Idaho State Statutes - Idaho Attorney Directory

5-247 - LIMITATION ON SUITS AGAINST A FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION OR SELLER -- LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES

LIMITATION ON SUITS AGAINST A FIREARMS OR AMMUNITION MANUFACTURER,
TRADE ASSOCIATION OR SELLER -- LIMITATION ON RIGHT TO BRING SUIT OR RECOVER
DAMAGES. (1) In this section, "governmental unit" means:
(a) A political subdivision of the state, including a municipality or
county; and
(b) Any other agency of government whose authority is derived from the
laws or constitution of this state.
(2) Except as provided by subsection (3) of this section, a governmental
unit may not bring suit against a firearms or ammunition manufacturer, trade
association or seller for recovery of damages resulting from, or injunctive
relief or abatement of a nuisance relating to, the lawful design, manufacture,
marketing or sale of firearms or ammunition to the public.
(3) A governmental unit on behalf of the state or any other governmental
unit may bring a suit described by subsection (2) of this section if the suit
is approved in advance by the legislature by adoption of a concurrent
resolution or by enactment of a statute. This subsection does not create a
cause of action.
(4) Nothing in this section shall prohibit a governmental unit from
bringing an action against a firearms manufacturer, trade association or
seller for recovery of damages for:
(a) Breach of contract or warranty as to firearms or ammunition purchased
by a governmental unit;
(b) Damage or harm to property owned or leased by the governmental unit
caused by a defective firearm or ammunition; or
(c) Injunctive relief to enforce a valid ordinance, statute or rule.
(5) Nothing in this section shall prohibit the attorney general from
bringing a suit described by subsection (2) of this section on behalf of the
state or any other governmental unit. This subsection does not create a cause
of action.

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