45-8-375. Predicate exception limitation.
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45-8-375 . Predicate exception limitation.
(1)The predicate exception under the Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901, et seq., may not be interpreted broadly. A claim may only proceed if the specific statute cited as being violated:
(a)explicitly regulates firearms or ammunition; and
(b)provides clear, concrete requirements that the manufacturer or seller failed to meet, which directly caused the harm in question.
(2)General state consumer protection laws or public nuisance laws may not be considered as statutes applicable to the sale or marketing of firearms or ammunition for the purposes of the predicate exception.
(3)A broad interpretation of the predicate exception, which could effectively replace the law by allowing general statutes to circumvent the Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901, et seq., must be explicitly rejected.