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Model Legislation

Public Safety and Elections

Consistency in Firearms Regulation Act
Summary

Did you know the
NRA--the National
Rifle Association-was the corporate cochair in 2011?

This Act would prohibit local jurisdictions from independently enacting restrictions on
the possession of firearms. This Act would also preempt the right of local jurisdictions to
bring certain civil actions against firearms or ammunition manufacturers, trade
associations, and dealers.

Model Legislation
{Title, enacting clause, etc.}
Section 1. {Title.} This Act may be cited as the Consistency in Firearms Regulation
Act.

Section 2. {Declaration} The (insert state body) declares that the lawful design,

marketing, manufacture, or sale of firearms or ammunition to the public is not
unreasonably dangerous activity and does not constitute a nuisance per se, and further
finds that the unlawful use of firearms and ammunition, rather than their lawful design,
marketing, manufacture, or sale, is the proximate cause of injuries arising from their
unlawful use.

Section 3. {State preemption of local firearms laws.} Any political

subdivision shall not impose special taxation on, enact any law, ordinance or regulation
pertaining to, or regulate in any other manner the ownership, registration, purchase,
sale, transfer, transportation, carrying, or possession of handguns or other firearms,
ammunition for handguns or other firearms, or components of handguns or other
firearms, except as otherwise provided in state or federal law.

Section 4. {State preemption of local suits pertaining to firearms or
ammunition} The authority to bring suit and right to recover against any firearms or

ammunition manufacturer, trade association, or dealer by or on behalf of any
governmental unit created by or pursuant to an Act of the (insert name of state
legislature) or the constitution, or any department, agency, or authority thereof, for
damages, abatement, or injunctive relief resulting from or relating to the lawful design,
manufacture, marketing, or sale of firearms or ammunition to the public shall be
reserved exclusively to the state. Furthermore, no action against any firearms or
ammunition manufacturer, trade association, or dealer shall be brought without the
authorization of the (insert name of legislature) by adoption of a concurrent resolution or
by enactment of a law. This paragraph shall not prohibit a political subdivision or local
government authority from bringing an action against a firearms or ammunition
manufacturer or dealer for breach of contract or warranty as to firearms or ammunition
purchased by the political subdivision or local government authority. This paragraph
shall not prohibit actions for injuries resulting from a firearm malfunction due to defects
in design or manufacture.

Section 5. {Applicability} This Act shall apply to any action pending on or brought
on or after the date this Act becomes effective.

Section 6. {Severability clause.}
Section 7. {Repealer clause.}
Section 8. {Effective date.}
ALEC's Sourcebook of American State Legislation 1995; adopted by ALEC's Criminal
Justice Task Force in March, 1999. Approved by full ALEC Board of Directors April 29,
1999.

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and now www.ALECexposed.org. For more information contact: editor@prwatch.org or 608-260-9713.

This bill would prohibit local city or county governments from enacting
Center for Media
firearm regulations
designed
to protect
public safety. This demonstrates
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