BILL NUMBER: SB 682	CHAPTERED  09/26/02

	CHAPTER  913
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2002
	PASSED THE SENATE  AUGUST 30, 2002
	PASSED THE ASSEMBLY  AUGUST 22, 2002
	AMENDED IN ASSEMBLY  MAY 6, 2002
	AMENDED IN ASSEMBLY  AUGUST 27, 2001
	AMENDED IN ASSEMBLY  AUGUST 21, 2001

INTRODUCED BY   Senator Perata
   (Principal coauthors:  Assembly Members Koretz, Shelley, and
Steinberg)
   (Coauthor:  Senator Scott)

                        FEBRUARY 23, 2001

   An act to  amend Section 1714 of, and to repeal Section 1714.4 of,
the Civil Code, relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 682, Perata.  Firearms.
   Existing law provides that everyone is responsible for the result
of willful acts and for injury to another occasioned by his or her
want of ordinary care or skill in the management of his or her person
or property, as specified.
   This bill would additionally specify that the design,
distribution, or marketing of firearms and ammunition is not exempt
from the provisions described above.  The bill would also make
technical changes.
   Existing law provides that a firearm or ammunition may not be
deemed defective in design for purposes of a products liability
action, on the basis that the benefits of the product do not outweigh
the risk of injury posed by the potential to cause serious injury,
damage, or death when discharged, as specified.
   This bill would delete those provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1714 of the Civil Code is amended to read:
   1714.  (a) Every one is responsible, not only for the result of
his or her willful acts, but also for an injury occasioned to another
by his or her want of ordinary care or skill in the management of
his or her property or person, except so far as the latter has,
willfully or by want of ordinary care, brought the injury upon
himself or herself.  The design, distribution, or marketing of
firearms and ammunition is not exempt from the duty to use ordinary
care and skill that is required by this section.  The extent of
liability in these cases is defined by the Title on Compensatory
Relief.
   (b) It is the intent of the Legislature to abrogate the holdings
in cases such as Vesely v. Sager (5 Cal.3d 153), Bernhard v. Harrah's
Club (16 Cal.3d 313), and Coulter v. Superior Court (21 Cal.3d 144)
and to reinstate the prior judicial interpretation of this section as
it relates to proximate cause for injuries incurred as a result of
furnishing alcoholic beverages to an intoxicated person, namely that
the furnishing of alcoholic beverages is not the proximate cause of
injuries resulting from intoxication, but rather the consumption of
alcoholic beverages is the proximate cause of injuries inflicted upon
another by an intoxicated person.
   (c) No social host who furnishes alcoholic beverages to any person
shall be held legally accountable for damages suffered by  that
person, or for injury to the person or property of, or death of, any
third person, resulting from the consumption of  those beverages.
  SEC. 2.  Section 1714.4 of the Civil Code is repealed.