(2) To preserve a citizen’s access to a supply of 
firearms and ammunition for all lawful purposes, in-
cluding hunting, self-defense, collecting, and competi-
tive or recreational shooting. 
(3) To guarantee a citizen’s rights, privileges, 
and immunities, as applied to the States, under the 
Fourteenth Amendment to the United States Constitu-
tion, pursuant to section 5 of that Amendment.
(4) To prevent the use of such lawsuits to impose 
unreasonable burdens on interstate and foreign com-
merce. 
(5) To protect the right, under the First Amend-
ment to the Constitution, of manufacturers, distribu-
tors, dealers, and importers of firearms or ammuni-
tion products, and trade associations, to speak freely, 
to assemble peaceably, and to petition the Government 
for a redress of their grievances. 
SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LI-
ABILITY ACTIONS IN FEDERAL OR STATE 
COURT. 
(a) IN GENERAL.—A qualified civil liability action 
may not be brought in any Federal or State court. 
(b) DISMISSAL OF PENDING ACTIONS.—A qualified 
civil liability action that is pending on the date of the en-
actment of this Act shall be dismissed immediately by the
court in which the action was brought or is currently pend-
ing. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ENGAGED IN THE BUSINESS.—The term ‘‘en-
gaged in the business’’ has the meaning given that 
term in section 921(a)(21) of title 18, United States 
Code, 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. 
(2) MANUFACTURER.—The term ‘‘manufacturer’’ 
means, with respect to a qualified product, a person 
who is engaged in the business of manufacturing the 
product in interstate or foreign commerce and who is 
licensed to engage in business as such a manufacturer 
under chapter 44 of title 18, United States Code. 
(3) PERSON.—The term ‘‘person’’ means any in-
dividual, corporation, company, association, firm, 
partnership, society, joint stock company, or any 
other entity, including any governmental entity. 
(4) QUALIFIED PRODUCT.—The term ‘‘qualified 
product’’ means a firearm (as defined in subpara-
graph (A) or (B) 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)), or 
ammunition (as defined in section 921(a)(17) of such 
title), or a component part of a firearm or ammuni-
tion, that has been shipped or transported in inter-
state or foreign commerce. 
(5) QUALIFIED CIVIL LIABILITY ACTION.—
(A) IN GENERAL.—The term ‘‘qualified civil 
liability action’’ means a civil action brought by 
any person against a manufacturer or seller of 
a qualified product, or a trade association, for 
damages or injunctive relief resulting from the 
criminal or unlawful misuse of a qualified prod-
uct by the person or a third party, but shall not 
include—
(i) an action brought against a trans-
feror convicted under section 924(h) of title 
18, United States Code, or a comparable or 
identical State felony law, by a party di-
rectly harmed by the conduct of which the 
transferee is so convicted; 
(ii) an action brought against a seller 
for negligent entrustment or negligence per 
se;
(iii) an action in which a manufac-
turer or seller of a qualified product know-
ingly and willfully violated a State or Fed-
eral statute applicable to the sale or mar-
keting of the product, and the violation was 
a proximate cause of the harm for which re-
lief is sought; 
(iv) an action for breach of contract or 
warranty in connection with the purchase 
of the product; or 
(v) an action for physical injuries or 
property damage resulting directly from a 
defect in design or manufacture of the prod-
uct, when used as intended. 
(B) NEGLIGENT
ENTRUSTMENT.—In sub-
paragraph (A)(ii), the term ‘‘negligent entrust-
ment’’ means the supplying of a qualified prod-
uct by a seller for use by another person when 
the seller knows or should know the person to 
whom the product is supplied is likely to use the 
product, and in fact does use the product, in a 
manner involving unreasonable risk of physical 
injury to the person and others. 
(6) SELLER.—The term ‘‘seller’’ means, with re-
spect to a qualified product—
(A) an importer (as defined in section 
921(a)(9) of title 18, United States Code) who is 
engaged in the business as such an importer in 
interstate or foreign commerce and who is li-
censed to engage in business as such an importer 
under chapter 44 of title 18, United States Code; 
(B) a dealer (as defined in section 
921(a)(11) of title 18, United States Code) who 
is engaged in the business as such a dealer in 
interstate or foreign commerce and who is li-
censed to engage in business as such a dealer 
under chapter 44 of title 18, United States Code; 
or 
(C) a person engaged in the business of sell-
ing 
ammunition 
(as 
defined 
in 
section 
921(a)(17) of title 18, United States Code) in 
interstate or foreign commerce at the wholesale 
or retail level, consistent with Federal, State, 
and local law. 
(7) STATE.—The term ‘‘State’’ includes each of 
the several States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands, and any
other territory or possession of the United States, and 
any political subdivision of any such place. 
(8) TRADE ASSOCIATION.—The term ‘‘trade asso-
ciation’’ means any association or business organiza-
tion (whether or not incorporated under Federal or 
State law) that is not operated for profit, and 2 or 
more members of which are manufacturers or sellers 
of a qualified product.
Union Calendar No. 37
108TH CONGRESS 
1ST SESSION 
H. R. 1036
[Report No. 108–59] 
A BILL 
To prohibit civil liability actions from being brought 
or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition 
for damages resulting from the misuse of their 
products by others. 
APRIL 7, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed