Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1360 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE BILL 873
3	3	By Fritts
4	4
5	5	SENATE BILL 1360
6	6	By Hensley
7	7
8	8
9	9	SB1360
10	10	002690
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 29,
14	14	Chapter 42 and Title 39, relative to weapons.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
18	18	subdivisions (1) and (2) and substituting:
19	19	(1) "Ammunition" means loaded firearm ammunition, an ammunition or cartridge
20	20	case, primer, bullet, or propellant designed for use in a firearm;
21	21	(2) "Dealer" means a person who is licensed to engage in business as a dealer
22	22	in this state in accordance with § 39-17-1316 and 18 U.S.C. § 923;
23	23	SECTION 2. Tennessee Code Annotated, Section 29-42-101(3)(A), is amended by
24	24	deleting "or unreliable".
25	25	SECTION 3. Tennessee Code Annotated, Section 29-42-101(4), is amended by
26	26	deleting "with the principal objective of livelihood and profit".
27	27	SECTION 4. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
28	28	subdivision (5) and substituting:
29	29	(5) "Firearm" has the same meaning as defined under § 39-11-106, 18 U.S.C. §
30	30	921(a)(3), and 26 U.S.C. § 5845(a);
31	31	SECTION 5. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
32	32	subdivision (6) and substituting:
33	33	(6) "Manufacturer" means a person who is:
34	34	(A) Engaged in the business of manufacturing a qualified product; and
35	35	(B)
36	36
37	37
38	38	- 2 - 002690
39	39
40	40	(i) Incorporated, formed, or registered in this state; or
41	41	(ii) Headquartered or maintaining a place of business in this state;
42	42	SECTION 6. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
43	43	subdivision (7) and substituting:
44	44	(7) "Negligent entrustment" means the supplying of a qualified product by a
45	45	seller for use by another person when the seller knows, or reasonably should know by
46	46	clear and convincing evidence that the person to whom the product is supplied intends
47	47	to, and does, use the product in a criminal manner involving physical injury to others;
48	48	SECTION 7. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
49	49	subdivision (9) and substituting:
50	50	(9) "Qualified civil liability action" means a civil action or proceeding, arbitration
51	51	proceeding, or administrative proceeding brought by a person against a manufacturer or
52	52	seller of a qualified product for damages, punitive damages, injunctive or declaratory
53	53	relief, abatement, restitution, fines, penalties, or other relief, resulting from the criminal or
54	54	unlawful misuse of a qualified product by a person, or resulting from a theory of liability
55	55	construing the manufacture, marketing, or sale of qualified products as tortious or the
56	56	breach of a legal duty;
57	57	SECTION 8. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
58	58	subdivision (10)(C) and substituting:
59	59	(C) A firearm or ammunition part or component; and
60	60	SECTION 9. Tennessee Code Annotated, Section 29-42-101(10), is amended by
61	61	adding the following as new subdivisions:
62	62	( ) Antique firearms, as defined in § 39-11-106;
63	63	( ) Body armor;
64	64
65	65
66	66	- 3 - 002690
67	67
68	68	( ) Devices that assist in increasing the rapidity with which a user may discharge
69	69	a semiautomatic firearm;
70	70	( ) Firearm magazines, clips, or other devices that store ammunition in a ready
71	71	state to be loaded into a firearm;
72	72	( ) Firearm silencers, mufflers, or other devices designed and intended to
73	73	reduce the audible report of a firearm;
74	74	( ) Knives, saps, and other bladed or blunt-impact defensive weapons;
75	75	( ) Optical devices, lights, lasers, sights, or scopes used or intended to be used
76	76	while attached to or in conjunction with a firearm, including those which allow the user to
77	77	see in low light or no light conditions or to view the thermal spectrum;
78	78	( ) Other accessories or products used or intended to be used in association or
79	79	conjunction with a qualified product;
80	80	( ) Tasers, stun guns, pepper spray, and other defensive weapons which utilize
81	81	electricity or capsaicinoids;
82	82	SECTION 10. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
83	83	subdivision (11) and substituting:
84	84	(11) "Seller" means a person distributing, selling, or transferring a qualified
85	85	product in this state.
86	86	SECTION 11. Tennessee Code Annotated, Section 29-42-102, is amended by deleting
87	87	"A person shall not bring a qualified civil liability action in a court in this state" and substituting "A
88	88	person shall not bring a qualified civil liability action in this state".
89	89	SECTION 12. Tennessee Code Annotated, Section 29-42-102(3), is amended by
90	90	deleting "or negligence per se".
91	91
92	92
93	93	- 4 - 002690
94	94
95	95	SECTION 13. Tennessee Code Annotated, Section 29-42-102(4), is amended by
96	96	deleting "or licensed" wherever it appears and by deleting "knowingly" wherever it appears and
97	97	substituting "intentionally".
98	98	SECTION 14. Tennessee Code Annotated, Section 29-42-102, is amended by
99	99	designating the current language as subsection (a) and adding the following new subsections:
100	100	(b) In a qualified civil liability action brought against a dealer, manufacturer, or
101	101	seller of a qualified product, the complaint must allege that the dealer, manufacturer, or
102	102	seller of the qualified product directly caused the damages alleged. The burden of proof
103	103	is on the plaintiff to demonstrate by clear and convincing evidence that the civil liability
104	104	action is not barred by this section. If a court determines a civil liability action is barred
105	105	by this section, then the court shall dismiss the civil liability action with prejudice for
106	106	failure to state a claim upon which relief can be granted.
107	107	(c) To protect the individual right to keep and bear arms, as guaranteed by both
108	108	the constitution of this state and the United States Constitution, by fostering a robust
109	109	marketplace to ensure ready access to arms and accompanying accoutrements, it is the
110	110	public policy of this state not to allow recovery against a dealer, manufacturer, or seller
111	111	of a qualified product for qualified civil liability actions or other causes of action resulting
112	112	from or relating to the criminal or unlawful misuse of qualified products by third parties,
113	113	public nuisance or market share theories of liability, or any other theory of liability not
114	114	recognized by the laws of this state.
115	115	(d) If a litigant seeks to enforce, pursuant to the Uniform Enforcement of Foreign
116	116	Judgments Act or otherwise, a foreign judgment or award against a dealer,
117	117	manufacturer, or seller of a qualified product, then the litigant and the litigant's attorney
118	118	must certify that enforcement of the foreign judgment does not violate the public policy of
119	119	this state. The burden of proof in an action to enforce a foreign judgment in this state is
120	120
121	121
122	122	- 5 - 002690
123	123
124	124	on the plaintiff to demonstrate by clear and convincing evidence that the basis for liability
125	125	under the foreign judgment would not have been barred by this section if the action had
126	126	been brought as a qualified civil liability action in this state. If the court determines that
127	127	the foreign judgment does violate the public policy of this state, then the court shall
128	128	dismiss the action to enforce the foreign judgment with prejudice. The court shall award
129	129	a judgment against the judgment creditor and the judgment creditor's attorneys, jointly
130	130	and severally, in favor of the dealer, manufacturer, or seller of a qualified product for
131	131	three times the value of the foreign judgment attempted to be domesticated, plus
132	132	attorney fees and costs incurred defending against enforcement of the foreign judgment.
133	133	SECTION 15. Tennessee Code Annotated, Section 39-17-1314(a), is amended by
134	134	deleting "devise, licensing" and substituting "devise, loan, licensing".
135	135	SECTION 16. Tennessee Code Annotated, Section 39-17-1314(b), is amended by
136	136	deleting "or ordinance, resolution, policy, rule or other enactment" and substituting ", ordinance,
137	137	or resolution".
138	138	SECTION 17. Tennessee Code Annotated, Section 39-17-1314, is amended by deleting
139	139	subdivision (b)(2) and substituting:
140	140	(2) The discharge of firearms within the boundaries of the applicable city, county,
141	141	town, municipality, or metropolitan government, to the extent that such regulation is
142	142	expressly authorized by state law;
143	143	SECTION 18. Tennessee Code Annotated, Section 39-17-1314(b)(3), is amended by
144	144	deleting "regulation of privately owned" and substituting "regulation concerning the location of
145	145	privately owned".
146	146	SECTION 19. Tennessee Code Annotated, Section 39-17-1314(b)(4), is amended by
147	147	deleting "any state or federal law" and substituting "any state law".
148	148
149	149
150	150	- 6 - 002690
151	151
152	152	SECTION 20. Tennessee Code Annotated, Section 39-17-1314(c), is amended by
153	153	deleting "do not constitute a nuisance per se" and substituting "do not per se constitute a
154	154	nuisance, civil conspiracy, negligent entrustment, or unlawful business practice".
155	155	SECTION 21. Tennessee Code Annotated, Section 39-17-1314, is amended by deleting
156	156	subsection (e).
157	157	SECTION 22. Tennessee Code Annotated, Section 39-17-1314(f), is amended by
158	158	deleting "of knives and no city" and substituting "of knives and other weapons and no city" and
159	159	by deleting "transportation of knives." and substituting "transportation of knives or other
160	160	weapons.".
161	161	SECTION 23. Tennessee Code Annotated, Section 39-17-1314(h)(1)(C), is amended
162	162	by deleting "Is or was" and substituting "Is, was, or will be" and by deleting "is or was subject"
163	163	and substituting "is, was, or will be subject" and by deleting "is or was physically present" and
164	164	substituting "is, was, or intends to be physically present".
165	165	SECTION 24. If any provision of this act or its application to any person or circumstance
166	166	is held invalid, then the invalidity does not affect other provisions or applications of the act that
167	167	can be given effect without the invalid provision or application, and to that end, the provisions of
168	168	this act are severable.
169	169	SECTION 25. This act takes effect July 1, 2025, the public welfare requiring it.