South Carolina § 15-73-40 - Actions involving firearms or ammunition; basis for determining design defect; elements to be proved by plaintiff.

Full text of South Carolina South Carolina Code of Laws § 15-73-40 — Actions involving firearms or ammunition; basis for determining design defect; elements to be proved by plaintiff., with citation guidance and answers to common questions.

§ 15-73-40. Actions involving firearms or ammunition; basis for determining design defect; elements to be proved by plaintiff.

(A) In a products liability action involving firearms or ammunition, whether a firearm or ammunition shell is defective in design must not be based on a comparison or weighing of the benefits of the product against the risk of injury, damage, or death posed by its potential to cause that injury, damage, or death when discharged.

(B) In a products liability action brought against a firearm or ammunition manufacturer, importer, distributor, or retailer that alleges a design defect, the burden is on the plaintiff to prove, in addition to any other elements required to be proved that:

(1) the actual design of the firearm or ammunition was defective, causing it not to function in a manner reasonably expected by an ordinary consumer of firearms or ammunition; and

(2) any defective design was the proximate cause of the injury, damage, or death.

HISTORY: 2000 Act No. 345, SECTION 1.


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Source: official South Carolina text · Last verified 2026-08-27

Frequently Asked Questions About South Carolina § 15-73-40

What does South Carolina Code of Laws § 15-73-40 cover?

Section 15-73-40 ("Actions involving firearms or ammunition; basis for determining design defect; elements to be proved by plaintiff.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Carolina § 15-73-40?

A common citation format is "South Carolina Code of Laws § 15-73-40" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Carolina law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.

How does South Carolina § 15-73-40 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.