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May 30, 2000
Introduced by Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and Robinson
S. Printed 5/30/00--S.
Read the first time April 29, 1999.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 73 of Title 15 of the 1976 Code is amended by adding:
"Section 15-73-40. (A) In a products liability action involving firearms or ammunition, whether a firearm or ammunition shell is defective in design must not be based on a comparison or weighing of the benefits of the product against the risk of injury, damage, or death posed by its potential to cause that injury, damage, or death when discharged.
(B) In a products liability action brought against a firearm or ammunition manufacturer, importer, distributor, or retailer that alleges a design defect, the burden is on the plaintiff to prove, in addition to any other elements required to be proved that:
(1) the actual design of the firearm or ammunition was defective, causing it not to function in a manner reasonably expected by an ordinary consumer of firearms or ammunition; and
(2) any defective design was the proximate cause of the injury, damage, or death."
SECTION 2. This act takes effect upon approval by the Governor and applies prospectively to all actions which arise or accrue on or after the effective date of this act.
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