15 U.S.C. § 7903 — Definitions

Page 2393 TITLE 15—COMMERCE AND TRADE § 7903 actions by a maverick judicial officer or petit jury would expand civil liability in a manner never contemplated by the framers of the Con- stitution, by Congress, or by the legislatures of the several States. Such an expansion of li- ability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution. (8) The liability actions commenced or con- templated by the Federal Government, States, municipalities, private interest groups and others attempt to use the judicial branch to circumvent the Legislative branch of govern- ment to regulate interstate and foreign com- merce through judgments and judicial decrees thereby threatening the Separation of Powers doctrine and weakening and undermining im- portant principles of federalism, State sov- ereignty and comity between the sister States. (b) Purposes The purposes of this chapter are as follows: (1) To prohibit causes of action against man- ufacturers, distributors, dealers, and import- ers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as de- signed and intended. (2) To preserve a citizen’s access to a supply of firearms and ammunition for all lawful pur- poses, including hunting, self-defense, col- lecting, and competitive or recreational shoot- ing. (3) To guarantee a citizen’s rights, privi- leges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section 5 of that Amendment. (4) To prevent the use of such lawsuits to im- pose unreasonable burdens on interstate and foreign commerce. (5) To protect the right, under the First Amendment to the Constitution, of manufac- turers, distributors, dealers, and importers of firearms or ammunition products, and trade associations, to speak freely, to assemble peaceably, and to petition the Government for a redress of their grievances. (6) To preserve and protect the Separation of Powers doctrine and important principles of federalism, State sovereignty and comity be- tween sister States. (7) To exercise congressional power under ar- ticle IV, section 1 (the Full Faith and Credit Clause) of the United States Constitution. (Pub. L. 109–92, § 2, Oct. 26, 2005, 119 Stat. 2095.) Editorial Notes REFERENCES IN TEXT The Gun Control Act of 1968, referred to in subsec. (a)(4), is Pub. L. 90–618, Oct. 22, 1968, 82 Stat. 1213. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 18, Crimes and Criminal Procedure, and Tables. The National Firearms Act, referred to in subsec. (a)(4), is classified generally to chapter 53 (§ 5801 et seq.) of Title 26, Internal Revenue Code. See section 5849 of Title 26. The Arms Export Control Act, referred to in subsec. (a)(4), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For com- plete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Ta- bles. This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 109–92, Oct. 26, 2005, 119 Stat. 2095, known as the Protection of Lawful Commerce in Arms Act. For complete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 109–92, § 1, Oct. 26, 2005, 119 Stat. 2095, provided that: ‘‘This Act [enacting this chapter, amending sec- tions 922 and 924 of Title 18, Crimes and Criminal Proce- dure, and enacting provisions set out as notes under sections 921 and 922 of Title 18] may be cited as the ‘Protection of Lawful Commerce in Arms Act’.’’ § 7902. Prohibition on bringing of qualified civil liability actions in Federal or State court (a) In general A qualified civil liability action may not be brought in any Federal or State court. (b) Dismissal of pending actions A qualified civil liability action that is pend- ing on October 26, 2005, shall be immediately dis- missed by the court in which the action was brought or is currently pending. (Pub. L. 109–92, § 3, Oct. 26, 2005, 119 Stat. 2096.) § 7903. Definitions In this chapter: (1) Engaged in the business The term ‘‘engaged in the business’’ has the meaning given that term in section 921(a)(21) of title 18, and, as applied to a seller of ammu- nition, means a person who devotes time, at- tention, and labor to the sale of ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of ammuni- tion. (2) Manufacturer The term ‘‘manufacturer’’ means, with re- spect to a qualified product, a person who is engaged in the business of manufacturing the product in interstate or foreign commerce and who is licensed to engage in business as such a manufacturer under chapter 44 of title 18. (3) Person The term ‘‘person’’ means any individual, corporation, company, association, firm, part- nership, society, joint stock company, or any other entity, including any governmental en- tity. (4) Qualified product The term ‘‘qualified product’’ means a fire- arm (as defined in subparagraph (A) or (B) of section 921(a)(3) of title 18), including any an- tique firearm (as defined in section 921(a)(16) of such title), or ammunition (as defined in section 921(a)(17)(A) of such title), or a compo- Page 2394 TITLE 15—COMMERCE AND TRADE § 7903 nent part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. (5) Qualified civil liability action (A) In general The term ‘‘qualified civil liability action’’ means a civil action or proceeding or an ad- ministrative proceeding brought by any per- son against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include— (i) an action brought against a transferor convicted under section 924(h) of title 18, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so con- victed; (ii) an action brought against a seller for negligent entrustment or negligence per se; (iii) an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute appli- cable to the sale or marketing of the prod- uct, and the violation was a proximate cause of the harm for which relief is sought, including— (I) any case in which the manufacturer or seller knowingly made any false entry in, or failed to make appropriate entry in, any record required to be kept under Federal or State law with respect to the qualified product, or aided, abetted, or conspired with any person in making any false or fictitious oral or written state- ment with respect to any fact material to the lawfulness of the sale or other dis- position of a qualified product; or (II) any case in which the manufac- turer or seller aided, abetted, or con- spired with any other person to sell or otherwise dispose of a qualified product, knowing, or having reasonable cause to believe, that the actual buyer of the qualified product was prohibited from possessing or receiving a firearm or am- munition under subsection (g) or (n) of section 922 of title 18; (iv) an action for breach of contract or warranty in connection with the purchase of the product; (v) an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that con- stituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal in- juries or property damage; or (vi) an action or proceeding commenced by the Attorney General to enforce the provisions of chapter 44 of title 18 or chap- ter 53 of title 26. (B) Negligent entrustment As used in subparagraph (A)(ii), the term ‘‘negligent entrustment’’ means the sup- plying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the per- son to whom the product is supplied is likely to, and does, use the product in a manner in- volving unreasonable risk of physical injury to the person or others. (C) Rule of construction The exceptions enumerated under clauses (i) through (v) of subparagraph (A) shall be construed so as not to be in conflict, and no provision of this chapter shall be construed to create a public or private cause of action or remedy. (D) Minor child exception Nothing in this chapter shall be construed to limit the right of a person under 17 years of age to recover damages authorized under Federal or State law in a civil action that meets 1 of the requirements under clauses (i) through (v) of subparagraph (A). (6) Seller The term ‘‘seller’’ means, with respect to a qualified product— (A) an importer (as defined in section 921(a)(9) of title 18) who is engaged in the business as such an importer in interstate or foreign commerce and who is licensed to en- gage in business as such an importer under chapter 44 of title 18; (B) a dealer (as defined in section 921(a)(11) of title 18) who is engaged in the business as such a dealer in interstate or foreign com- merce and who is licensed to engage in busi- ness as such a dealer under chapter 44 of title 18; or (C) a person engaged in the business of selling ammunition (as defined in section 921(a)(17)(A) of title 18) in interstate or for- eign commerce at the wholesale or retail level. (7) State The term ‘‘State’’ includes each of the sev- eral States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the North- ern Mariana Islands, and any other territory or possession of the United States, and any po- litical subdivision of any such place. (8) Trade association The term ‘‘trade association’’ means— (A) any corporation, unincorporated asso- ciation, federation, business league, profes- sional or business organization not orga- nized or operated for profit and no part of the net earnings of which inures to the ben- efit of any private shareholder or individual; (B) that is an organization described in section 501(c)(6) of title 26 and exempt from tax under section 501(a) of such title; and (C) 2 or more members of which are manu- facturers or sellers of a qualified product. (9) Unlawful misuse The term ‘‘unlawful misuse’’ means conduct that violates a statute, ordinance, or regula- Page 2395 TITLE 15—COMMERCE AND TRADE § 8002 tion as it relates to the use of a qualified prod- uct. (Pub. L. 109–92, § 4, Oct. 26, 2005, 119 Stat. 2097.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 109–92, Oct. 26, 2005, 119 Stat. 2095, known as the Protection of Lawful Com- merce in Arms Act. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 7901 of this title and Tables. CHAPTER 106—POOL AND SPA SAFETY Sec. 8001. Findings. 8002. Definitions. 8003. Federal swimming pool and spa drain cover standard. 8004. Swimming pool safety grant program. 8005. Minimum State law requirements. 8006. Education and awareness program. 8007. CPSC report. 8008. Applicability. § 8001. Findings Congress finds the following: (1) Of injury-related deaths, drowning is the second leading cause of death in children aged 1 to 14 in the United States. (2) In 2004, 761 children aged 14 and under died as a result of unintentional drowning. (3) Adult supervision at all aquatic venues is a critical safety factor in preventing children from drowning. (4) Research studies show that the installa- tion and proper use of barriers or fencing, as well as additional layers of protection, could substantially reduce the number of childhood residential swimming pool drownings and near drownings. (Pub. L. 110–140, title XIV, § 1402, Dec. 19, 2007, 121 Stat. 1794.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. SHORT TITLE Pub. L. 110–140, title XIV, § 1401, Dec. 19, 2007, 121 Stat. 1794, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Virginia Graeme Baker Pool and Spa Safety Act’.’’ § 8002. Definitions In this chapter: (1) ASME/ANSI The term ‘‘ASME/ANSI’’ as applied to a safe- ty standard means such a standard that is ac- credited by the American National Standards Institute and published by the American Soci- ety of Mechanical Engineers. (2) Barrier The term ‘‘barrier’’ includes a natural or constructed topographical feature that pre- vents unpermitted access by children to a swimming pool, and, with respect to a hot tub, a lockable cover. (3) Commission The term ‘‘Commission’’ means the Con- sumer Product Safety Commission. (4) Covered entity The term ‘‘covered entity’’ means— (A) a State; or (B) an Indian Tribe. (5) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given that term in section 5304(e) of title 25. (6) Main drain The term ‘‘main drain’’ means a submerged suction outlet typically located at the bottom of a pool or spa to conduct water to a recircu- lating pump. (7) Safety vacuum release system The term ‘‘safety vacuum release system’’ means a vacuum release system capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to a suction outlet flow blockage. (8) Swimming pool; spa The term ‘‘swimming pool’’ or ‘‘spa’’ means any outdoor or indoor structure intended for swimming or recreational bathing, including in-ground and above-ground structures, and includes hot tubs, spas, portable spas, and non- portable wading pools. (9) Unblockable drain The term ‘‘unblockable drain’’ means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard. (10) State The term ‘‘State’’ has the meaning given such term in section 2052(a) of this title, and includes the Northern Mariana Islands. For purposes of eligibility for the grants author- ized under section 8004 of this title, such term shall also include any political subdivision of a State. (Pub. L. 110–140, title XIV, § 1403, Dec. 19, 2007, 121 Stat. 1795; Pub. L. 110–314, title II, § 238(1), Aug. 14, 2008, 122 Stat. 3076; Pub. L. 112–10, div. B, title V, § 1576(a), Apr. 15, 2011, 125 Stat. 139; Pub. L. 117–328, div. BB, title IV, § 401, Dec. 29, 2022, 136 Stat. 5562.) Editorial Notes AMENDMENTS 2022—Pars. (4) to (9). Pub. L. 117–328, § 401(a), added par. (4) and redesignated former pars. (4) to (8) as (6) to (9), respectively. Former par. (9) redesignated (10). Par. (10). Pub. L. 117–328, § 401(a)(1), (b), redesignated par. (9) as (10) and substituted ‘‘section 2052(a) of this title’’ for ‘‘section 2052(10) of this title’’. 2011—Par. (8). Pub. L. 112–10 inserted at end ‘‘For pur- poses of eligibility for the grants authorized under sec- tion 8004 of this title, such term shall also include any political subdivision of a State.’’ 2008—Par. (8). Pub. L. 110–314 added par. (8).