15 U.S.C. § 7903 — Definitions

For this chapter: (1) “Engaged in the business” has section 921(a)(21) of title 18’s meaning; for an ammunition seller it means regularly devoting time, attention, and labor to ammunition sales or distribution mainly for livelihood and profit. (2) “Manufacturer” means a licensed person engaged in manufacturing a qualified product in interstate or foreign commerce. (3) “Person” includes an individual, business, association, partnership, society, joint-stock company, other entity, and government entity. (4) “Qualified product” means a firearm, antique firearm, ammunition, or firearm or ammunition component covered by the cited title 18 definitions that was shipped or transported in interstate or foreign commerce. (5)(A) “Qualified civil liability action” means a civil, administrative, or other proceeding by any person against a qualified-product manufacturer or seller, or trade association, seeking damages, punitive damages, injunction, declaration, abatement, restitution, fines, penalties, or other relief for criminal or unlawful misuse by the person or a third party. It excludes: (i) an action against a transferor convicted under section 924(h) of title 18 or comparable State felony law, brought by the person directly harmed by that conduct; (ii) negligent-entrustment or negligence-per-se actions against a seller; (iii) an action where the manufacturer or seller knowingly violated an applicable State or Federal sale or marketing law and that violation proximately caused the harm, including knowingly false or missing required records or aiding, abetting, or conspiring in material false statements, and aiding, abetting, or conspiring to sell to a buyer known or reasonably believed barred from firearm or ammunition possession or receipt under section 922(g) or (n); (iv) contract or warranty actions; (v) actions for death, physical injury, or property damage directly from a design or manufacturing defect when used as intended or reasonably foreseeable, except a criminal volitional discharge makes that act the sole proximate cause; and (vi) Attorney General proceedings enforcing title 18 chapter 44 or title 26 chapter 53. (B) “Negligent entrustment” means a seller supplying a product to someone the seller knows or reasonably should know is likely to use it, and does use it, in a way creating unreasonable physical-injury risk. (C) Exceptions (i)-(v) must be read consistently, and the chapter creates no public or private action or remedy. (D) The chapter does not limit a person under 17’s right to damages under Federal or State law in a civil action meeting one of (i)-(v). (6) “Seller” means a licensed interstate or foreign-commerce importer or dealer, or a person regularly selling title 18-defined ammunition wholesale or retail. (7) “State” includes the States, listed territories and possessions, and their political subdivisions. (8) “Trade association” means a qualifying nonprofit corporation or association described in section 501(c)(6) of title 26, with at least two manufacturer or seller members. (9) “Unlawful misuse” means conduct violating a statute, ordinance, or regulation as it relates to using a qualified product.