S. 4775

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4775 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4775

To amend the Protection of Lawful Commerce in Arms Act to clarify 
liability protections for firearms and associated manufacturers and 
retailers, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 11, 2026

Mr. Cornyn (for himself, Mrs. Blackburn, Mr. Budd, Mrs. Capito, Mr. 
Cassidy, Mr. Cotton, Mr. Crapo, Mr. Curtis, Mr. Daines, Mr. Grassley, 
Mr. Justice, Ms. Lummis, Mr. Risch, Mr. Sheehy, Mr. Ricketts, and Mr. 
Graham) introduced the following bill; which was read twice and 
referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To amend the Protection of Lawful Commerce in Arms Act to clarify 
liability protections for firearms and associated manufacturers and 
retailers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Stopping Harmful and Outrageous 
Torts Act''.

SEC. 2. CLARIFYING THE BROAD SCOPE OF IMMUNITY AGAINST QUALIFIED CIVIL 
ACTIONS.

Section 3 of the Protection of Lawful Commerce in Arms Act (15 
U.S.C. 7902) is amended by striking subsection (b) and inserting the 
following:
``(b) Dismissal of Pending Actions.--A qualified civil liability 
action, including any claims asserted therein, that is pending on the 
date of enactment of the Stopping Harmful and Outrageous Torts Act, 
shall be immediately dismissed by the court in which the action was 
brought or is currently pending.''.

SEC. 3. UPDATING DEFINITIONS TO HALT THE SPREAD OF FRIVOLOUS LAWSUITS.

Section 4 of the Protection of Lawful Commerce in Arms Act (15 
U.S.C. 7903) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Engaged in the business.--The term `engaged in the 
business' means devoting time, attention, and labor to the 
sale, manufacture, or importation of a qualified product as a 
regular course of trade or business.'';
(2) in paragraph (2), by striking ``commerce'' and all that 
follows through the period at the end and inserting ``commerce, 
including any owner and employee of such person'';
(3) by redesignating paragraphs (4) through (9) as 
paragraphs (5) through (10), respectively;
(4) by inserting after paragraph (3) the following:
``(4) Proximate cause.--The term `proximate cause' means 
that the plaintiff was directly injured by the allegedly 
unlawful conduct of the defendant.'';
(5) by striking paragraph (5), as so redesignated, and 
inserting the following:
``(5) Qualified product.--The term `qualified product' 
means a firearm (as defined in subparagraph (A), (B), or (C) of 
section 921(a)(3) of title 18, United States Code), including 
any antique firearm (as defined in section 921(a)(16) of such 
title), ammunition (as defined in section 921(a)(17)(A) of such 
title), or a component part of, or an accessory intended for 
use with, a firearm or ammunition, including ammunition 
magazines or clips, optical devices, or other products intended 
to be included in, attached to, or used while attached to, or 
in conjunction with, a firearm or ammunition, that has been 
shipped or transported in interstate or foreign commerce.'';
(6) by striking paragraph (6), as so redesignated, and 
inserting the following:
``(6) Qualified civil liability action.--
``(A) In general.--The term `qualified civil 
liability action' means a civil action, proceeding, or 
administrative proceeding, or any claim asserted 
therein, brought by any person against a manufacturer 
or seller of a qualified product, or a trade 
association, for damages, punitive damages, injunctive 
or declaratory relief, abatement, restitution, fines, 
or penalties, or other relief, resulting from, on the 
basis of, arising out of, or in relation to the 
criminal or unlawful misuse, alteration, or 
modification of a qualified product by the person or a 
third party, under any theory of liability, including 
statutory claims or claims arising from tort or 
contract, but shall not include--
``(i) a claim brought against a transferor 
convicted under section 924(h) of title 18, 
United States Code, or a comparable or 
identical State felony law, by a party directly 
harmed by the conduct of which the transferee 
is so convicted;
``(ii) a claim brought against a seller for 
negligent entrustment or negligence per se;
``(iii) a claim--
``(I) in which a manufacturer or 
seller of a qualified product knowingly 
violated chapter 44 of title 18, United 
States Code, chapter 53 of the Internal 
Revenue Code of 1986, the Arms Export 
Control Act (22 U.S.C. 2751 et seq.), 
or the Export Control Reform Act of 
2018 (50 U.S.C. 4801 et seq.), or an 
equivalent State statute, that is 
intended to and exclusively imposes 
specific and concrete obligations on 
manufacturers and sellers regarding the 
manner in which qualified products are 
manufactured, distributed, or 
transferred to unlicensed persons;
``(II) in which the violation was a 
proximate cause of the harm for which 
relief is sought; and
``(III) that is not premised on 
nuisance or negligence, whether based 
in statute or common law;
``(iv) a claim for breach of contract or 
warranty in connection with the purchase of the 
product;
``(v) a claim for death, physical injuries 
or property damage resulting directly from a 
defect in design or manufacture of the product, 
when being lawfully used as intended or in a 
reasonably foreseeable manner, except that 
where the discharge of the product was caused 
by a volitional act which meets the elements of 
a criminal offense, then such act shall be 
considered the sole proximate cause of any 
resulting death, personal injuries or property 
damage; or
``(vi) a claim or proceeding commenced by 
the Attorney General to enforce the provisions 
of chapter 44 of title 18, United States Code, 
or chapter 53 of the Internal Revenue Code of 
1986.
``(B) Negligent entrustment.--As used in 
subparagraph (A)(ii), the term `negligent 
entrustment'--
``(i) means the supplying of a qualified 
product by a seller for use by another person 
when the seller knows, or reasonably should 
know, the person to whom the product is 
supplied is themself likely to, and does, use 
the product in a manner involving unreasonable 
risk of physical injury to the person or 
others; and
``(ii) does not include instances in which 
the harm was caused by a person who was not 
entrusted with the qualified product directly 
by the seller.
``(C) Rule of construction.--The exceptions 
enumerated under clauses (i) through (v) of 
subparagraph (A) shall be construed so as not to be in 
conflict, and no provision of this Act shall be 
construed to create a public or private cause of 
action, claim, or remedy.
``(D) Minor child exception.--Nothing in this Act 
shall be construed to limit the right of a person under 
17 years of age to recover damages authorized under 
Federal or State law in a civil action that meets one 
of the requirements under clauses (i) through (v) of 
subparagraph (A).
``(E) Foreign state and governments.--
``(i) Definition.--The term `foreign state 
or government' includes any entity, agency, or 
instrumentality of a foreign state or 
government.
``(ii) Prohibition.--No foreign state or 
government may bring a civil action, 
proceeding, or administrative proceeding, or 
any claim asserted therein against a 
manufacturer or seller of a qualified product, 
or a trade association, for damages, punitive 
damages, injunctive or declaratory relief, 
abatement, restitution, fines, or penalties, or 
other relief, resulting from, on the basis of, 
arising out of, or in relation to the criminal 
or unlawful misuse, alteration, or modification 
of a qualified product by the person or a third 
party, under any theory of liability, including 
statutory claims or claims arising from tort or 
contract, in any Federal or State court. The 
exceptions to immunity provided under clauses 
(i) through (v) of subparagraph (A) shall not 
apply to any claim brought by a foreign state 
or government and may not be asserted by any 
foreign state or government in any Federal or 
State court.''.
(7) by striking paragraph (7), as so redesignated, and 
inserting the following:
``(7) Seller.--The term `seller', with respect to a 
qualified product--
``(A) means--
``(i) an importer (as defined in section 
921(a)(9) of title 18, United States Code) who 
is engaged in the business as such an importer 
in interstate or foreign commerce and who is 
licensed to engage in business as such an 
importer under chapter 44 of that title;
``(ii) a dealer (as defined in section 
921(a)(11) of title 18, United States Code) who 
is engaged in the business as such a dealer in 
interstate or foreign commerce and who is 
licensed to engage in business as such a dealer 
under chapter 44 of that title;
``(iii) a person engaged in the business of 
selling ammunition (as defined in section 
921(a)(17)(A) of title 18, United States Code); 
or
``(iv) a person engaged in the business of 
selling any other qualified product in 
interstate or foreign commerce at the wholesale 
or retail level, including import and export;
``(B) includes any owner or employee of the seller; 
and
``(C) does not include any manufacturer.''.

SEC. 4. PROCEDURE FOR REMOVAL AND DISMISSAL.

The Protection of Lawful Commerce in Arms Act (15 U.S.C. 7901 et 
seq.) is amended by inserting after section 3 (15 U.S.C. 7902) the 
following:

``SEC. 3A. PROCEDURE.

``(a) Removal and Dismissal.--
``(1) In general.--In any action before a State court in 
which a defendant that is a manufacturer, seller, or trade 
association asserts that the action is a qualified civil 
liability action, the manufacturer, seller, or trade 
association may remove the action to the district court of the 
United States for the district and division embracing the place 
where such action is pending.
``(2) Jurisdiction.--
``(A) In general.--The district court shall have 
jurisdiction over an action described in paragraph (1) 
if the defendant seeking removal makes a colorable 
assertion that at least 1 of the claims is a qualified 
civil liability action.
``(B) Supplemental jurisdiction.--The district 
court may exercise supplemental jurisdiction over all 
other claims in the action that arise out of the same 
common nucleus of operative facts.
``(3) Motion to dismiss.--Upon determination by the 
district court that removal is proper, the defendant shall have 
30 days to file a motion to dismiss.
``(4) Discretion.--The district court has the discretion to 
retain jurisdiction to resolve any remaining claims in the case 
even upon the dismissal of claims barred by the immunity 
granted by this Act if doing so comports with judicial economy, 
convenience, fairness to the parties, and comity.
``(5) Review.--An order remanding a case to the State court 
from which it was removed pursuant to this section shall be 
immediately reviewable on appeal.
``(b) Pleading.--
``(1) In general.--A claim brought against a manufacturer 
or seller of a qualified product, or a trade association, 
premised on any of the exceptions listed in clauses (i) through 
(vi) of section 3(6)(A) shall plead with particularity the 
factual allegations providing the basis for the application of 
the exception, including those facts necessary to establish 
scienter and proximate cause.
``(2) Exceptions.--A claim brought against a manufacturer 
or seller of a qualified product, or a trade association, 
premised on an exception to the immunity granted in this Act 
shall allege particularized facts showing that the manufacturer 
or seller of a qualified product, or trade association, was the 
proximate cause of the damages alleged. The court shall 
determine whether the particularized facts alleged by the 
plaintiff suffice to establish proximate cause as a matter of 
law.
``(c) Interlocutory Appeals as of Right.--A defendant shall have 
the right to take an immediate interlocutory appeal of an order, 
denying a motion to dismiss based on any provision of this Act.
``(d) Attorney's Fees for Prevailing Defendants.--A defendant who 
prevails in asserting the immunity granted in this Act shall be 
entitled to reasonable attorney's fees and court costs.''.

SEC. 5. PREEMPTION.

The Protection of Lawful Commerce in Arms Act (15 U.S.C. 7901 et 
seq.), as amended by section 4 of this Act, is amended by adding at the 
end the following:

``SEC. 3B. PREEMPTION.

``The provisions of this Act expressly preempt any State and local 
laws (including regulations) that specifically impose liability on 
qualified product manufacturers, sellers, and trade associations, or 
that attempt to do so in a generally applicable manner insofar as the 
State or local law (including regulations) allows for civil actions, 
civil proceedings, and administrative proceedings for damages, punitive 
damages, injunctive or declaratory relief, abatement, restitution, 
fines, penalties, or other relief resulting from the criminal misuse, 
alteration, or modification of a qualified product under any theory of 
liability, including any statutory claim arising from tort or 
contract.''.
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