AB246-ASA1,1,8 6895.45 Actions against sport shooting range owners or operators, gun
7or sportsmen's clubs or firearm or firearm ammunition dealers or firearm
8trade associations. (1) In this section:

AB246-ASA1,1,99 (a) "Firearm" means a weapon that acts by force of gunpowder.

AB246-ASA1,1,1210 (b) "Firearm dealer" means any person engaged in the business of importing,
11manufacturing or dealing in firearms or firearm components and having a license as
12an importer, manufacturer or dealer issued by the U.S. department of the treasury.

AB246-ASA1,2,2

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1(c) "Firearm trade association" means a national or statewide trade association
2that derives income from membership dues of firearm dealers.

AB246-ASA1,2,43 (d) "Local governmental unit" means a city, village, town, county or school
4district.

AB246-ASA1,2,55 (e) "Sport shooting range" has the meaning given in s. 895.527 (1).

AB246-ASA1,2,11 6(2) The state, a local governmental unit, and every department, division, board
7or agency of the state or of a local governmental unit, may not bring an action or
8proceeding against a firearm dealer, firearm trade association or a manufacturer,
9importer or dealer of firearm ammunition for damages resulting from or injunctive
10relief relating to the design, distribution, manufacture, marketing or sale of
11firearms, firearm components or firearm ammunition or under any nuisance theory.

AB246-ASA1,2,15 12(3) Subsection (2) does not prohibit the state, a local governmental unit, or a
13department, division, board or agency of the state or of a local governmental unit,
14from bringing an action or proceeding against a firearm dealer, firearm trade
15association or a manufacturer, importer or dealer of firearm ammunition:

AB246-ASA1,2,1816 (a) For breach of contract or warranty as to a firearm, firearm component or
17firearm ammunition purchased by the state, a local governmental unit, or by a
18department, division, board or agency of the state or of a local governmental unit.

AB246-ASA1,3,419 (b) Related to a firearm, firearm component or firearm ammunition that was
20designed, distributed, manufactured, marketed or sold in violation of a state or
21federal law that could result in a criminal penalty or civil forfeiture. An action or
22proceeding that is permitted under this paragraph may be brought only against a
23person who violated a state or federal law that could result in a criminal penalty or
24civil forfeiture and only if the harm giving rise to the action or proceeding was
25proximately caused by the person's violation of a state or federal law that could result

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1in a criminal penalty or civil forfeiture. The fact that a firearm, firearm component
2or firearm ammunition was designed, distributed, manufactured or sold in violation
3of a state or federal law that could result in a criminal penalty or civil forfeiture must
4be shown by clear and convincing evidence.

AB246-ASA1,3,6 5(4) The court shall dismiss any action or proceeding commenced or pending
6that is prohibited by sub. (2).

AB246-ASA1,3,11 7(5) (a) A firearm dealer, firearm trade association or a manufacturer, importer
8or dealer of firearm ammunition, a gun or sportsmen's club or a sport shooting range
9owner or operator is immune from civil liability in any action or proceeding brought
10by an individual or group for an injury or death caused by a firearm, firearm
11component or firearm ammunition.

AB246-ASA1,3,1612 (b) No injunctive relief may be granted against a firearm dealer, firearm trade
13association or a manufacturer, importer or dealer of firearm ammunition, against a
14gun or sportsmen's club or against a sport shooting range owner or operator in any
15action or proceeding brought by an individual or group for an injury or death caused
16by a firearm, a firearm component or firearm ammunition.

AB246-ASA1,3,1717 (c) The immunity under par. (a) does not apply to any of the following:

AB246-ASA1,3,2218 1. An injury or death caused by the negligent handling of a firearm, a firearm
19component or firearm ammunition by an individual covered under par. (a) if, at the
20time of the act or omission that constitutes the negligent handling, the individual is
21in actual physical possession of the firearm, firearm component or firearm
22ammunition.

AB246-ASA1,4,223 2. An injury or death caused by a firearm, a firearm component or firearm
24ammunition that an individual covered under par. (a) uses in violation of a state or
25federal law that could result in a criminal penalty or civil forfeiture or that an

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1individual covered under par. (a) uses while committing another act that violates a
2state or federal law that could result in a criminal penalty or civil forfeiture.

AB246-ASA1,4,43 (d) The immunity under par. (a) and the prohibition under par. (b) do not apply
4to any of the following:

AB246-ASA1,4,65 1. An injury or death that was caused by a defect in the workmanship or
6materials of a firearm, a firearm component or firearm ammunition.

AB246-ASA1,4,177 2. An injury or death that was caused by a firearm, firearm component or
8firearm ammunition that was manufactured or sold in violation of a state or federal
9law that could result in a criminal penalty or civil forfeiture. An action or proceeding
10that is permitted under this subdivision may be brought only against a person who
11violated a state or federal law that could result in a criminal penalty or civil forfeiture
12and only if the harm giving rise to the action or proceeding was proximately caused
13by the person's violation of a state or federal law that could result in a criminal
14penalty or civil forfeiture. The fact that the firearm, firearm component or firearm
15ammunition was manufactured or sold in violation of a state or federal law that could
16result in a criminal penalty or civil forfeiture must be shown by clear and convincing
17evidence.