F.S. 2017 WEAPONS AND FIREARMS Ch. 790
used by peace officers in the course of their official
duties;
(c) Except as provided in s. 790.251, any entity
subject to the prohibitions of this section from regulating
or prohibiting the carrying of firearms and ammunition
by an employee of the entity during and in the course of
the employee’s official duties;
(d) A court or administrative law judge from hearing
and resolving any case or controversy or issuing any
opinion or order on a matter within the jurisdiction of that
court or judge; or
(e) The Florida Fish and Wildlife Conservation
Commission from regulating the use of firearms or
ammunition as a method of taking wildlife and regulating
the shooting ranges managed by the commission.
(5) SHORT TITLE.—As created by chapter 87-23,
Laws of Florida, this section may be cited as the “Joe
Carlucci Uniform Firearms Act.”
History.—ss. 1, 2, 3, 4, ch. 87-23; s. 5, ch. 88-183; s. 1, ch. 2011-109.
790.331 Prohibition of civil actions against firearms
or ammunition manufacturers, firearms trade
associations, firearms or ammunition distributors,
or firearms or ammunition dealers.—
(1) The Legislature finds and declares that the
manufacture, distribution, or sale of firearms and
ammunition by manufacturers, distributors, or dealers
duly licensed by the appropriate federal and state
authorities is a lawful activity and is not unreasonably
dangerous, and further finds that the unlawful use of
firearms and ammunition, rather than their lawful
manufacture, distribution, or sale, is the proximate
cause of injuries arising from their unlawful use.
(2) Except as permitted by this section, a legal
action against a firearms or ammunition manufacturer,
firearms trade association, firearms or ammunition
distributor, or firearms or ammunition dealer on behalf
of the state or its agencies and instrumentalities, or on
behalf of a county, municipality, special district, or any
other political subdivision or agency of the state, for
damages, abatement, or injunctive relief resulting from
or arising out of the lawful design, marketing, distribution,
or sale of firearms or ammunition to the public is
prohibited. However, this subsection does not preclude
a natural person from bringing an action against a
firearms or ammunition manufacturer, firearms trade
association, firearms or ammunition distributor, or firearms
or ammunition dealer for breach of a written
contract, breach of an express warranty, or injuries
resulting from a defect in the materials or workmanship
in the manufacture of a firearm or ammunition.
(3) A county, municipality, special district, or other
political subdivision or agency of the state may not sue
for or recover from a firearms or ammunition manufacturer,
firearms trade association, firearms or ammunition
distributor, or firearms or ammunition dealer
damages, abatement, or injunctive relief in any case
that arises out of or results from the lawful design,
marketing, distribution, or sale of firearms or ammunition
to the public.
(4) This section does not prohibit an action against a
firearms or ammunition manufacturer, distributor, or
dealer for:
(a) Breach of contract or warranty in connection with
a firearm or ammunition purchased by a county,
municipality, special district, or other political subdivision
or agency of the state.
(b) Injuries resulting from the malfunction of a
firearm or ammunition due to a defect in design or
manufacture.
(5)(a) For the purposes of this section, the potential
of a firearm or ammunition to cause serious injury,
damage, or death as a result of normal function does not
constitute a defective condition of the product.
(b) A firearm or ammunition may not be deemed
defective on the basis of its potential to cause serious
injury, damage, or death when discharged legally or
illegally.
(6)(a) If a civil action is brought in violation of this
section, the defendant may recover all expenses
resulting from such action from the governmental entity
bringing such action.
(b) In any civil action where the court finds that the
defendant is immune as provided in this section, the
court shall award the defendant all attorney’s fees, costs
and compensation for loss of income, and expenses
incurred as a result of such action.
(7) This section applies to any action brought on or
after the effective date of this section.
History.—s. 1, ch. 2001-38.
790.333 Sport shooting and training range protection;
liability; claims, expenses, and fees; penalties;
preemption; construction.—
(1) LEGISLATIVE FINDINGS.—
(a) The Legislature finds that in excess of 400 sport
shooting and training ranges exist on public and private
lands throughout this state.
(b) These sport shooting and training ranges are
widely used and enjoyed by the residents of this state
and are a necessary component of the guarantees of
the Second Amendment to the United States Constitution
and of s. 8, Art. I of the State Constitution.
(c) Many of these ranges are used by state and
local law enforcement agencies for training, practice,
and regular mandatory qualification by law enforcement
officers; by Fish and Wildlife Conservation Commission
hunter safety instructors who teach adults and youngsters
in the safe use and handling of firearms in
preparation for obtaining hunting licenses; by school
boards, colleges, and universities for reserve officer
training corps training and activities; by school shooting
teams; by Olympic competitors; and by certified instructors
who teach the safe use and handling of
firearms in preparation for applying for licenses to
carry concealed firearms for lawful self-protection.
(d) The public policy of the State of Florida is to
encourage the safe handling and operation of firearms
and mandates appropriate training in the safe use and
handling of firearms for persons licensed to carry
concealed firearms and for persons licensed to hunt
in the state. Sport shooting and training ranges throughout
this state provide the location at which this important
public purpose is served and at which the firearms
training mandates are fulfilled.
31