Bill > H4723

This bill establishes the South Carolina Protection of Lawful Commerce in Arms Act, which aims to shield firearms dealers, manufacturers, sellers, and trade associations from most civil liability lawsuits related to the misuse of their products. The bill defines a wide range of "qualified products" including firearms, ammunition, body armor, and various firearm accessories, and significantly limits when such entities can be sued. Specifically, lawsuits are only permitted in very narrow circumstances, such as when the defendant was directly involved in a crime, committed negligent entrustment (knowingly supplying a product to someone likely to use it criminally), violated specific state or federal statutes, breached a product contract, or caused harm through a demonstrable product defect. The bill places a high burden of proof on plaintiffs, requiring them to provide clear and convincing evidence that their lawsuit falls within these exceptions. Moreover, the bill includes provisions to prevent enforcement of foreign judgments that would be prohibited under South Carolina law. The underlying policy goal is to protect the constitutional right to bear arms by ensuring that firearms-related businesses are not unduly burdened by litigation, reflecting a broader legislative intent to support Second Amendment rights and maintain a robust firearms marketplace.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4723&session=126&summary=B