To clarify the definition of qualified civil liability action, and for other purposes.

1. 1

   Change 1: Replaces “including” through page 8, line 19 with new text

   ReplacesPage 7, line 19 through page 8, line 19Printed page

   Struck: including …

   Inserted: including, but not limited to--

   Inserted: "(I) any case in which the manufacturer or seller knowingly made any false entry in, or failed to make appropriate entry in, any record which such person is required to keep pursuant to State or Federal law, or aided, abetted or conspired with any person in making any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale or other disposition of a qualified product; or

   Inserted: "(II) any case in which the manufacturer or seller aided, abetted, or conspired with any other person to sell or otherwise dispose of a qualified product, 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;".

   Original wording

   On page 7, line 19, strike “including” and all that follows through page 8, line 19, and insert “including, but not limited to--

2. 2

   Change 2: Replaces “or in a manner that is reasonably foreseeable” with “, or when used in a manner that is reasonably foreseeable, except that such reasonably fo…”

   ReplacesPage 9, lines 1–2Printed page

   In S. 1805 · Placed on Calendar Senate

   (iv) an action for breach of contract or warranty in connection with the purchase of the product; or

   (v) an action for physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended[inserted: ,] or [inserted: when used ]in a manner that is reasonably foreseeable[inserted: , except that such reasonably foreseeable use shall not include any criminal or unlawful misuse of a qualified product, other than possessory offenses].[inserted: .]

   (B) Negligent entrustment.--As used in subparagraph (A)(ii), the term "negligent entrustment" means the supplying of a qualified product by a seller for use by another person when the seller knows, or 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.

   Original wording

   On page 9, lines 1 and 2, strike “or in a manner that is reasonably foreseeable” and insert “, or when used in a manner that is reasonably foreseeable, except that such reasonably foreseeable use shall not include any criminal or unlawful misuse of a qualified product, other than possessory offenses.”.

3. 3

   Change 3: Rewrites page 9, lines 12–21

   ReplacesPrinted page

   Removes page 9, lines 12–21 of the printed bill. See that page

   Inserted: (C) Rule of construction.--The exceptions enumerated under clauses (i) through (v) of subparagraph (A) are intended to be construed to not be in conflict, and no provision of this Act shall be construed to create a Federal private cause of action or remedy.

   Original wording

   On page 9, strike lines 12 through 21, and insert the following:

4. 4

   Change 4: Rewrites page 10, lines 13–18

   ReplacesPrinted page

   Removes page 10, lines 13–18 of the printed bill. See that page

   Inserted: (C) a person engaged in the business of selling ammunition (as defined under section 921(a)(17)(A) of title 18, United States Code) in interstate or foreign commerce at the wholesale or retail level, who is in compliance with all applicable Federal, State, and local laws.

   Original wording

   On page 10, strike lines 13 through 18, and insert the following:

5. 5

   Change 5: Replaces the semicolon on page 11, line 7 with “; and”

   ReplacesPrinted page

   …[struck: ;][inserted: ; and]

   Original wording

   On page 11, line 7, strike the semicolon and insert “; and”.

6. 6

   Change 6: Rewrites page 11, lines 8–15

   ReplacesPrinted page

   Removes page 11, lines 8–15 of the printed bill. See that page

   Inserted: (B) 2 or more members of which are manufacturers or sellers of a qualified product, and that is involved in promoting the business interests of its members, including organizing, advising, or representing its members with respect to their business, legislative, or legal activities in relation to the manufacture, importation, or sale of a qualified product.

   Original wording

   On page 11, strike lines 8 through 15, and insert the following:

7. 7

   Change 7: Rewrites page 11, lines 16–19

   ReplacesPrinted page

   Removes page 11, lines 16–19 of the printed bill. See that page

   Inserted: (9) Unlawful misuse.--The term "unlawful misuse" means conduct that violates a statute, ordinance, or regulation as it relates to the use of a qualified product.

   Original wording

   On page 11, strike lines 16 through 19, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed