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Tennessee General Assembly· SB 1360Signed by Governor.

Remedies and Special Proceedings - As enacted, removes the ability to bring a civil liability action for negligence per se against a seller of a qualified product; expands "qualified products" to include knives, body arm, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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PUBLIC CHAPTER NO. 329

                                                    SENATE BILL NO. 1360

                              By Hensley, Bailey, Bowling, Lowe, Stevens, Watson

                                             Substituted for: House Bill No. 873

   By Fritts, Powers, Barrett, Stinnett, Reedy, Lamberth, Todd, Doggett, Scarbrough, Renea Jones,
     Capley, Brock Martin, McCalmon, Raper, Warner, Butler, Moon, Grills, Terry, Burkhart, Boyd,
                                                Eldridge, Davis, Garrett, Hawk

AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 42 and Title 39, relative to weapons.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivisions (1) and (2) and substituting:

                    (1) "Ammunition" means loaded firearm ammunition, an ammunition or cartridge case,
          primer, bullet, or propellant designed for use in a firearm;

                    (2) "Dealer" means a person who is licensed to engage in business as a dealer in this
          state in accordance with§ 39-17-1316 and 18 U.S.C. § 923;

          SECTION 2. Tennessee Code Annotated, Section 29-42-101 (3)(A), is amended by deleting
"or unreliable".

          SECTION 3. Tennessee Code Annotated, Section 29-42-101 (4), is amended by deleting "with
the principal objective of livelihood and profit".

          SECTION 4. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision (5) and substituting:

                    (5) "Firearm" has the same meaning as defined under § 39-11-106, 18 U.S.C. §
          921 (a)(3), and 26 U.S.C. § 5845(a);

          SECTION 5. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision (6) and substituting:

                    (6) "Manufacturer" means a person who is:

                              (A) Engaged in the business of manufacturing a qualified product; and

                              (B)(i) Incorporated, formed; or registered in this state; or

                                        (ii) Headquartered or maintaining a place of business in this state;

          SECTION 6. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision (7) and substituting:

                    (7) "Negligent entrustment" means the supplying of a qualified product by a seller for
          use by another person when the seller knows, or reasonably should know by clear and
          convincing evidence that the person to whom the product is supplied intends to, and does, use
          the product in a criminal manner involving physical injury to others;

          SECTION 7. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision (9) and substituting:
SB 1360

                   (9) "Qualified civil liability action" means a civil action or proceeding, arbitration
         proceeding, or administrative proceeding brought by a person against a manufacturer or
         seller of a qualified product for damages, punitive damages, injunctive or declaratory relief,
         abatement, restitution, fines, penalties, or other relief, resulting from the criminal or unlawful
          misuse of a qualified product by a person, or resulting from a theory of liability construing the
          manufacture, marketing, or sale of qualified products as tortious or the breach of a legal duty;

          SECTION 8. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision· (1 0)(C) and substituting:

                    (C) A firearm or ammunition part or component; and

          SECTION 9. Tennessee Code Annotated, Section 29-42-101(10), is amended by adding the
following as new subdivisions:

                    () Antique firearms, as defined in§ 39-11-106;

                    ( ) Body armor;

                    ( ) Devices that assist in increasing the rapidity with which a user may discharge a
          semiautomatic firearm;

                    ( ) Firearm magazines, clips, or other devices that store ammunition in a ready state
          to be loaded into a firearm;

                    ( ) Firearm silencers, mufflers, or other devices designed and intended to reduce the
          audible report of a firearm;

                    ( ) Knives, saps, and other bladed or blunt-impact defensive weapons;

                    () Optical devices, lights, lasers, sights, or scopes used or intended to be used while
          attached to or in conjunction with a firearm, including those which allow the user to see in low
          light or no light conditions or to view the thermal spectrum;

                    ( ) Other accessories or products used or intended to be used in association or
          conjunction with a qualified product;

                    ( ) lasers, stun guns, pepper spray, and other defensive weapons which utilize
          electricity or capsaicinoids;

          SECTION 10. Tennessee Code Annotated, Section 29-42-101, is amended by deleting
subdivision (11) and substituting:

                    (11) "Seller" means a person distributing, selling, or transferring a qualified product in
          this state.

          SECTION 11. Tennessee Code Annotated, Section 29-42-102, is amended by deleting "A
person shall not bring a qualified civil liability action in a court in this state" and substituting "A
person shall not bring a qualified civil liability action in this state".

          SECTION 12. Tennessee Code Annotated, Section 29-42-102(3), is amended by deleting "or
negligence per:se".

          SECTION 13. Tennessee Code Annotated, Section 29-42-102(4), is amended by deleting "or
licensed" wherever it appears and by deleting "knowingly" wherever it appears and substituting
"intentionally".

          SECTION 14. Tennessee Code Annotated, Section 29-42-102, is amended by designating
the current language as subsection (a) and adding the following new subsections:

                    (b) 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.

                    (c) 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

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SB 1360

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.

          (d) If a litigant seeks to enforce, pursuant to the Uniform Enforcement of Foreign
Judgments Act or otherwise, a foreign judgment or award against a dealer, manufacturer, or
seller of a qualified product, then the litigant and the litigant's attorney must certify that
enforcement of the foreign judgment does not violate the public policy of this state. The
burden of proof in an action to enforce a foreign judgment in this state is on the plaintiff to
demonstrate by clear and convincing evidence that the basis for liability under the foreign
judgment would not have been barred by this section if the action had been brought as a
qualified civil liability action in this state. If the court determines that the foreign judgment
does violate the public policy of this state, then the court shall dismiss the action to enforce
the foreign judgment with prejudice. The court shall award a judgment against the judgment
creditor and the judgment creditor's attorneys, jointly and severally, in favor of the dealer,
manufacturer, or seller of a qualified product for three times the value of the foreign judgment
attempted to be domesticated, plus attorney fees and costs incurred defending against
enforcement of the foreign judgment.

         SECTION 15. Tennessee Code A,nnotated, Section 39-17-1314(a), is amended by deleting
"devise, licensing" and substituting "devise, loan, licensing".

         SECTION 16. Tennessee Code Annotated, Section 39-17-1314(b), is amended by deleting
"by ordinance, resolution, policy, rule or other enactment" and substituting "by ordinance or
resolution".

         SECTION 17. Tennessee Code Annotated, Section 39-17-1314, is amended by deleting
subdivision (b)(2) and substituting:

         (2) The discharge of firearms within the boundaries of the applicable city, county,
town, municipality, or metropolitan government, to the extent that such regulation is
expressly authorized by state law;

         SECTION 18. Tennessee Code Annotated, Section 39-17-1314(b)(3), is amended by
deleting "regulation of privately owned" and substituting "regulation concerning the location of
privately owned".

         SECTION 1.9. Tennessee Code Annotated, Section 39-17-1314(b)(4), is amended by
deleting "any state or federal law" and substituting "any state law".

          SECTION 20. Tennessee Code Annotated, Section 39-17-1314(c), is amended by deleting
"do not constitute a nuisance per se" and substituting "do not per se constitute a nuisance, civil
conspiracy, negligent entrustment, or unlawful business practice".

         SECTION 21. Tennessee Code Annotated, Section 39-17-1314, is amended by deleting
subsection (e).

         SECTION .22. Tennessee Code Annotated, Section 39-17-1314(f), is amended by deleting
"of knives and no city" and substituting "of knives and other weapons and no city" and by deleting
"transportation of knives." and substituting "transportation of knives or other weapons.".

         SECTION 23. Tennessee Code Annotated, Section 39-17-1314(h)(1)(C), is amended by
deleting "Is or was" and substituting "Is, was, or will be" and by deleting "is or was subject" and
substituting "1s, was, or will be subject" and by deleting "is or was physically present" and
substituting "is, was,. or intends to be physically present";

SECTION 24. If any provision of this act or its application to any person or circumstance is

held invalid, then the invalidity does not affect other provisions or applications of the act that can be

given effect without the invalid provision or application, and to that end, the provisions of this act are

severable.  •

SECTION 25. This act takes effect July 1, 2025, the public welfare requiring it.

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         SENATE BILL NO. 1360

PASSED:  April 15, 2025

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                         '                  RANDI McNALLY

                            SPEAKER OF THE SENATE

                              •

                         CAMERO~TON,SPEAKER
                         HOUSE OF REPRESENTATIVES

            ,.Q,. ~                         2025

APPROVED this :J. day of tv\CA

         ~~
                        BILL LEE, GOVERNOR
Every fact on this page links to its source, starting with the official bill record.