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Idaho Code § 5-247

Limitation on suits against a firearms or ammunition manufacturer, trade association or seller — Limitation on right to bring suit or recover damages

I.C., § 5-247, as added by 2000, ch. 470, § 1, p. 1600.

(1) In this section, “governmental unit” means: A political subdivision of the state, including a municipality or county; and

(2) Any other agency of government whose authority is derived from the laws or constitution of this state.

(3) Except as provided by subsection (3) of this section, a governmental unit may not bring suit against a firearms or ammunition manufacturer, trade association or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing or sale of firearms or ammunition to the public.

(4) A governmental unit on behalf of the state or any other governmental unit may bring a suit described by subsection (2) of this section if the suit is approved in advance by the legislature by adoption of a concurrent resolution or by enactment of a statute. This subsection does not create a cause of action.

(5) Nothing in this section shall prohibit a governmental unit from bringing an action against a firearms manufacturer, trade association or seller for recovery of damages for: Breach of contract or warranty as to firearms or ammunition purchased by a governmental unit;

(6) Damage or harm to property owned or leased by the governmental unit caused by a defective firearm or ammunition; or

(7) Injunctive relief to enforce a valid ordinance, statute or rule.

(8) Nothing in this section shall prohibit the attorney general from bringing a suit described by subsection (2) of this section on behalf of the state or any other governmental unit. This subsection does not create a cause of action.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.