, BROWN, BRUUN, BUTLER, KRIEGER, OLSON,
  WHISNANT
 
 
                             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.
 
  Eliminates civil liability of seller or manufacturer of firearm
or ammunition for damages resulting from unlawful use of firearm.
Specifies exceptions.
 
                        A BILL FOR AN ACT
Relating to civil liability for the unlawful use of firearms.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A civil action may not be brought by any
person against a manufacturer or seller of firearms or ammunition
for damages resulting from the unlawful use of a firearm by the
person or a third party.
  (2) This section does not apply to:
  (a) A civil action against a seller by reason of use of a
firearm by a purchaser to whom the seller sold the firearm if the
seller knew, or should have known, that the purchaser was likely
to use the firearm in a manner that would cause unreasonable risk
of physical injury to another person.
  (b) A civil action against a manufacturer or seller of a
firearm or ammunition based on a willful violation of a state or
federal statute governing the sale or marketing of the product,
if the violation of the statute was a cause of the harm for which
relief is sought.
  (c) A civil action against a manufacturer or seller of a
firearm or ammunition who is required to be licensed under 18
U.S.C. 923 and who is not so licensed.
  (d) A civil action for breach of contract or warranty by a
purchaser of a firearm or ammunition.
  (e) A product liability action under ORS 30.900 to 30.920.
  (3) For the purposes of this section, 'firearm' means a weapon
that is designed to expel a projectile by the action of gunpowder
or other explosive powder. + }
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, section 1 of this 2005 Act applies to all causes of
action, whether arising before, on or after the effective date of
this 2005 Act.
  (2) Section 1 of this 2005 Act does not apply to any cause of
action for which a judgment has been entered before the effective
date of this 2005 Act. + }
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