Stopping Harmful and Outrageous Torts Act

[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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