(1)  A manufacturer or seller of a qualified product, or trade association, is not subject to a qualified civil liability action regarding the unlawful misuse of a qualified product unless an injury or death results from an act or omission of the manufacturer, seller, or trade association that constitutes gross negligence, recklessness, or intentional misconduct.

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Terms Used In Utah Code 53-5d-103

  • Manufacturer: means , with respect to a qualified product, a person who is engaged in the business of manufacturing a qualified product and who is licensed to engage in business as a manufacturer under 18 U. See Utah Code 53-5d-102
  • Qualified civil liability action: means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party. See Utah Code 53-5d-102
  • Qualified product: means a firearm or antique firearm, as defined in Section 76-10-501, ammunition, or a component part of a firearm or ammunition. See Utah Code 53-5d-102
  • Seller: means , with respect to a qualified product, a federal firearms licensee, as defined in Section 76-10-501. See Utah Code 53-5d-102
  • Trade association: means :
(a) any corporation, unincorporated association, federation, business league, or professional or business organization not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual;
(b) an organization described in 26 U. See Utah Code 53-5d-102
  • Unlawful misuse: means conduct that violates a statute, ordinance, or regulation as it relates to the use of a qualified product. See Utah Code 53-5d-102
    • (2)  A civil liability action against a manufacturer, seller, or trade association that does not allege any of the provisions of Subsection 53-5d-102(5)(b) shall be dismissed.

    Enacted by Chapter 155, 2016 General Session

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