Tennessee Enhances Legal Shields for Firearms Industry

The Tennessee Legislature has advanced legislation that would substantially strengthen legal safeguards for firearms industry participants operating within the state.

Senate Bill 1360 has successfully navigated both legislative chambers with robust support and now awaits Governor Bill Lee's approval to become law.

While the federal Protection of Lawful Commerce in Arms Act (PLCAA) enacted in 2005 provides nationwide protection for gun manufacturers and sellers against frivolous litigation targeting legally manufactured and lawfully sold products, many states have implemented additional state-level protections to reinforce these safeguards.

Tennessee initially passed its own version of the PLCAA in 2023. The newly proposed legislation builds upon this foundation by:

1. Extending legal protections to include private sellers, suppressor manufacturers, and magazine producers
2. Prohibiting Tennessee courts from recognizing or enforcing judgments from out-of-state or foreign courts that contradict Tennessee's Second Amendment-supportive policies
3. Imposing triple damages penalties on out-of-state plaintiffs and their legal representatives who attempt to enforce unfavorable judgments within Tennessee courts

The legislation stipulates: "In a qualified civil liability action brought against a dealer, manufacturer, or seller of a qualified product, the complaint must allege that the dealer, manufacturer, or seller of the qualified product directly caused the damages alleged. The burden of proof is on the plaintiff to demonstrate by clear and convincing evidence that the civil liability action is not barred by this section. If a court determines a civil liability action is barred by this section, then the court shall dismiss the civil liability action with prejudice for failure to state a claim upon which relief can be granted."

Further provisions declare: "To protect the individual right to keep and bear arms, as guaranteed by both the constitution of this state and the United States Constitution, by fostering a robust marketplace to ensure ready access to arms and accompanying accoutrements, it is the public policy of this state not to allow recovery against a dealer, manufacturer, or seller of a qualified product for qualified civil liability actions or other causes of action resulting from or relating to the criminal or unlawful misuse of qualified products by third parties, public nuisance or market share theories of liability, or any other theory of liability not recognized by the laws of this state."

With firearm industry leaders including Beretta and Smith & Wesson having already relocated operations to Tennessee, these enhanced protections are expected to attract additional firearms-related businesses to the state. Several pro-firearm organizations, including Gun Owners of America (GOA), have expressed support for the legislation.

Erich Pratt, GOA's senior vice president, praised the development as cementing Tennessee's status as a firearms industry-friendly jurisdiction.

"Tennessee just made itself one of the most pro-gun states in America," Pratt stated in a press release. "With this law, radical anti-gun groups can no longer weaponize courts in California or New York to attack the Second Amendment industry in Tennessee. This is exactly the kind of bold leadership our movement needs to see across the country."

Chris Stone, GOA's director of state affairs, described the Tennessee measure as "a game-changer for protecting lawful commerce in firearms," adding that "it ensures that Tennessee businesses—and gun owners—are shielded from weaponized lawsuits coming from anti-gun states. GOA thanks Tennessee's lawmakers for their leadership and urges other states to adopt this model."