(1) The Legislature finds and declares that the manufacture, distribution, or sale of firearms and ammunition by manufacturers, distributors, or dealers duly licensed by the appropriate federal and state authorities is a lawful activity and is not unreasonably dangerous, and further finds that the unlawful use of firearms and ammunition, rather than their lawful manufacture, distribution, or sale, is the proximate cause of injuries arising from their unlawful use.
(2) Except as permitted by this section, a legal action against a firearms or ammunition manufacturer, firearms trade association, firearms or ammunition distributor, or firearms or ammunition dealer on behalf of the state or its agencies and instrumentalities, or on behalf of a county, municipality, special district, or any other political subdivision or agency of the state, for damages, abatement, or injunctive relief resulting from or arising out of the lawful design, marketing, distribution, or sale of firearms or ammunition to the public is prohibited. However, this subsection does not preclude a natural person from bringing an action against a firearms or ammunition manufacturer, firearms trade association, firearms or ammunition distributor, or firearms or ammunition dealer for breach of a written contract, breach of an express warranty, or injuries resulting from a defect in the materials or workmanship in the manufacture of a firearm or ammunition.
(3) A county, municipality, special district, or other political subdivision or agency of the state may not sue for or recover from a firearms or ammunition manufacturer, firearms trade association, firearms or ammunition distributor, or firearms or ammunition dealer damages, abatement, or injunctive relief in any case that arises out of or results from the lawful design, marketing, distribution, or sale of firearms or ammunition to the public.
(4) This section does not prohibit an action against a firearms or ammunition manufacturer, distributor, or dealer for:
(a) Breach of contract or warranty in connection with a firearm or ammunition purchased by a county, municipality, special district, or other political subdivision or agency of the state.
(b) Injuries resulting from the malfunction of a firearm or ammunition due to a defect in design or manufacture.
(5)(a) For the purposes of this section, the potential of a firearm or ammunition to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product.
(b) A firearm or ammunition may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged legally or illegally.
(6)(a) If a civil action is brought in violation of this section, the defendant may recover all expenses resulting from such action from the governmental entity bringing such action.
(b) In any civil action where the court finds that the defendant is immune as provided in this section, the court shall award the defendant all attorney’s fees, costs and compensation for loss of income, and expenses incurred as a result of such action.
(7) This section applies to any action brought on or after the effective date of this section.
History.—s. 1, ch. 2001-38.
Structure Florida Statutes
Chapter 790 - Weapons and Firearms
790.01 - Unlicensed Carrying of Concealed Weapons or Concealed Firearms.
790.02 - Officer to Arrest Without Warrant and Upon Probable Cause.
790.051 - Exemption From Licensing Requirements; Law Enforcement Officers.
790.052 - Carrying Concealed Firearms; Off-Duty Law Enforcement Officers.
790.053 - Open Carrying of Weapons.
790.06 - License to Carry Concealed Weapon or Firearm.
790.0601 - Public Records Exemption for Concealed Weapons.
790.061 - Judges and Justices; Exceptions From Licensure Provisions.
790.062 - Members and Veterans of United States Armed Forces; Exceptions From Licensure Provisions.
790.064 - Firearm Possession and Firearm Ownership Disability.
790.065 - Sale and Delivery of Firearms.
790.0655 - Purchase and Delivery of Firearms; Mandatory Waiting Period; Exceptions; Penalties.
790.07 - Persons Engaged in Criminal Offense, Having Weapons.
790.08 - Taking Possession of Weapons and Arms; Reports; Disposition; Custody.
790.09 - Manufacturing or Selling Metallic Knuckles.
790.10 - Improper Exhibition of Dangerous Weapons or Firearms.
790.145 - Crimes in Pharmacies; Possession of Weapons; Penalties.
790.15 - Discharging Firearm in Public or on Residential Property.
790.153 - Tests for Impairment or Intoxication; Right to Refuse.
790.157 - Presumption of Impairment; Testing Methods.
790.16 - Discharging Machine Guns; Penalty.
790.1612 - Authorization for Governmental Manufacture, Possession, and Use of Destructive Devices.
790.162 - Threat to Throw, Project, Place, or Discharge Any Destructive Device, Felony; Penalty.
790.165 - Planting of “Hoax Bomb” Prohibited; Penalties.
790.169 - Juvenile Offenders; Release of Names and Addresses.
790.173 - Legislative Findings and Intent.
790.174 - Safe Storage of Firearms Required.
790.175 - Transfer or Sale of Firearms; Required Warnings; Penalties.
790.18 - Sale or Transfer of Arms to Minors by Dealers.
790.221 - Possession of Short-Barreled Rifle, Short-Barreled Shotgun, or Machine Gun; Penalty.
790.222 - Bump-Fire Stocks Prohibited.
790.235 - Possession of Firearm or Ammunition by Violent Career Criminal Unlawful; Penalty.
790.24 - Report of Medical Treatment of Certain Wounds; Penalty for Failure to Report.
790.25 - Lawful Ownership, Possession, and Use of Firearms and Other Weapons.
790.256 - Public Service Announcements.
790.29 - Paramilitary Training; Teaching or Participation Prohibited.
790.33 - Field of Regulation of Firearms and Ammunition Preempted.
790.335 - Prohibition of Registration of Firearms; Electronic Records.
790.336 - Lists, Records, or Registries to Be Destroyed.
790.338 - Medical Privacy Concerning Firearms; Prohibitions; Penalties; Exceptions.