Session of 1999
HOUSE BILL No. 2540
By Committee on Federal and State Affairs
9 AN ACT concerning firearms, ammunition and firearms dealers; relating
10 to the limitation on certain civil actions relating thereto.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. (a) The legislature finds that the lawful design, marketing,
14 manufacture or sale of firearms or ammunition to the public is not an
15 unreasonably dangerous activity and does not constitute a nuisance per
17 (b) To the extent the constitution of this state and the United States
18 protects citizens' rights to keep and bear arms, the legislature finds and
19 declares that it is within the strict prerogative of its own authority, and
20 not the authority of any county or municipality, to determine whether
21 any manufacturer, dealer or seller of firearms has engaged in any act or
22 omission that would create a cognizable action for damages, injunction
23 or otherwise.
24 Sec. 2. (a) The authority to bring suit and right to recover against
25 any firearms or ammunition manufacturer, trade association or dealer, by
26 or on behalf of the state or any political subdivision of the state for dam-
27 ages, abatement or injunctive relief resulting from or relating to the lawful
28 design, manufacture, marketing or sale of firearms or ammunition to the
29 public shall be reserved exclusively to the state. This subsection shall not
30 prohibit a political subdivision from bringing an action against a firearms
31 or ammunition manufacturer or dealer for breach of contract or warranty
32 as to firearms or ammunition purchased by such political subdivision.
33 (b) The provisions of this act shall apply to any action pending on or
34 brought on or after the effective date of this act.
35 Sec. 3. This act shall take effect and be in force from and after its
36 publication in the statute book.