[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9298 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9298
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 HOUSE OF REPRESENTATIVES
June 11, 2026
Mr. Schmidt (for himself and Mr. Grothman) introduced the following
bill; which was 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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