§663-9.5  Liability of firearm owners. 
(a)  The owner of a firearm, if the discharge of the firearm proximately causes
either personal injury or property damage to any person, shall be absolutely
liable for the damage.



(b)  It shall be an affirmative defense to the
absolute liability that:



(1)  The firearm was not in the possession of the
owner;



(2)  The firearm was taken from the owner's possession
without the owner's permission; and



(3)  The owner either:



(A)  Reported the theft to the police prior to
the discharge; or



(B)  Despite the exercise of reasonable care:



(i)  Had not discovered the theft prior to the
discharge; or



(ii)  Was not reasonably able to report the theft
to the police prior to the discharge.



(c)  This section shall not apply when the
discharge of the firearm was legally justified.



(d)  The absolute liability under subsection
(a) shall not apply to the State or counties for the use of a firearm owned by
the State or county, as applicable, and used by a law enforcement officer employed
by the State or county, outside of the course and scope of employment as a law
enforcement officer; provided that this section shall not be construed to
relieve the State and counties from any other tort liability that may be
applicable to the State or counties. [L 1994, c 204, §1; am L 2008, c 129, §1]