Tennessee lawmakers are poised to pass sweeping legal protections for firearms manufacturers and sellers through legislation championed by gun rights organizations as a shield against anti-gun lawfare.
The bill aims to strengthen the state’s version of the Protection of Lawful Commerce in Arms Act (PLCAA) while limiting civil liability actions against firearms manufacturers and sellers. House Bill, HB 873, was introduced on February 4, 2025. It makes substantial revisions to Tennessee’s laws regarding civil liability for firearms manufacturers and sellers.
The bill states that any private lawsuits filed against firearms or ammunition manufacturers, trade associations, or dealers must be brought specifically as “qualified civil liability actions.” This means that such legal actions must meet certain strict criteria to proceed through the courts. It also broadens the scope of what counts as a “qualified product.” Under the new definition, not only firearms and ammunition but also items like knives, body armor, pepper spray, silencers, and other weapons-related products are included.
Another important change is that the bill removes “unreliability” as a sufficient reason to label a qualified product as defective. In other words, just because a product is unreliable does not automatically mean it is legally considered defective.
The legislation further raises the bar for negligent entrustment cases by requiring that a claimant must show actual physical injury occurred, rather than just an unreasonable risk of physical injury. This change makes it harder for plaintiffs to pursue negligent entrustment claims.
Protections are also expanded under HB 873 to cover not only licensed dealers and manufacturers but also private individuals who sell firearms. This means that private sellers will enjoy the same legal safeguards as commercial firearms businesses.
The bill places new limitations on “public nuisance” claims against the firearms industry, making it much more difficult to sue gun makers or dealers on those grounds. Furthermore, HB 873 includes significant definitional updates: it clarifies that loaded firearm ammunition qualifies as a protected product, and it requires that dealers must be licensed under both state and federal law to receive these protections.
Another notable provision declares that “frivolous, anti-gun litigation” is contrary to Tennessee’s public policy. It grants state courts the power to refuse to recognize judgments from other states that were obtained against “domestic industry members” in the event those judgments conflict with Tennessee law.
Pro-gun organizations like Gun Owners of America have actively worked with Tennessee elected officials to craft the bill and have been enthusiastically supporting it. The organization describes HB 873 as legislation that will “protect the Second Amendment rights of manufacturers and citizens,” emphasizing its dual benefit for producers and the broader public. GOA also asserts that the bill will hold “anti-gun lawfare activists accountable,” addressing what it sees as a wave of legal actions intended to undermine gun rights.
The group goes further, calling the bill a “massive upgrade” to current legal protections. By characterizing it this way, GOA underscores the increased protection the bill would provide against lawsuits and legal challenges. GOA’s statements make it clear that they view HB 873 as crucial for strengthening the firearms industry’s defenses against what they refer to as “business-ending lawfare that anti-gun litigants had been waging against manufacturers and dealers alike.”
By contrast, gun control organizations have stood firmly opposed to HB 873 and its Senate counterpart. In a joint statement published on April 15, Everytown for Gun Safety, Moms Demand Action, and Students Demand Action argued that HB 873 and its Senate counterpart would “shield gun manufacturers from any civil liability when their products are used to cause harm, even when manufacturers and dealers act irresponsibly.
HB 873 has a companion bill in the Senate, SB 1360 that has made significant progress in the Tennessee General Assembly. SB 1360 was passed in the Senate by a 26-6 margin and in the House with 72 votes in favor and 20 against.
With Senate Bill 1360 being passed in the Senate and the House, Tennessee’s firearms industry stands on the brink of receiving unprecedented protections. Now, the bill awaits Gov. Bill Lee’s (R) signature.
About José Niño
José Niño is a freelance writer based in Austin, Texas. You can contact him via Facebook and X/Twitter. Subscribe to his Substack newsletter by visiting “Jose Nino Unfiltered” on Substack.com.
