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 Joey Hensley

Tennessee law removes liability protections for weapons sellers and blocks local firearm regulations via expanded legal standing to challenge ordinances preemptively.

Pub. Ch. 329

#remediesandspecialproceedings

Legislative bill overview

SB 1360 significantly limits civil liability lawsuits against sellers and manufacturers of firearms and related products (including knives, body armor, pepper spray, and silencers) by removing negligence per se claims and raising the burden of proof for negligent entrustment cases. The bill also expands who can challenge local firearms ordinances by broadening the definition of "adversely affected party" to include anyone who will be subject to future ordinances or intends to be present in an area.

Why is this important

This law substantially shields firearm and weapons retailers from civil liability, making it harder for injury victims to recover damages through lawsuits—a mechanism previously used to incentivize safer sales practices. It also weakens local governments' ability to enforce their own firearms regulations by making it easier for individuals to preemptively challenge ordinances before they take effect.

Potential points of contention

Liability shield impact: Removes a key enforcement mechanism that had encouraged responsible retail practices; may disproportionately affect victims of negligent sales who can no longer pursue civil remedies

Local authority erosion: Broadens standing to challenge local ordinances to people who merely "intend" to be present, potentially allowing out-of-state actors to block local regulations before implementation

Negligent entrustment standard: Requiring proof of actual physical injury (rather than unreasonable risk) eliminates preventive legal remedies and shifts all costs to victims rather than potentially negligent sellers

Scope creep: Grouping knives, pepper spray, and silencers with firearms suggests broader deregulation of weapons sales beyond just guns