21.750. Firearms legislation preemption by general assembly, exceptions--limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.

MISSOURI STATUTES AND CODES

21.750. Firearms legislation preemption by general assembly, exceptions--limitation on civil recovery against firearms or ammunitions manufacturers, when, exception.

Firearms legislation preemption by general assembly,exceptions--limitation on civil recovery against firearms orammunitions manufacturers, when, exception.

21.750. 1. The general assembly hereby occupies and preempts theentire field of legislation touching in any way firearms, components,ammunition and supplies to the complete exclusion of any order, ordinanceor regulation by any political subdivision of this state. Any existing orfuture orders, ordinances or regulations in this field are hereby and shallbe null and void except as provided in subsection 3 of this section.

2. No county, city, town, village, municipality, or other politicalsubdivision of this state shall adopt any order, ordinance or regulationconcerning in any way the sale, purchase, purchase delay, transfer,ownership, use, keeping, possession, bearing, transportation, licensing,permit, registration, taxation other than sales and compensating use taxesor other controls on firearms, components, ammunition, and supplies exceptas provided in subsection 3 of this section.

3. Nothing contained in this section shall prohibit any ordinance ofany political subdivision which conforms exactly with any of the provisionsof sections 571.010 to 571.070, RSMo, with appropriate penalty provisions,or which regulates the open carrying of firearms readily capable of lethaluse or the discharge of firearms within a jurisdiction, provided suchordinance complies with the provisions of section 252.243, RSMo.

4. The lawful design, marketing, manufacture, distribution, or saleof firearms or ammunition to the public is not an abnormally dangerousactivity and does not constitute a public or private nuisance.

5. No county, city, town, village or any other political subdivisionnor the state shall bring suit or have any right to recover against anyfirearms or ammunition manufacturer, trade association or dealer fordamages, abatement or injunctive relief resulting from or relating to thelawful design, manufacture, marketing, distribution, or sale of firearms orammunition to the public. This subsection shall apply to any suit pendingas of October 12, 2003, as well as any suit which may be brought in thefuture. Provided, however, that nothing in this section shall restrict therights of individual citizens to recover for injury or death caused by thenegligent or defective design or manufacture of firearms or ammunition.

6. Nothing in this section shall prevent the state, a county, city,town, village or any other political subdivision from bringing an actionagainst a firearms or ammunition manufacturer or dealer for breach ofcontract or warranty as to firearms or ammunition purchased by the state orsuch political subdivision.