Firearms Liability Amendments

22
53-5d-101
53-5d-102
53-5d-103
53-5d-104
0
Firearms Liability Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: David P. Hinkins
LONG TITLE
General Description:
This bill amends civil liability concerning firearms and firearm-related items.
Highlighted Provisions:
This bill:
defines terms and amends definitions;
amends provisions and requirements for certain claims arising from a firearm or
firearm-related item brought against:
a seller or manufacturer of a firearm or a firearm-related item; or
a trade association;
for certain claims arising from a firearm or a firearm-related item:
requires a court to dismiss claims that fail to meet specific requirements;
grants reasonable attorney fees and court costs to a prevailing defendant in certain
circumstances;
allows a defendant to appeal an interlocutory order that denies the defendant's motion
to dismiss certain claims; and
prevents a foreign nation from asserting specific exceptions that may allow a claim for
civil liability;
preempts a political subdivision from imposing civil liability on a manufacturer, seller, or
trade association in certain circumstances; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5d-102
, as last amended by Laws of Utah 2025, Chapters 173, 208
53-5d-103
, as enacted by Laws of Utah 2016, Chapter 155
ENACTS:
53-5d-104
, Utah Code Annotated 1953
REPEALS:
53-5d-101
, as enacted by Laws of Utah 2016, Chapter 155
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-5d-102
is amended to read:
5d. Limitations on Actions Concerning Firearms and Firearm-Related
Items
53-5d-102
. Definitions.
As used in this chapter:
(1)
"Ammunition" means a bullet, a cartridge case, primer, propellant powder, or other
ammunition designed for use in any firearm, either as an individual component part or in
a completely assembled cartridge.
(2)
"Antique firearm" means the same as that term is defined in Section
76-11-101
.
(3)
"Firearm" means the same as that term is defined in Section
76-11-101
.
(4)
"Firearm accessory" means the same as that term is defined in Section
53-5a-401
.
(2)
(5)
(a)
"Manufacturer" means, with respect to a qualified product, a person who is
engaged in the business of manufacturing a qualified product
and who is licensed to
engage in business as a manufacturer under 18 U.S.C. Chapter 44
.
(b)
"Manufacturer" includes an owner, director, officer, employee, or agent of a person
described in Subsection
(5)(a)
.
(3)
(6)
(a)
"Negligent entrustment" means the supplying of a qualified product by a
seller for use by
another person
an individual
when the seller knows, or reasonably
should know,
that
the
person
individual
to whom the
product is supplied
seller is
supplying the qualified product
is likely to, and does, use the
qualified
product in a
manner involving unreasonable risk of physical injury to the
person or others.
individual's self or to another individual.
(b)
"Negligent entrustment" does not include a harm caused by an individual who was
not entrusted with a qualified product directly by a seller.
(7)
"Proximate cause" means that a plaintiff's injury is directly caused by a defendant's
alleged unlawful conduct.
(4)
"Person" means the same as that term is defined in Section
68-3-12.5
.
(5)
(8)
(a)
"Qualified civil liability action" means a civil action or proceeding or an
administrative proceeding brought by
any
a
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 of a qualified product by the person or a third party.
(b)
"Qualified civil liability action" includes a claim:
(i)
asserted within:
(A)
a civil action or proceeding; or
(B)
an administrative proceeding; and
(ii)
under any theory of liability, including:
(A)
a statutory or common law claim; and
(B)
a claim arising under contract, tort, nuisance, or negligence law.
(b)
(c)
"Qualified civil liability action" does not include:
(i)
an action
a claim
brought against a transferor convicted under 18 U.S.C. Sec.
924(h) or
Section
76-11-302
Section
76-11-216
by a party directly harmed by the
conduct of which the transferee was convicted;
(ii)
an action
a claim
brought against a seller for negligent entrustment or negligence
per se;
(iii)
an action
a claim
in which a manufacturer or seller of a qualified product
knowingly violated
a state or federal statute applicable to the sale or marketing of
the product, and the violation was a proximate cause of the harm for which relief
is sought, including
a statute in one of the following provisions and the statute's
violation is the sole proximate cause of the harm for which the claim seeks relief
:
(A)
any incident in which the manufacturer or seller knowingly made any false
entry in, or 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 any person in making any false or fictitious oral or
written statement with respect to any fact material to the lawfulness of the sale
or other disposition of a qualified product; or
(B)
any case in which the manufacturer or seller aided, abetted, or conspired with
any other person to sell or otherwise dispose of a qualified product, knowing,
or having reasonable cause to believe, that the actual buyer of the qualified
product was prohibited from possessing or receiving a firearm or ammunition
under 18 U.S.C. Sec. 922(g) or (n) or Title 76, Chapter 11, Part 3, Persons
Restricted Regarding Dangerous Weapons;
(A)
the Gun Control Act, 18 U.S.C. Sec. 921 et seq.;
(B)
the Arms Export Control Act, 22 U.S.C. Sec. 2778 et seq.;
(C)
the National Firearms Act, 26 U.S.C. Sec. 5801 et seq.;
(D)
the Export Control Reform Act, 50 U.S.C. Secs. 4801 to 4852; or
(E)
a requirement in Chapter 5a, Firearm Laws, Title 76, Chapter 11, Weapons, or
another statute that provides an equivalent requirement to a federal law
described in Subsections
(8)(c)(iii)(A)
through
(D)
, such that the statute
intentionally and exclusively imposes a specific and concrete obligation on a
manufacturer or seller regarding the manner in which a qualified product is
manufactured, distributed, or transferred to an unlicensed person, and does not
include a claim premised on statutory or common law nuisance or negligence;
(iv)
an action
a claim
for breach of contract or warranty in connection with the
purchase of the
qualified
product;
(v)
an action
a claim
for death,
physical injuries
a physical injury
, or property
damage resulting directly from a defect in design or manufacture of the
qualified
product, when
the qualified product is being lawfully
used as intended or in a
reasonably foreseeable manner, except that where the discharge of the
qualified
product was caused by a volitional act that
constituted
meets the elements of
a
criminal offense, then the
volitional
act shall be considered the sole proximate
cause of any resulting death, personal injuries, or property damage; or
(vi)
an action
a claim
or proceeding commenced to enforce the provisions of 18
U.S.C. Chapter 44, 26 U.S.C. Chapter 53, or Title 76, Chapter 11, Weapons.
(6)
(9)
(a)
"Qualified product" means
a firearm or antique firearm, as defined in Section
76-11-101
, ammunition, or a component part of a firearm or ammunition.
:
(i)
ammunition;
(ii)
an antique firearm;
(iii)
a firearm; or
(iv)
a firearm accessory.
(b)
"Qualified product" includes a product that is intended to be included in, attached to,
used while attached to, or used in conjunction with a firearm or ammunition.
(7)
(10)
(a)
"Seller" means, with respect to a qualified product
,
:
(i)
a federal firearms licensee, as defined in Section
53-5a-601
.
; or
(ii)
a person engaged in the business of selling a qualified product at the wholesale or
retail level, including importing and exporting a qualified product.
(b)
"Seller" includes an owner, director, officer, employee, or agent of a person
described in Subsection
(10)(a)
.
(c)
"Seller" does not include a manufacturer.
(8)
(11)
"Trade association" means
:

(a)
any corporation, unincorporated association, federation, business league, or
professional or business organization not organized or operated for profit and
for
which
no part of the net earnings of which inures to the benefit of any private
shareholder or individual
;
, if:
(b)
(a)
an
the entity is an
organization described in 26 U.S.C. Sec. 501(c)(6) and
exempt from tax under 26 U.S.C. Sec. 501(a); and
(c)
(b)
an organization,
two or more members of
which
the entity
are manufacturers
or sellers of a qualified product.
(9)
(12)
"Unlawful misuse" means conduct that violates a statute, ordinance, or regulation
as
it
the conduct
relates to the use of a qualified product.
Section 2. Section
53-5d-103
is amended to read:
53-5d-103
. Limitations on liability -- Requirements -- Dismissal.
(1)
A manufacturer or seller of a qualified product, or trade association, is not subject to a
qualified civil liability action regarding the unlawful misuse of a qualified product
unless an injury or death results from an act or omission of the manufacturer, seller, or
trade association that constitutes gross negligence, recklessness, or intentional
misconduct.
(1)
A person may not assert a claim, including a qualified civil liability action, against a
manufacturer or seller of a qualified product, or a trade association, unless the claim:
(a)
is based on an exception described in Subsection
53-5d-102(8)(c)
; and
(b)
pleads with particularity the factual allegations providing the basis for the application
of the exception described in Subsection
(1)(a)
, including the factual allegations
necessary to establish:
(i)
the defendant's culpable mental state; and
(ii)
that the defendant was the proximate cause of the damages alleged in the claim.
(2)
A court shall construe an exception described in Subsection
53-5d-102(8)(c)
:
(a)
to limit the scope of a permissible claim, if there is a conflict between an exception
and state statutory or common law; and
(b)
in harmony with other exceptions described in Subsection
53-5d-102(8)(c)
.
(2)
(3)
A civil liability action
A court shall dismiss a claim brought
against a
manufacturer, seller, or trade association
that
unless the claim:
(a)
does not allege any of the provisions of Subsection
53-5d-102(5)(b)
shall be
dismissed.
alleges an exception described in Subsection
53-5d-102(8)(c)
; and
(b)
complies with the requirements described in Subsection
(1)
.
(4)
(a)
A defendant who prevails in a motion to dismiss a claim under Subsection
(3)
is
entitled to reasonable attorney fees and court costs.
(b)
A defendant may appeal an interlocutory order of a court that denies the defendant's
motion to dismiss a claim under Subsection
(3)
.
(5)
A foreign nation may not assert an exception described in Subsection
53-5d-102(8)
.
Section 3. Section
53-5d-104
is enacted to read:
53-5d-104
. State preemption of local regulation.
(1)
This chapter preempts a political subdivision from enacting any legislation, code,
ordinance, or rule that imposes civil liability on a manufacturer, seller, or trade
association for the criminal misuse, alteration, or modification of a qualified product
under any theory of liability.
(2)
Any legislation, code, ordinance, or rule made by a political subdivision of this state
described in Subsection
(1)
is superseded by this chapter.
Section 4.
Repealer.
Title.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-25-26 3:48 PM