Remedies and Special Proceedings - As enacted, removes the ability to bring a civil liability action for negligence per se against a seller of a qualified product; expands "qualified products" to include knives, body armor, pepper spray, silencers, and other certain products; requires physical injury for a negligent entrustment action rather than an unreasonable risk of physical injury; specifies that a person who will be subject to an ordinance in the future or reasonably intends to be physically present in the political subdivision is an adversely affected party for purposes of filing certain actions; makes various other changes regarding civil actions against arms dealers, manufacturers, and sellers and the preemption of local regulation of firearms. - Amends TCA Title 29, Chapter 42 and Title 39.

114th Regular Session (2025-2026) Introduced by Monty Fritts

Tennessee law removes negligence liability for firearm/weapon sellers unless physical injury occurs, expands protected products, and bars local gun regulations.

Comp. became Pub. Ch. 329

#remediesandspecialproceedings

Legislative bill overview

HB 873 significantly restricts civil liability lawsuits against sellers and manufacturers of firearms and certain weapons by removing negligence per se claims and raising the standard for negligent entrustment actions from "unreasonable risk" to actual "physical injury." The bill also expands the definition of protected "qualified products" to include knives, body armor, pepper spray, and silencers, and strengthens preemption of local firearm regulations.

Why this is important

This legislation fundamentally shifts legal liability in weapons-related cases, making it substantially harder for injured parties or their families to sue sellers and manufacturers for negligent sales practices. It also centralizes firearms regulation at the state level, preventing cities and counties from enacting stricter local gun safety ordinances, which affects public health policy autonomy at the municipal level.

Potential points of contention

Immunity expansion: Removing negligence per se claims eliminates accountability for selling weapons to known dangerous individuals, preventing juries from considering violations of existing safety laws

Injury requirement: The shift from "unreasonable risk" to actual physical injury means someone must be harmed before a negligent entrustment lawsuit can proceed, potentially preventing preventive legal action

Local authority preemption: Restricting cities' ability to regulate firearms conflicts with principles of local governance and may prevent communities from addressing their specific public safety concerns

Broad product expansion: Including knives, pepper spray, and body armor in liability protections extends immunity far beyond traditional firearms debates