The Tennessee General Assembly has declared that the lawful design, marketing, manufacture and sale of firearms and ammunition to the public are not unreasonably dangerous activities and do not constitute a nuisance per se.1
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 state entity, county, municipality or metropolitan government 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 is reserved exclusively to the state.2
Tennessee’s immunity provisions do not prohibit a county, municipality, or metropolitan government, however, 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 county, municipality, or metropolitan government.3 Individual persons are are not precluded from bringing a cause of action for breach of a written contract, breach of an express warranty, or for injuries resulting from defects in the materials or workmanship in the manufacture of a firearm.4 These exceptions to immunity do not apply in any other litigation brought by an individual against a firearms or ammunition manufacturer, trade association or dealer.5
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- Tenn. Code Ann. § 39-17-1314(b).
- Tenn. Code Ann. § 39-17-1314(c)(1).
- Tenn. Code Ann. § 39-17-1314(c)(2).
- Tenn. Code Ann. § 39-17-1314(c)(3).
- Tenn. Code Ann. § 39-17-1314(d).