Chapter 140: Section 131K Firearms or large
capacity weapons without safety devices; liability
[ First paragraph effective
until July 1, 2001. For text effective July 1, 2001, see below.]
Section 131K.
Any firearm or large capacity weapon, both as defined in section 121, sold
within the commonwealth without a safety device designed to prevent the
discharge of such weapon by unauthorized users and approved by the colonel
of state police including, but not limited to, mechanical locks or devices
designed to recognize and authorize, or otherwise allow the firearm to be
discharged only by its owner or authorized user, by solenoid use-limitation
devices, key activated or combination trigger or handle locks, radio
frequency tags, automated fingerprint identification systems or voice
recognition, provided, that such device is commercially available, shall be
defective and the sale of such a weapon shall constitute a breach of
warranty under section 2-314 of chapter 106 and an unfair or deceptive trade
act or practice under section 2 of chapter 93A. Any entity responsible for
the manufacture, importation or sale as an inventory item or consumer good,
both as defined in section 9-109 of chapter 106, of such a weapon that does
not include or incorporate such a device shall be individually and jointly
liable to any person who sustains personal injury or property damage
resulting from the failure to include or incorporate such a device. If death
results from suchpersonal injury, such entities shall be liable in an amount
including, but not limited to, that provided under chapter 229. Contributory
or comparative negligence shall not be valid defenses to an action brought
under this section in conjunction with section 2 of chapter 93A or section
2-314 of chapter 106 or both; provided, however, that nothing herein shall
prohibit such liable parties from maintaining an action for indemnification
or contribution against each other or against the lawful owner or other
authorized user of said weapon. Any disclaimer, limit or waiver of the
liability provided under this section shall be void.
[ First paragraph as amended
by 2001, 26, Sec. 40 effective July 1, 2001 applicable as provided by 2001,
26, Sec. 53. For text effective until July 1, 2001, see above.]
Any firearm or
large capacity weapon, both as defined in section 121, sold within the
commonwealth without a safety device designed to prevent the discharge of
such weapon by unauthorized users and approved by the colonel of state
police including, but not limited to, mechanical locks or devices designed
to recognize and authorize, or otherwise allow the firearm to be discharged
only by its owner or authorized user, by solenoid use-limitation devices,
key activated or combination trigger or handle locks, radio frequency tags,
automated fingerprint identification systems or voice recognition, provided,
that such device is commercially available, shall be defective and the sale
of such a weapon shall constitute a breach of warranty under section 2-314
of chapter 106 and an unfair or deceptive trade act or practice under
section 2 of chapter 93A. Any entity responsible for the manufacture,
importation or sale as an inventory item or consumer good, both as defined
in section 9-102 of chapter 106, of such a weapon that does not include or
incorporate such a device shall be individually and jointly liable to any
person who sustains personal injury or property damage resulting from the
failure to include or incorporate such a device. If death results from
suchpersonal injury, such entities shall be liable in an amount including,
but not limited to, that provided under chapter 229. Contributory or
comparative negligence shall not be valid defenses to an action brought
under this section in conjunction with section 2 of chapter 93A or section
2-314 of chapter 106 or both; provided, however, that nothing herein shall
prohibit such liable parties from maintaining an action for indemnification
or contribution against each other or against the lawful owner or other
authorized user of said weapon. Any disclaimer, limit or waiver of the
liability provided under this section shall be void.
No entity
responsible for the manufacture, importation or sale of such a weapon shall
be liable to any person for injuries caused by the discharge of such weapon
that does not include or incorporate a safety device as required under this
section if such injuries were: (i) self-inflicted, either intentionally or
unintentionally, unless such injuries were self-inflicted by a person less
than 18 years of age; (ii) inflicted by the lawful owner or other authorized
user of said weapon; (iii) inflicted by any person in the lawful exercise of
self-defense; or (iv) inflicted upon a co-conspirator in the commission of a
crime.
This section shall
not apply to any weapon distributed to an officer of any law enforcement
agency or any member of the armed forces of the United States or the
organized militia of the commonwealth; provided, however, that such person
is authorized to acquire, possess or carry such a weapon for the lawful
performance of his official duties; and provided further, that any such
weapon so distributed is distributed solely for use in connection with such
duties. This section shall not apply to any firearm manufactured in or prior
to the year 1899, or to any replica of such a firearm if such replica is not
designed or redesigned for using rimfire or conventional centerfire fixed
ammunition.
