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
Current as of: 2023 | Check for updates
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(1) In this section, "governmental unit" means:
(a) A political subdivision of the state, including a municipality or county; and
(b) Any other agency of government whose authority is derived from the laws or constitution of this state.
(2) 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.
Terms Used In Idaho Code 5-247
- action: as used in this chapter is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. See Idaho Code 5-240
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Property: includes both real and personal property. See Idaho Code 73-114
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
- Statute: A law passed by a legislature.
(3) 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.
(4) 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:
(a) Breach of contract or warranty as to firearms or ammunition purchased by a governmental unit;
(b) Damage or harm to property owned or leased by the governmental unit caused by a defective firearm or ammunition; or
(c) Injunctive relief to enforce a valid ordinance, statute or rule.
(5) 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.