Bill > HB78

This bill, titled the Protection of Lawful Commerce in Arms (PLCAA) Clarification Act of 2026, establishes significant liability protections for manufacturers and sellers of firearms and ammunition, referred to as "qualified products." It defines key terms like "manufacturer" and "seller" and creates a new category of lawsuit called a "qualified civil liability action," which generally cannot be brought against these entities if the harm arises from the criminal or unlawful misuse of a firearm or ammunition by someone other than the manufacturer or seller. The bill outlines specific exceptions to these protections, such as claims against a seller for negligent entrustment (providing a product to someone known to be likely to misuse it) or negligence per se, and for violations of federal or state laws specifically regulating how firearms are manufactured, distributed, or transferred to unlicensed individuals, provided such violations were the sole cause of the harm. It also clarifies that claims for breach of contract, warranty, or for direct harm from a design or manufacturing defect when lawfully used are not barred, unless the discharge was caused by a criminal act. The bill preempts local laws that attempt to impose similar liability and provides a special motion process for manufacturers and sellers to seek dismissal of lawsuits that violate these protections, with immediate appeals allowed. Furthermore, it grants the Attorney General enforcement authority and establishes a civil cause of action for manufacturers and sellers harmed by lawsuits brought in violation of these protections, allowing them to seek damages, costs, and attorney fees. The Act is declared an emergency measure, taking effect immediately upon becoming law.