Consistency in Firearms Regulation Act Exposed

The Consistency in Firearms Regulation Act was adopted by ALEC's Criminal Justice Task Force in March, 1999, approved by the ALEC board of Directors on April 29, 1999 and included in the 1995 Sourcebook of American State legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

CMD's Bill Summary

This bill would prohibit local city or county governments from enacting firearm regulations designed to protect public safety. This demonstrates how ALEC's rhetoric about federalism and the importance of local democracy is adhered to when convenient and dispensed when not, applying it to state-federal relations, but ignoring it for local-state relations.

ALEC Bill Text

Summary

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.