Courts would dismiss covered gun lawsuits pending when bill becomes law

Courts would immediately dismiss pending claims that fall within the bill’s lawsuit protections. The rule covers claims against manufacturers, sellers, and trade groups tied to unlawful misuse, alteration, or modification of guns, ammunition, and accessories shipped across state or national borders. Claims meeting the listed exceptions would fall outside this dismissal rule, but foreign governments could not use the exceptions available to other plaintiffs under clauses (i) through (v). The dismissal requirement would apply to covered claims pending on the date the bill becomes law.

Certain claims involving seller misconduct, purchase agreements, and product defects could proceed under listed exceptions. The law-violation exception requires a law aimed exclusively at specific duties for manufacturing, distributing, or transferring products to unlicensed people. Defect claims cover death, physical injury, or property damage. The exceptions include certain unlawful transfers, negligent entrustment, negligence established by a law violation, contracts, warranties, and federal enforcement. For supplying a product to someone likely to use it dangerously, the seller must know or reasonably be expected to know the risk. That person must receive it directly from the seller and use it dangerously. The knowing-law-violation exception requires a listed federal gun, tax, or export law, or an equivalent state law imposing specific duties on gun businesses. The violation must cause the harm; nuisance and negligence claims do not qualify. Defect claims require lawful use as intended or reasonably foreseeable. A voluntary act meeting the elements of a crime that causes a discharge would count as the sole cause of resulting harm.

Foreign governments could not bring covered claims in federal or state courts. The restriction includes foreign government agencies and other government entities bringing claims against covered manufacturers, sellers, or trade groups. Foreign governments could not use the exceptions available to other plaintiffs under clauses (i) through (v).

Covered defendants could move state cases to federal court and immediately appeal a refusal to dismiss under this law. These rules concern cases against covered manufacturers, sellers, and trade groups. Moving a case would require a plausible assertion that at least one claim falls within the lawsuit protections. People relying on an exception would need specific facts showing why it applies, including required knowledge and direct harm. Defendants who successfully asserted protection would receive reasonable lawyer fees and court costs.

Federal law would override covered state and local rules allowing claims against gun businesses and trade groups. It would cover lawsuits and agency proceedings seeking money, court orders, or other relief over criminal misuse, alteration, or modification of covered products. The override would cover laws aimed specifically at these businesses and broader laws used to impose the covered liability.