Remedies and Special Proceedings

Plain English Breakdown

The bill does not address potential conflicts with federal laws regarding weapons regulation.

Changes to Laws About Weapons in Tennessee

This law changes how lawsuits can be filed against dealers, manufacturers, and sellers of weapons like guns, ammunition, and accessories in Tennessee.

What This Bill Does

• Clarifies that loaded firearm ammunition is a qualified product under the law.
• Requires dealers to be licensed by both state and federal laws for limits on lawsuits against them to apply.
• Removes unreliability as a basis for determining if a weapon or accessory is defective.
• Expands the definition of 'qualified products' to include items such as knives, body armor, pepper spray, silencers, and other defensive weapons.
• Adds clear and convincing evidence standards for proving negligent entrustment cases involving criminal misuse of products.

Who It Names or Affects

• Dealers, manufacturers, and sellers of weapons in Tennessee
• People who might want to sue dealers, manufacturers, or sellers over the misuse of weapons

Terms To Know

Qualified civil liability action

A lawsuit against a dealer, manufacturer, or seller for damages related to the criminal misuse of weapons.

Negligent entrustment

Supplying a weapon to someone who is likely to use it in a criminal manner.

Limits and Unknowns

• The law does not specify how these changes will affect existing lawsuits or judgments.
• It's unclear how courts will interpret and apply the new definitions and standards.

Official Summary Text

Present law generally prohibits a person from bringing a lawsuit against a dealer, manufacturer, or seller of firearms, ammunition, or a component of a firearm or ammunition (collectively referred to as a "qualified product"
) for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by a person, except under six circumstances that are listed

in present law. Present law refers to such a lawsuit as a "qualified civil liability action".

This bill makes the following definitional changes concerning qualified civil liability actions:

(1) Clarifies that loaded firearm ammunition is a qualifi
ed product. Present law defines ammunition to mean an ammunition or cartridge case, primer, bullet, or propellant powder designed for use in a firearm;

(2) Specifies that a person must be licensed to engage in business as a dealer under state and federa
l law, in order for the limits on qualified civil liability actions to apply to the dealer. Present law refers only to being licensed under federal law;

(3) Removes unreliability as a basis for determining that a qualified product is defective;

(4) Re
moves the element of an ammunition seller's principal objective being livelihood and profit for purposes of determining whether the seller is engaged in the business of selling a qualified product at wholesale or retail in Tennessee. Such determination w
i
ll be based on whether the person devotes time, attention, and labor to the sale of ammunition as a regular course of trade or business through the sale or distribution of ammunition;

(5) Specifies that firearms, as defined by state and federal law, are
qualified products. Present law includes only firearms as defined under state law;

(6) Expands the definition of manufacturer to include a person who is engaged in the business of manufacturing a qualified product and (i) incorporated, formed, or regist
ered in Tennessee or (ii) headquartered or maintaining a place of business in Tennessee. Present law limits the definition of manufacturer to persons who manufacture a qualified product for intrastate commerce, are licensed under federal law, and are eit
h
er incorporated or headquartered in Tennessee;

(7) Redefines negligent entrustment to mean the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know by clear and convincing evidence that t
he person to whom the product is supplied intends to, and does, use the product in a criminal manner involving physical injury to others. Present law does not include the clear and convincing standard and applies to uses involving unreasonable risk of ph
y
sical injury;

(8) Adds that a qualified civil liability action includes arbitration and actions resulting from a theory of liability construing the manufacture, marketing, or sale of qualified products as tortious or the breach of a legal duty;

(9) Spe
cifies that a firearm or ammunition part or component, rather than a component part of a firearm or ammunition, is a qualified product;

(10) Adds body armor, various firearms accessories, and various weapons that are not firearms to the definition of "qu
alified product"; and

(11) Redefines seller to mean a person distributing, selling, or transferring a qualified product in this state, instead of a person engaged in the business of selling a qualified product at wholesale or retail in this state.

This
bill makes the following changes to the procedural requirements for qualified civil liability actions:

(1) Specifies that the requirements for bringing a qualified civil liability action in Tennessee apply to all venues, such as arbitrators and adminis
trative agencies. Present law only specifies that such requirements apply to actions filed in court;

(2) Removes actions brought against a seller for negligence per se as a circumstance under which a qualified civil liability action may be brought;

(3)
Removes the requirement that a seller or transferor is licensed in order for a person to bring an action against a seller or transferor who violates a state or federal law in selling or transferring a qualified product and such violation was the sole pr
o
ximate cause of harm for which relief is sought. This bill also requires that to support the action the violation of state or federal law was intentional, rather than knowing;

(4) Adds that, in a qualified civil liability action brought against a dealer, manufacturer, or seller of a qualified product, the complaint must allege that the defendant directly caused the damages alleged and the burden of proof is on the plaintiff to

demonstrate by clear and convincing evidence that the civil liability action is not barred. If a court determines a civil liability action is barred, then this bill requires the court to dismiss the civil liability action with prejudice for failure to st
a
te a claim upon which relief can be granted;

(5) Expresses as the public policy of this state not to allow recovery against a dealer, manufacturer, or seller of a qualified product for qualified civil liability actions or other causes of action resulting
from or relating to the criminal or unlawful misuse of qualified products by third parties, public nuisance or market share theories of liability, or any other theory of liability not recognized by the laws of this state; and

(6) Adds that, if a litigan
t seeks to enforce a foreign judgment or award against a dealer, manufacturer, or seller of a qualified product, then the litigant must:

(A) Certify that enforcement of the foreign judgment does not violate the public policy stated in (5); and

(B) Demo
nstrate by clear and convincing evidence that the basis for liability under the foreign judgment would not have been barred if the action had been brought as a qualified civil liability action in Tennessee.

If the court determines that the foreign judgme
nt does violate the public policy of this state, then this bill requires the court to dismiss the action to enforce the foreign judgment with prejudice and award a judgment against the judgment creditor and the judgment creditor's attorneys, jointly and s
e
verally, in favor of the dealer, manufacturer, or seller of a qualified product for three times the value of the foreign judgment attempted to be domesticated, plus attorney fees and costs incurred defending against enforcement of the foreign judgment.

LO
CAL REGULATION

Present law generally preempts local regulation of firearms and ammunition. Present law specifies that such preemption includes, but is not limited to, various actions with regard to firearms and ammunition. This bill specifies that loca
l regulation of the loan of firearms and ammunition is preempted.

Present law specifies four areas in which local governments may regulate firearms and ammunition by ordinance, resolution, policy, rule, or other enactment. This bill limits the types of
enactments that local governments may use to regulate firearms to ordinances and resolutions.

This bill makes the following changes concerning the four areas in which local governments are presently authorized to regulate firearms and ammunition:

(1)
Present law authorizes local governments to regulate the discharge of firearms within the boundaries of the applicable city, county, town, municipality or metropolitan government, except when and where the discharge of a firearm is expressly authorized or

permitted by state law. This bill instead authorizes local regulation of discharges within such boundaries to the extent that such regulation is expressly authorized by state law;

(2) This bill clarifies that local governments may regulate the location
of privately owned sport shooting ranges; and

(3) Present law generally authorizes local governments to regulate the enforcement of any state or federal law pertaining to firearms, ammunition, or components of firearms or ammunition, or combinations ther
eof. This bill limits local governments to regulating the enforcement of state laws.

Present law includes a declaration that the lawful design, marketing, manufacture, and sale of firearms and ammunition to the public are not unreasonably dangerous acti
vities and do not constitute a nuisance per se. This bill instead declares that such activities do not per se constitute a nuisance, civil conspiracy, negligent entrustment, or unlawful business practice.

This bill clarifies that private actions against
firearms or ammunition manufacturer, trade association, or dealer must be brought as a qualified civil liability action.

Present law preempts local regulation of the transfer, ownership, possession, or transportation of knives. This bill extends such p
reemption to the transfer, ownership, possession, or transportation of other weapons.

Present law creates a cause of action to seek declaratory and injunctive relief, and damages, against a local government that regulates firearms and ammunition contrary
to state preemption. In order to have standing in such an action, a party must be adversely affected. One element of being adversely affected is that the party is or was subject to the local regulation. This bill adds that a party may meet such elemen
t
of being adversely affected if the party will be subject to the local regulation.

ON APRIL 15, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1360, AS AMENDED.

AMENDMENT #1 corrects a typographical error.

Current Bill Text

SENATE BILL 1360
By Hensley

HOUSE BILL 873
By Fritts

HB0873
002690
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 29,
Chapter 42 and Title 39, relative to weapons.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivisions (1) and (2) and substituting:
(1) "Ammunition" means loaded firearm ammunition, an ammunition or cartridge
case, primer, bullet, or propellant designed for use in a firearm;
(2) "Dealer" means a person who is licensed to engage in business as a dealer
in this state in accordance with § 39-17-1316 and 18 U.S.C. § 923;
SECTION 2. Tennessee Code Annotated, Section 29-42-101(3)(A), is amended by
deleting "or unreliable".
SECTION 3. Tennessee Code Annotated, Section 29-42-101(4), is amended by
deleting "with the principal objective of livelihood and profit".
SECTION 4. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision (5) and substituting:
(5) "Firearm" has the same meaning as defined under § 39-11-106, 18 U.S.C. §
921(a)(3), and 26 U.S.C. § 5845(a);
SECTION 5. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision (6) and substituting:
(6) "Manufacturer" means a person who is:
(A) Engaged in the business of manufacturing a qualified product; and
(B)

- 2 - 002690

(i) Incorporated, formed, or registered in this state; or
(ii) Headquartered or maintaining a place of business in this state;
SECTION 6. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision (7) and substituting:
(7) "Negligent entrustment" means the supplying of a qualified product by a
seller for use by another person when the seller knows, or reasonably should know by
clear and convincing evidence that the person to whom the product is supplied intends
to, and does, use the product in a criminal manner involving physical injury to others;
SECTION 7. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision (9) and substituting:
(9) "Qualified civil liability action" means a civil action or proceeding, arbitration
proceeding, or administrative proceeding brought by a person against a manufacturer or
seller of a qualified product for damages, punitive damages, injunctive or declaratory
relief, abatement, restitution, fines, penalties, or other relief, resulting from the criminal or
unlawful misuse of a qualified product by a person, or resulting from a theory of liability
construing the manufacture, marketing, or sale of qualified products as tortious or the
breach of a legal duty;
SECTION 8. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision (10)(C) and substituting:
(C) A firearm or ammunition part or component; and
SECTION 9. Tennessee Code Annotated, Section 29-42-101(10), is amended by
adding the following as new subdivisions:
( ) Antique firearms, as defined in § 39-11-106;
( ) Body armor;

- 3 - 002690

( ) Devices that assist in increasing the rapidity with which a user may discharge
a semiautomatic firearm;
( ) Firearm magazines, clips, or other devices that store ammunition in a ready
state to be loaded into a firearm;
( ) Firearm silencers, mufflers, or other devices designed and intended to
reduce the audible report of a firearm;
( ) Knives, saps, and other bladed or blunt-impact defensive weapons;
( ) Optical devices, lights, lasers, sights, or scopes used or intended to be used
while attached to or in conjunction with a firearm, including those which allow the user to
see in low light or no light conditions or to view the thermal spectrum;
( ) Other accessories or products used or intended to be used in association or
conjunction with a qualified product;
( ) Tasers, stun guns, pepper spray, and other defensive weapons which utilize
electricity or capsaicinoids;
SECTION 10. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision (11) and substituting:
(11) "Seller" means a person distributing, selling, or transferring a qualified
product in this state.
SECTION 11. Tennessee Code Annotated, Section 29-42-102, is amended by deleting
"A person shall not bring a qualified civil liability action in a court in this state" and substituting "A
person shall not bring a qualified civil liability action in this state".
SECTION 12. Tennessee Code Annotated, Section 29-42-102(3), is amended by
deleting "or negligence per se".

- 4 - 002690

SECTION 13. Tennessee Code Annotated, Section 29-42-102(4), is amended by
deleting "or licensed" wherever it appears and by deleting "knowingly" wherever it appears and
substituting "intentionally".
SECTION 14. Tennessee Code Annotated, Section 29-42-102, is amended by
designating the current language as subsection (a) and adding the following new subsections:
(b) In a qualified civil liability action brought against a dealer, manufacturer, or
seller of a qualified product, the complaint must allege that the dealer, manufacturer, or
seller of the qualified product directly caused the damages alleged. The burden of proof
is on the plaintiff to demonstrate by clear and convincing evidence that the civil liability
action is not barred by this section. If a court determines a civil liability action is barred
by this section, then the court shall dismiss the civil liability action with prejudice for
failure to state a claim upon which relief can be granted.
(c) To protect the individual right to keep and bear arms, as guaranteed by both
the constitution of this state and the United States Constitution, by fostering a robust
marketplace to ensure ready access to arms and accompanying accoutrements, it is the
public policy of this state not to allow recovery against a dealer, manufacturer, or seller
of a qualified product for qualified civil liability actions or other causes of action resulting
from or relating to the criminal or unlawful misuse of qualified products by third parties,
public nuisance or market share theories of liability, or any other theory of liability not
recognized by the laws of this state.
(d) If a litigant seeks to enforce, pursuant to the Uniform Enforcement of Foreign
Judgments Act or otherwise, a foreign judgment or award against a dealer,
manufacturer, or seller of a qualified product, then the litigant and the litigant's attorney
must certify that enforcement of the foreign judgment does not violate the public policy of
this state. The burden of proof in an action to enforce a foreign judgment in this state is

- 5 - 002690

on the plaintiff to demonstrate by clear and convincing evidence that the basis for liability
under the foreign judgment would not have been barred by this section if the action had
been brought as a qualified civil liability action in this state. If the court determines that
the foreign judgment does violate the public policy of this state, then the court shall
dismiss the action to enforce the foreign judgment with prejudice. The court shall award
a judgment against the judgment creditor and the judgment creditor's attorneys, jointly
and severally, in favor of the dealer, manufacturer, or seller of a qualified product for
three times the value of the foreign judgment attempted to be domesticated, plus
attorney fees and costs incurred defending against enforcement of the foreign judgment.
SECTION 15. Tennessee Code Annotated, Section 39-17-1314(a), is amended by
deleting "devise, licensing" and substituting "devise, loan, licensing".
SECTION 16. Tennessee Code Annotated, Section 39-17-1314(b), is amended by
deleting "or ordinance, resolution, policy, rule or other enactment" and substituting ", ordinance,
or resolution".
SECTION 17. Tennessee Code Annotated, Section 39-17-1314, is amended by deleting
subdivision (b)(2) and substituting:
(2) The discharge of firearms within the boundaries of the applicable city, county,
town, municipality, or metropolitan government, to the extent that such regulation is
expressly authorized by state law;
SECTION 18. Tennessee Code Annotated, Section 39-17-1314(b)(3), is amended by
deleting "regulation of privately owned" and substituting "regulation concerning the location of
privately owned".
SECTION 19. Tennessee Code Annotated, Section 39-17-1314(b)(4), is amended by
deleting "any state or federal law" and substituting "any state law".

- 6 - 002690

SECTION 20. Tennessee Code Annotated, Section 39-17-1314(c), is amended by
deleting "do not constitute a nuisance per se" and substituting "do not per se constitute a
nuisance, civil conspiracy, negligent entrustment, or unlawful business practice".
SECTION 21. Tennessee Code Annotated, Section 39-17-1314, is amended by deleting
subsection (e).
SECTION 22. Tennessee Code Annotated, Section 39-17-1314(f), is amended by
deleting "of knives and no city" and substituting "of knives and other weapons and no city" and
by deleting "transportation of knives." and substituting "transportation of knives or other
weapons.".
SECTION 23. Tennessee Code Annotated, Section 39-17-1314(h)(1)(C), is amended
by deleting "Is or was" and substituting "Is, was, or will be" and by deleting "is or was subject"
and substituting "is, was, or will be subject" and by deleting "is or was physically present" and
substituting "is, was, or intends to be physically present".
SECTION 24. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 25. This act takes effect July 1, 2025, the public welfare requiring it.