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

This bill prohibits a person from bringing a qualified civil liability action 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, unless the following applies: (1) The dealer, manufacturer, or seller was involved directly in or otherwise accompanied a person in committing the crime giving rise to the action; (2) The dealer, manufacturer, or seller provided a firearm, ammunition, or a component part of a firearm or ammunition in defective condition; (3) The dealer, manufacturer, or seller misrepresented the firearm, ammunition, or a component part of a firearm or ammunition 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 a firearm, ammunition, or a component part of a firearm or ammunition's defective condition. However, if the discharge of the firearm, ammunition, or a component part of a firearm or ammunition occurred during a voluntary act constituting a criminal offense, then the voluntary act must be considered the sole proximate cause of the resulting death, physical injury, or property damage. ON MARCH 6, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1189, AS AMENDED. AMENDMENT #1 makes the following revisions to this bill: (1) Revises the definition of a "defective condition," such that the condition, among other requirements, renders the product unsafe or unreliable for normal or foreseeable handling, instead of normal or anticipatable handling; (2) Defines "negligent entrustment" as 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 likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others; (3) Removes from the definition of a "qualified civil liability action" a civil action or proceeding, or an administrative proceeding, brought by a person against a manufacturer or seller of a qualified product for certain damages, relief, abatement, restitution, fines, or penalties, resulting from the criminal or unlawful misuse of a qualified product by a third party; and (4) Revises the exceptions to the bill's prohibition against a person bringing a qualified civil liability action in a court in this state against a dealer, manufacturer, or seller of a qualified product, such that the following circumstances are now covered by this bill: (A) The dealer, manufacturer, or seller was involved directly in the crime giving rise to the action; (B) An action brought against a transferor convicted under provisions of federal law governing firearms, by a party directly harmed by the conduct of which the transferor is so convicted; (C) An action brought against a seller for negligent entrustment or negligence per se; (D) An action in which a manufacturer or licensed seller or transferor of a qualified product knowingly violated a state or federal statute applicable to the sale or marketing of the product, and the violation was the sole proximate cause of the harm for which relief is sought, including a case in which the manufacturer or licensed seller or transferor knowingly made a false entry in, or intentionally failed to make appropriate entry in, any record required to be kept under federal or state law with respect to the qualified product, or aided, abetted, or conspired with a person in making a false or fictitious oral or written statement with respect to a fact material to the lawfulness of the sale or other disposition of a qualified product; (E) An action for breach of contract or warranty in connection with the purchase of the product; or (F) An action for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act is considered the sole proximate cause of any resulting death, personal injuries, or property damage.