S.Amdt. 6467

The Stopping Harmful and Outrageous Torts Act is an amendment proposed to bill S. 4784. Its purpose is to modify the Protection of Lawful Commerce in Arms Act to expand and clarify immunity for manufacturers, sellers, and trade associations of qualified products (firearms, ammunition, and related components or accessories).

The amendment aims to change or add the following to the bill:

• Immediate Dismissal: Any qualified civil liability action pending on the date the act is enacted must be immediately dismissed by the court.

• Updated Definitions: It clarifies and updates key terms, including:

  • Engaged in the business: Defined as devoting time, attention, and labor to the sale, manufacture, or importation of a qualified product as a regular course of trade or business.
  • Proximate cause: Defined as the plaintiff being directly injured by the defendant's allegedly unlawful conduct.
  • Qualified product: Specifically includes firearms, antique firearms, ammunition, and component parts or accessories like magazines, clips, and optical devices.

• Immunity and Exceptions: It generally protects manufacturers, sellers, and trade associations from liability resulting from the criminal or unlawful misuse, alteration, or modification of a product. However, it lists specific exceptions where lawsuits may still proceed, such as:

  • Claims against a transferor convicted under specific federal or state felony laws.
  • Claims for negligent entrustment or negligence per se.
  • Knowing violations of specific federal or state laws regarding the manufacture or distribution of products.
  • Breach of contract or warranty.
  • Design or manufacturing defects during lawful use.
  • Actions brought by the Attorney General.

• Restrictions on Foreign Governments: It prohibits any foreign state or government from bringing civil actions against these entities, and notes that the exceptions to immunity do not apply to foreign governments.

• Legal Procedures: It adds new procedures for:

  • Removal: Allowing defendants to move cases from state court to federal district court.
  • Pleading: Requiring plaintiffs to provide particularized factual allegations to claim an exception to immunity.
  • Appeals: Providing defendants the right to an immediate appeal if a motion to dismiss is denied.
  • Fees: Allowing prevailing defendants to recover reasonable attorney's fees and court costs.

• Preemption: It expressly preempts state and local laws or regulations that impose liability on these entities for the criminal misuse, alteration, or modification of a qualified product.