[ § 134-103] Violations; who may sue; relief.

363 words·~2 min read·/hi/chapter-134/134-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An act or omission by a firearm industry member in violation of this part shall constitute an actionable cause of action.

(b)A person who has suffered harm in the State because of a firearm industry member's violation of this part may bring an action in a court of competent jurisdiction.

(c)In addition to any lawsuit filed against a firearm owner pursuant to section 663-9.5, the attorney general or any county attorney or public prosecutor may bring a civil action in a court of competent jurisdiction in the name of the people of the State to enforce this part and remedy harm caused by a violation of this part.

(d)If a court determines that a firearm industry member engaged in conduct in violation of this part, the court may award any or all of the following:

(1)Injunctive relief sufficient to prevent the firearm industry member and any other defendant from further violating the law;

(2)Damages;

(3)Attorney's fees and costs; and

(4)Any other appropriate relief necessary to enforce this part and remedy the harm caused by the conduct.

(e)In an action alleging that a firearm industry member failed to establish, implement, and enforce reasonable controls in violation of section 134-102(b), there shall be a rebuttable presumption that the firearm industry member failed to implement reasonable controls if the following conditions are satisfied:

(1)The firearm industry member's action or failure to act created a reasonably foreseeable risk that the harm alleged by the claimant would occur; and

(2)The firearm industry member could have established, implemented, and enforced reasonable controls to prevent or substantially mitigate the risk that the harm would occur.

(f)If a rebuttable presumption is established pursuant to subsection (e), the firearm industry member shall have the burden of showing through a preponderance of the evidence that the firearm industry member established, implemented, and enforced reasonable controls.

(g)An intervening act by a third party, including but not limited to criminal use of a firearm-related product, shall not preclude a firearm industry member from liability under this part. [L 2023, c 28, pt of §1]