How S 4775 changes current law

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the Protection of Lawful Commerce in Arms Act to clarify and expand immunity provisions for manufacturers and sellers of firearms and related products.

• 15 U.S.C. 7902

  (b) Dismissal of pending actions A qualified civil liability action that is pending on October 26, 2005, shall be immediately dismissed by the court in which the action was brought or is currently pending. → (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.

  Changes the condition surrounding the dismissal of pending qualified civil liability actions to apply from the date of the bill's enactment rather than a set historical date.

• 15 U.S.C. 7903

  The term “engaged in the business” has the meaning given that term in section 921(a)(21) of title 18, and, as applied to a seller of ammunition, means a person who devotes time, attention, and labor to the sale of ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of ammunition. → 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.

  'Engaged in the business' is redefined to include manufacturing and importing of qualified products, not just selling.

• 15 U.S.C. 7903

  A qualified product means a firearm (as defined in subparagraph (A) or (B) of section 921(a)(3) of title 18), including any antique firearm (as defined in section 921(a)(16) of such title), or ammunition (as defined in section 921(a)(17)(A) of such title), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. → 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.

  Expands the definition of 'qualified product' to include accessories and components used with firearms and ammunition.

• 15 U.S.C. 7903

  The term 'qualified civil liability action' means a civil action or proceeding or an administrative proceeding 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 the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include— → 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—

  Clarifies that 'qualified civil liability action' includes claims asserted in any civil action, broadening the scope of protection from liability.

• 15 U.S.C. 7903

  Nothing in this chapter 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 1 of the requirements under clauses (i) through (v) of subparagraph (A). → 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).

  Maintains the ability of minors to recover damages, consistent with previous provisions.