A person shall not bring a qualified civil liability action in a court in this state against a dealer, manufacturer, or seller of a qualified product, except under the following circumstances:

(1) The dealer, manufacturer, or seller was involved directly in the crime giving rise to the action;

Terms Used In Tennessee Code 29-42-102

  • Contract: A legal written agreement that becomes binding when signed.
  • Dealer: means a person who is licensed to engage in business as a dealer in this state in accordance with 18 U. See Tennessee Code 29-42-101
  • Manufacturer: means a person who is:
    (A) Engaged in the business of manufacturing a qualified product in intrastate commerce. See Tennessee Code 29-42-101
  • 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, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others. See Tennessee Code 29-42-101
  • Person: means an individual, corporation, company, association, firm, partnership, society, joint stock company, governmental entity, or other entity. See Tennessee Code 29-42-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Qualified civil liability action: means a civil action or proceeding or an 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. See Tennessee Code 29-42-101
  • Qualified product: means :
    (A) A firearm. See Tennessee Code 29-42-101
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Seller: means a person engaged in the business of selling a qualified product at wholesale or retail in this state. See Tennessee Code 29-42-101
  • Statute: A law passed by a legislature.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(2) An action brought against a transferor convicted under 18 U.S.C. § 924(h), by a party directly harmed by the conduct of which the transferor is so convicted;
(3) An action brought against a seller for negligent entrustment or negligence per se;
(4) An action in which a manufacturer or licensed seller or transferor of a qualified product knowingly violated a state or federal statute applicable to the sale or marketing of the product, and the violation was the sole proximate cause of the harm for which relief is sought, including a case in which the manufacturer or licensed seller or transferor knowingly made a false entry in, or intentionally failed to make appropriate entry in, any record required to be kept under federal or state law with respect to the qualified product, or aided, abetted, or conspired with a person in making a false or fictitious oral or written statement with respect to a fact material to the lawfulness of the sale or other disposition of a qualified product;
(5) An action for breach of contract or warranty in connection with the purchase of the product; or
(6) An action for death, physical injuries, 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 where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act is considered the sole proximate cause of any resulting death, personal injuries, or property damage.
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