SB0645113th GA (Historical)Introduced

Amends TCA Title 8, Chapter 6; Title 29; Title 39 and Title 47.

This bill prohibits a person from bringing certain civil liability actions in a court in this state against a dealer, manufacturer, or seller of a firearm, ammunition, or a component part of a firearm or ammunition ("product"), unless: (1) The dealer, manufacturer incorporated or headquartered in this state, or seller was involved directly in or otherwise accompanied a person in committing the crime giving rise to the action; (2) The dealer, manufacturer incorporated or headquartered in this state, or seller provided a qualified product in defective condition. Under this bill, "defective condition" means a condition of a product that renders it unsafe or unreliable for normal or anticipatable handling, and that is the result of the dealer, manufacturer, or seller's negligent deviation from the product's design or quality; (3) The dealer, manufacturer incorporated or headquartered in this state, or seller misrepresented the product in a manner that could result in a reasonable person harming another person without intent to cause the harm; a person harms another person as a result of the misrepresentation and without the intent to cause the harm; and the misrepresentation is documented; or (4) The action is one for death, physical injury, or property damage resulting directly from the product's defective condition; however, if the discharge of the product occurred during a voluntary act constituting a criminal offense, the voluntary act must be considered the sole proximate cause of the resulting death, physical injury, or property damage. If this bill conflicts with the federal Protection of Lawful Commerce in Arms Act or another federal law, then the federal law controls.

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Overview

This bill prohibits a person from bringing certain civil liability actions in a court in this state against a dealer, manufacturer, or seller of a firearm, ammunition, or a component part of a firearm or ammunition ("product"), unless: (1) The dealer, manufacturer incorporated or headquartered in this state, or seller was involved directly in or otherwise accompanied a person in committing the crime giving rise to the action; (2) The dealer, manufacturer incorporated or headquartered in this state, or seller provided a qualified product in defective condition. Under this bill, "defective condition" means a condition of a product that renders it unsafe or unreliable for normal or anticipatable handling, and that is the result of the dealer, manufacturer, or seller's negligent deviation from the product's design or quality; (3) The dealer, manufacturer incorporated or headquartered in this state, or seller misrepresented the product in a manner that could result in a reasonable person harming another person without intent to cause the harm; a person harms another person as a result of the misrepresentation and without the intent to cause the harm; and the misrepresentation is documented; or (4) The action is one for death, physical injury, or property damage resulting directly from the product's defective condition; however, if the discharge of the product occurred during a voluntary act constituting a criminal offense, the voluntary act must be considered the sole proximate cause of the resulting death, physical injury, or property damage. If this bill conflicts with the federal Protection of Lawful Commerce in Arms Act or another federal law, then the federal law controls.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 26, 2023

Subjects
403117850800

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