Public-domain · open source
OpenJurist

Mont. Code Ann. § 45-8-375

Predicate exception limitation

Known as the Criminal Code

The act spans §§ 45–45 (382 sections).

En

(1) The predicate exception under the Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901, et seq., may not be interpreted broadly. A claim may only proceed if the specific statute cited as being violated:

(a) explicitly regulates firearms or ammunition; and

(b) provides clear, concrete requirements that the manufacturer or seller failed to meet, which directly caused the harm in question.

(2) General state consumer protection laws or public nuisance laws may not be considered as statutes applicable to the sale or marketing of firearms or ammunition for the purposes of the predicate exception.

(3) A broad interpretation of the predicate exception, which could effectively replace the law by allowing general statutes to circumvent the Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901, et seq., must be explicitly rejected.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.