HB 214 — Firearms Liability Amendments

HB0214S01Enrolled comparedCopy withH.B. HB0214 {Omitted text} shows text that was in HB0214 but was omitted in HB0214S01 inserted text shows text that was not in HB0214 but was inserted into HB0214S01 DISCLAIMER:

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Firearms Liability Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

3David LONGP. TITLE General Description:

ThisHinkins bill3 amendsLONG civilTITLE liabilityGeneral concerningDescription: firearms {or ammunition} and firearm-related items.

This bill amends civil liability concerning firearms and firearm-related items.

▸ defines termsandterms and amends definitions;

▸ amends provisions and requirements for certain claims arising from a firearm or firearm-firearm-related related item brought against:

▸● {provides limitations on a civil action against } a seller or manufacturer of {firearms or ammunition:} a firearm or a firearm-related item;

or ● {broughta undertrade certainassociation; provisions of the federal Protection of Lawful Commerce in Arms Act;

or}▸ ●for {allegingcertain claims arising from a claimfirearm ofor negligenta marketing;firearm-related item:

and} H ● requires a tradecourt association;to dismiss claims that fail to meet specific requirements;

B● ▸grants forreasonable certainattorney claimsfees arisingand fromcourt costs to a firearmprevailing ordefendant ain firearm-relatedcertain item:circumstances;

0 ● requires a court to dismiss claims that fail to meet specific requirements;

1 HB0214 compared with HB0214S01 ● grants reasonable attorney fees and court costs to a prevailing defendant in certain circumstances;

None UtahH.B. Code Sections Affected:

214 Enrolled Copy Utah Code Sections Affected:

53-5d-10253-5d-102, , as last amended by Laws of Utah 2025, Chapters 173, 208 53-5d-10353-5d-103, , as enacted by Laws of Utah 2016, Chapter 155 ENACTS:

53-5d-10453-5d-104, , Utah Code Annotated 1953 REPEALS:

53-5d-10153-5d-101, , as enacted by Laws of Utah 2016, Chapter 155 Be it enacted by the Legislature of the state of Utah:

LawfulLimitations Commerce in Arms ActLimitations on Actions Concerning Firearms and Firearm-Related Items 53-5d-102.53-5d-102 .

- 2 - HB0214 compared with HB0214S01 (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)](4) (4)} "Firearm accessory" means the same as that term is defined in Section 53-5a-401.

[(2)] (5)(5)(a) (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.

[(3)] (5){(6)}(6)(a) (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)- "Negligent2 entrustment"- doesEnrolled notCopy includeH.B. a harm caused by an individual who was not entrusted with a qualified product directly by a seller.

214 (b) "Negligent entrustment" does not include a harm caused by an individual who was not entrusted with a qualified product directly by a seller.

[(4){][(4) {(6)} } "Person" means the same as that term is defined in Section 68-3-12.5.] [(5)] (7){(8)}(8)(a) (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.

- 3 - HB0214 compared with HB0214S01 (A) a civil action or proceeding;

[(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- other3 disposition- ofH.B. a qualified product;

214 Enrolled Copy or other disposition of a qualified product;

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 - 4 - HB0214 compared with HB0214S01 (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;

[(6)] (8){(9)}(9)(a) (a) "Qualified product" means[ a firearm{[}firearm or{]or ,} antique firearm{[}firearm, , as defined in Section 76-11-101{]}76-11-101, , ammunition, or a component part of a firearm or ammunition.] :

or (iv)- a4 firearm- accessory.Enrolled Copy H.B.