CHAPTER 3. LEGAL ACTIONS INVOLVING FIREARMS AND AMMUNITION MANUFACTURERS, TRADE ASSOCIATIONS, AND SELLERS
IC 34-12-3
Chapter 3. Legal Actions Involving Firearms and Ammunition
Manufacturers, Trade Associations, and Sellers
IC 34-12-3-1
"Firearm" defined
Sec. 1. As used in this chapter, "firearm" has the meaning set forth
in IC 35-47-1-5.
As added by P.L.19-2001, SEC.1.
IC 34-12-3-2
"Person" defined
Sec. 2. As used in this chapter, "person" has the meaning set forth
in IC 35-41-1-22.
As added by P.L.19-2001, SEC.1.
IC 34-12-3-3
Prohibited actions
Sec. 3. Except as provided in section 5(1) or 5(2) of this chapter,
a person may not bring an action against a firearms or ammunition
manufacturer, trade association, or seller for:
(1) recovery of damages resulting from, or injunctive relief or
abatement of a nuisance relating to, the lawful:
(A) design;
(B) manufacture;
(C) marketing; or
(D) sale;
of a firearm or ammunition for a firearm; or
(2) recovery of damages resulting from the criminal or unlawful
misuse of a firearm or ammunition for a firearm by a third
party.
As added by P.L.19-2001, SEC.1. Amended by P.L.80-2004, SEC.3.
IC 34-12-3-4
Fees and costs awarded for groundless actions
Sec. 4. If a court finds that a party has brought an action under a
theory of recovery described in section 3(1) or 3(2) of this chapter,
the finding constitutes conclusive evidence that the action is
groundless. If a court makes a finding under this section, the court
shall dismiss the claims or action and award to the defendant any
reasonable attorney's fee and costs incurred in defending the claims
or action.
As added by P.L.19-2001, SEC.1.
IC 34-12-3-5
Allowable actions
Sec. 5. Nothing in this chapter may be construed to prohibit a
person from bringing an action against a firearms or ammunition
manufacturer, trade association, or seller for recovery of damages for
the following:
(1) Breach of contract or warranty concerning firearms or
ammunition purchased by a person.
(2) Damage or harm to a person or to property owned or leased
by a person caused by a defective firearm or ammunition.
(3) Injunctive relief to enforce a valid statute, rule, or
ordinance. However, a person may not bring an action seeking
injunctive relief if that action is barred under section 3 of this
chapter.
As added by P.L.19-2001, SEC.1. Amended by P.L.80-2004, SEC.4.