Bill > HB2138

This bill establishes a new offense called "negligent marketing" related to firearms and other dangerous articles in Pennsylvania, creating strict conditions under which a lawsuit can be brought against a manufacturer or seller for such marketing. Specifically, a lawsuit is only permitted if the negligent marketing directly targeted individuals legally prohibited from owning firearms, encouraged or facilitated their unlawful use, and there's a direct link between the marketing and the harm suffered by the plaintiff, with the manufacturer or seller having knowingly violated a specific regulatory statute that caused the harm. If an action is brought in violation of these conditions, the court must dismiss it and award attorney fees and costs to the defendant, who can also pursue a counterclaim or separate action for damages and relief. The bill defines key terms like "firearm," "manufacturer," "seller," and "negligent marketing," clarifying that "regulatory statute" refers to federal or state laws explicitly regulating firearms or ammunition with clear duties for manufacturers and sellers, and excludes consumer protection or public nuisance laws.

Justice

https://www.palegis.us/legislation/bills/2025/hb2138