Posted on Tuesday, January 3rd, 2012
(This section was last updated August 17, 2010.)
The Alabama Attorney General, by and with the consent of the Governor, has the exclusive authority to bring or settle any lawsuit resulting from or relating to the design, manufacture, marketing, or lawful sale of firearms or ammunition, or both, if the lawsuit is one:
- In which the state has an exclusive interest or right to recover against any firearm or ammunition manufacturer, trade association, or dealer; or
- On behalf of any governmental unit created by or pursuant to an act of the Legislature or the Constitution of Alabama of 1901, or any department, agency, or authority thereof.1
A county or municipal corporation may, however, bring 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 governmental authority.
Alabama also immunizes sport shooting range owners and users from certain kinds of lawsuits. Alabama law states that any person, firm, or entity who operates or uses a sport shooting range shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution or lead or lead pollution resulting from the operation or use of the range.2 Furthermore, any person, firm, or entity that operates or uses a sport shooting range is not subject to an action for nuisance and is not subject to injunction to stop the use or operation of the shooting range on the basis of noise or noise pollution or lead or lead pollution.3
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center’s Legal Action Project and the Coalition to Stop Gun Violence’s Gun Industry Immunity page.
See our Immunity Statutes / Manufacturer Litigation policy summary for further information.
- Ala. Code § 11-80-11(c). [↩]
- Ala. Code § 6-5-341(b)(2). [↩]
- Ala. Code § 6-5-341(b)(3). For these immunity provisions to apply, the range must be operated between the hours of 9:00 a.m. and 9:00 p.m., and either must have been in existence prior to 1990 or was in compliance with any noise or lead control laws or ordinances that applied to the sport shooting range and its operation on August 1, 2001, or at the time the sport shooting range came into existence, whichever event occurred first. Ala. Code § 6-5-341(b)(2), (3). [↩]