otherwise dispose of the qualified prod-
uct, knowing, or having reasonable 
cause to believe, that the actual buyer 
of the qualified product was prohibited 
from possessing or receiving a firearm 
or ammunition under subsection (g) or 
(n) of section 922 of title 18, United 
States Code; 
(iv) an action for breach of contract or 
warranty in connection with the purchase 
of the product; or 
(v) an action for death, physical inju-
ries, or property damage resulting directly 
from a defect in design or manufacture of 
the product, when used as intended or in a 
reasonably foreseeable manner, except that 
if the discharge of the product was caused 
by a volitional act that constituted a crimi-
nal offense, then such act shall be considered 
the sole proximate cause of any resulting 
death, personal injury, or property damage. 
(B) NEGLIGENT
ENTRUSTMENT.—As used 
in subparagraph (A)(ii), the term ‘‘negligent en-
trustment’’ means the supplying of a qualified 
product by a seller for use by another person
when the seller knows, or reasonably should 
know, the person to whom the product is sup-
plied is likely to, and does, use the product in 
a manner involving unreasonable risk of phys-
ical injury to the person or others. 
(C) RULE OF CONSTRUCTION.—The excep-
tions set forth in clauses (i) through (v) of sub-
paragraph (A) shall be construed so as not to be 
in conflict, and no provision of this Act shall be 
construed to create a public or private cause of 
action or remedy. 
(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)(A) of title 18, United States Code) in 
interstate or foreign commerce at the wholesale 
or retail level. 
(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 corporation, unincorporated asso-
ciation, federation, business league, or professional or 
business organization— 
(A) that is not organized or operated for 
profit, and no part of the net earnings of which 
inures to the benefit of any private shareholder 
or individual; 
(B) that is an organization described in sec-
tion 501(c)(6) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) 
of such Code; and 
(C) 2 or more members of which are manu-
facturers or sellers of a qualified product. 
(9) UNLAWFUL
MISUSE.—The term ‘‘unlawful 
misuse’’ means conduct that violates a statute, ordi-
nance, or regulation as it relates to the use of a quali-
fied product.
Union Calendar No. 70 
109TH CONGRESS 
1ST SESSION 
H. R. 800 
[Report No. 109–124] 
A BILL 
To prohibit civil liability actions from being brought 
or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition 
for damages or injunctive or other relief resulting 
from the misuse of their products by others. 
JUNE 14, 2005 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed