A measure that is on the move in the Tennessee Legislature would significantly strengthen legal protections for those in the firearm industry in The Volunteer State.
SB1360 has passed both chambers with overwhelming majorities and is headed for Gov. Bill Lee’s desk for his signature.
Of course, the federal Protection of Lawful Commerce in Arms Act, passed in 2005, was designed to protect gunmakers and sellers from frivolous lawsuits targeting their legally made, lawfully sold products. But many states have also passed state protections, also, to further bolster that protection.
Tennessee passed its version of the PLCAA back in 2023. The new bill further fortifies that law by expanding legal protections to include private sellers, suppressor manufacturers and magazine producers; prohibiting Tennessee courts from recognizing or enforcing out-of-state or foreign court judgments that conflict with Tennessee’s pro-Second Amendment public policy; and penalizing bad-faith litigation by imposing triple damages on out-of-state plaintiffs and their attorneys who attempt to enforce hostile judgments in Tennessee courts.
The measure states: “In a qualified civil liability action brought against a dealer, manufacturer, or seller of a qualified product, the complaint must allege that the dealer, manufacturer, or seller of the qualified product directly caused the damages alleged. The burden of proof is on the plaintiff to demonstrate by clear and convincing evidence that the civil liability action is not barred by this section. If a court determines a civil liability action is barred by this section, then the court shall dismiss the civil liability action with prejudice for failure to state a claim upon which relief can be granted.”
The measure further states: “To protect the individual right to keep and bear arms, as guaranteed by both the constitution of this state and the United States Constitution, by fostering a robust marketplace to ensure ready access to arms and accompanying accoutrements, it is the public policy of this state not to allow recovery against a dealer, manufacturer, or seller of a qualified product for qualified civil liability actions or other causes of action resulting from or relating to the criminal or unlawful misuse of qualified products by third parties, public nuisance or market share theories of liability, or any other theory of liability not recognized by the laws of this state.”
With industry leaders like Beretta and Smith & Wesson already having relocated to the state, the enhanced protections are likely to bring other firearm-related companies in the future. The legislation was supported by several pro-gun organizations, including Gun Owners of America (GOA).
Erich Pratt, GOA senior vice president, said the move had further solidified Tennessee’s position as a state friendly to the firearms industry.
“Tennessee just made itself one of the most pro-gun states in America,” Pratt said in a news release on the measure. “With this law, radical anti-gun groups can no longer weaponize courts in California or New York to attack the Second Amendment industry in Tennessee. This is exactly the kind of bold leadership our movement needs to see across the country.”
For his part, Chris Stone, GOA director of state affairs, called the Tennessee measure a “game-changer,” and expressed hope that other states might pass similar measures.
“This bill is a game-changer for protecting lawful commerce in firearms,” Stone said. “It ensures that Tennessee businesses—and gun owners—are shielded from weaponized lawsuits coming from anti-gun states. GOA thanks Tennessee’s lawmakers for their leadership and urges other states to adopt this model.”
Read the full article here