,,ii #aaith ,,congress #b;d ,session ,s4 #dgge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aa1 #bjbf,mr4 ,cornyn 7for himself1 ,mrs4 ,blackburn1 ,mr4 ,budd1 ,mrs4 ,capito1 ,mr4 ,cassidy1 ,mr4 ,cotton1 ,mr4 ,crapo1 ,mr4 ,curtis1 ,mr4 ,daines1 ,mr4 ,grassley1 ,mr4 ,justice1 ,ms4 ,lummis1 ,mr4 ,risch1 ,mr4 ,sheehy1 ,mr4 ,ricketts1 and ,mr4 ,graham7 introduced the following bill2 which was read twice and 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 retailers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stopping ,harmful and ,outrageous ,torts ,act4 #b4 ,clarifying the broad scope of immunity against qualified civil actions ,section #c of the ,protection of ,lawful ,commerce in ,arms ,act 7#ae ,u4,s4,c4 #gijb7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,dismissal of pending actions ,a qualified civil liability action1 including any claims asserted therein1 that is pending on the date of enactment of the ,stopping ,harmful and ,outrageous ,torts ,act1 shall be immediately dismissed by the court in which the action was brought or is currently pending4 4 #c4 ,updating definitions to halt the spread of frivolous lawsuits ,section #d of the ,protection of ,lawful ,commerce in ,arms ,act 7#ae ,u4,s4,c4 #gijc7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,engaged in the business ,the term engaged in the business means devoting time1 attention1 and labor to the sale1 manufacture1 or importation of a qualified product as a regular course of trade or business4 2 7#b7 in paragraph 7#b71 by striking commerce and all that follows through the period at the end and inserting commerce1 including any owner and employee of such person2 7#c7 by redesignating paragraphs 7#d7 through 7#i7 as paragraphs 7#e7 through 7#aj71 respectively2 7#d7 by inserting after paragraph 7#c7 the following3 7#d7 ,proximate cause ,the term proximate cause means that the plaintiff was directly injured by the allegedly unlawful conduct of the defendant4 2 7#e7 by striking paragraph 7#e71 as so redesignated1 and inserting the following3 7#e7 ,qualified product ,the term qualified product means a firearm 7as defined in subparagraph 7,a71 7,b71 or 7,c7 of section #iba7;a77#c7 of title #ah1 ,united ,states ,code71 including any antique firearm 7as defined in section #iba7;a77#af7 of such title71 ammunition 7as defined in section #iba7;a77#ag77;,a7 of such title71 or a component part of1 or an accessory intended for use with1 a firearm or ammunition1 including ammunition magazines or clips1 optical devices1 or other products intended to be included in1 attached to1 or used while attached to1 or in conjunction with1 a firearm or ammunition1 that has been shipped or transported in interstate or foreign commerce4 2 7#f7 by striking paragraph 7#f71 as so redesignated1 and inserting the following3 7#f7 ,qualified civil liability action 7,a7 ,in general ,the term qualified civil liability action means a civil action1 proceeding1 or administrative proceeding1 or any claim asserted therein1 brought by any person against a manufacturer or seller of a qualified product1 or a trade association1 for damages1 punitive damages1 injunctive or declaratory relief1 abatement1 restitution1 fines1 or penalties1 or other relief1 resulting from1 on the basis of1 arising out of1 or in relation to the criminal or unlawful misuse1 alteration1 or modification of a qualified product by the person or a third party1 under any theory of liability1 including statutory claims or claims arising from tort or contract1 but shall not include-- 7i7 a claim brought against a transferor convicted under section #ibd7;h7 of title #ah1 ,united ,states ,code1 or a comparable or identical ,state felony law1 by a party directly harmed by the conduct of which the transferee is so convicted2 7ii7 a claim brought against a seller for negligent entrustment or negligence per se2 7iii7 a claim-- 7,i7 in which a manufacturer or seller of a qualified product knowingly violated chapter #dd of title #ah1 ,united ,states ,code1 chapter #ec of the ,internal ,revenue ,code of #aihf1 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 or the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq471 or an equivalent ,state statute1 that is intended to and exclusively imposes specific and concrete obligations on manufacturers and sellers regarding the manner in which qualified products are manufactured1 distributed1 or transferred to unlicensed persons2 7,,ii7 in which the violation was a proximate cause of the harm for which relief is sought2 and 7,,iii7 that is not premised on nuisance or negligence1 whether based in statute or common law2 7iv7 a claim for breach of contract or warranty in connection with the purchase of the product2 7v7 a claim for death1 physical injuries or property damage resulting directly from a defect in design or manufacture of the product1 when being lawfully used as intended or in a reasonably foreseeable manner1 except that where the discharge of the product was caused by a volitional act which meets the elements of a criminal offense1 then such act shall be considered the sole proximate cause of any resulting death1 personal injuries or property damage2 or 7vi7 a claim or proceeding commenced by the ,attorney ,general to enforce the provisions of chapter #dd of title #ah1 ,united ,states ,code1 or chapter #ec of the ,internal ,revenue ,code of #aihf4 7,b7 ,negligent entrustment ,as used in subparagraph 7,a77ii71 the term negligent entrustment-- 7i7 means the supplying of a qualified product by a seller for use by another person when the seller knows1 or reasonably should know1 the person to whom the product is supplied is themself likely to1 and does1 use the product in a manner involving unreasonable risk of physical injury to the person or others2 and 7ii7 does not include instances in which the harm was caused by a person who was not entrusted with the qualified product directly by the seller4 7,c7 ,rule of construction ,the exceptions enumerated under clauses 7i7 through 7v7 of subparagraph 7,a7 shall be construed so as not to be in conflict1 and no provision of this ,act shall be construed to create a public or private cause of action1 claim1 or remedy4 7,d7 ,minor child exception ,nothing in this ,act shall be construed to limit the right of a person under #ag years of age to recover damages authorized under ,federal or ,state law in a civil action that meets one of the requirements under clauses 7i7 through 7v7 of subparagraph 7,a74 7,e7 ,foreign ,state and ,governments 7i7 ,definition ,the term foreign state or government includes any entity1 agency1 or instrumentality of a foreign state or government4 7ii7 ,prohibition ,no foreign state or government may bring a civil action1 proceeding1 or administrative proceeding1 or any claim asserted therein against a manufacturer or seller of a qualified product1 or a trade association1 for damages1 punitive damages1 injunctive or declaratory relief1 abatement1 restitution1 fines1 or penalties1 or other relief1 resulting from1 on the basis of1 arising out of1 or in relation to the criminal or unlawful misuse1 alteration1 or modification of a qualified product by the person or a third party1 under any theory of liability1 including statutory claims or claims arising from tort or contract1 in any ,federal or ,state court4 ,the exceptions to immunity provided under clauses 7i7 through 7v7 of subparagraph 7,a7 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 court4 4 7#g7 by striking paragraph 7#g71 as so redesignated1 and inserting the following3 7#g7 ,seller ,the term seller1 with respect to a qualified product-- 7,a7 means-- 7i7 an importer 7as defined in section #iba7;a77#i7 of title #ah1 ,united ,states ,code7 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 #dd of that title2 7ii7 a dealer 7as defined in section #iba7;a77#aa7 of title #ah1 ,united ,states ,code7 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 #dd of that title2 7iii7 a person engaged in the business of selling ammunition 7as defined in section #iba7;a77#ag77;,a7 of title #ah1 ,united ,states ,code72 or 7iv7 a person engaged in the business of selling any other qualified product in interstate or foreign commerce at the wholesale or retail level1 including import and export2 7,b7 includes any owner or employee of the seller2 and 7,c7 does not include any manufacturer4 4 #d4 ,procedure for removal and dismissal ,the ,protection of ,lawful ,commerce in ,arms ,act 7#ae ,u4,s4,c4 #gija et seq47 is amended by inserting after section #c 7#ae ,u4,s4,c4 #gijb7 the following3 #c;,a4 ,procedure 7a7 ,removal and dismissal 7#a7 ,in general ,in any action before a ,state court in which a defendant that is a manufacturer1 seller1 or trade association asserts that the action is a qualified civil liability action1 the manufacturer1 seller1 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 pending4 7#b7 ,jurisdiction 7,a7 ,in general ,the district court shall have jurisdiction over an action described in paragraph 7#a7 if the defendant seeking removal makes a colorable assertion that at least #a of the claims is a qualified civil liability action4 7,b7 ,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 facts4 7#c7 ,motion to dismiss ,upon determination by the district court that removal is proper1 the defendant shall have #cj days to file a motion to dismiss4 7#d7 ,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 economy1 convenience1 fairness to the parties1 and comity4 7#e7 ,review ,an order remanding a case to the ,state court from which it was removed pursuant to this section shall be immediately reviewable on appeal4 7b7 ,pleading 7#a7 ,in general ,a claim brought against a manufacturer or seller of a qualified product1 or a trade association1 premised on any of the exceptions listed in clauses 7i7 through 7vi7 of section #c7f77;,a7 shall plead with particularity the factual allegations providing the basis for the application of the exception1 including those facts necessary to establish scienter and proximate cause4 7#b7 ,exceptions ,a claim brought against a manufacturer or seller of a qualified product1 or a trade association1 premised on an exception to the immunity granted in this ,act shall allege particularized facts showing that the manufacturer or seller of a qualified product1 or trade association1 was the proximate cause of the damages alleged4 ,the court shall determine whether the particularized facts alleged by the plaintiff suffice to establish proximate cause as a matter of law4 7c7 ,interlocutory appeals as of right ,a defendant shall have the right to take an immediate interlocutory appeal of an order1 denying a motion to dismiss based on any provision of this ,act4 7d7 ,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 costs4 4 #e4 ,preemption ,the ,protection of ,lawful ,commerce in ,arms ,act 7#ae ,u4,s4,c4 #gija et seq471 as amended by section #d of this ,act1 is amended by adding at the end the following3 #c;,b4 ,preemption ,the provisions of this ,act expressly preempt any ,state and local laws 7including regulations7 that specifically impose liability on qualified product manufacturers1 sellers1 and trade associations1 or that attempt to do so in a generally applicable manner insofar as the ,state or local law 7including regulations7 allows for civil actions1 civil proceedings1 and administrative proceedings for damages1 punitive damages1 injunctive or declaratory relief1 abatement1 restitution1 fines1 penalties1 or other relief resulting from the criminal misuse1 alteration1 or modification of a qualified product under any theory of liability1 including any statutory claim arising from tort or contract4 4