Section 1. Section 53-5d-102 is amended to read:5d. Limitations on Actions Concerning Firearms and Firearm-Related Items53-5d-102. Definitions.As used in this chapter:(1)"Ammunition" means a bullet, a cartridge case, primer, propellant powder, or other ammunition designed for use in any firearm, either as an individual component part or in a completely assembled cartridge.(2)"Antique firearm" means the same as that term is defined in Section 76-11-101.(3)"Firearm" means the same as that term is defined in Section 76-11-101.(4)"Firearm accessory" means the same as that term is defined in Section 53-5a-401.(2)(5)(a)"Manufacturer" means, with respect to a qualified product, a person who is engaged in the business of manufacturing a qualified product and who is licensed to engage in business as a manufacturer under 18 U.S.C. Chapter 44.(b)"Manufacturer" includes an owner, director, officer, employee, or agent of a person described in Subsection (5)(a).(3)(6)(a)"Negligent entrustment" means the supplying of a qualified product by a seller for use by another personan individual when the seller knows, or reasonably should know, that the personindividual to whom the product is suppliedseller is supplying the qualified product is likely to, and does, use the qualified product in a manner involving unreasonable risk of physical injury to the person or others.individual's self or to another individual.(b)"Negligent entrustment" does not include a harm caused by an individual who was not entrusted with a qualified product directly by a seller.(7)"Proximate cause" means that a plaintiff's injury is directly caused by a defendant's alleged unlawful conduct.(4)"Person" means the same as that term is defined in Section 68-3-12.5.(5)(8)(a)"Qualified civil liability action" means a civil action or proceeding or an administrative proceeding brought by anya person 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, on the basis of, arising out of, or in relation to the criminal or unlawful misuse of a qualified product by the person or a third party.(b)"Qualified civil liability action" includes a claim:(i)asserted within:(A)a civil action or proceeding; or (B)an administrative proceeding; and(ii)under any theory of liability, including:(A)a statutory or common law claim; and(B)a claim arising under contract, tort, nuisance, or negligence law.(b)(c)"Qualified civil liability action" does not include:(i)an actiona claim brought against a transferor convicted under 18 U.S.C. Sec. 924(h) or Section 76-11-302Section 76-11-216 by a party directly harmed by the conduct of which the transferee was convicted;(ii)an actiona claim brought against a seller for negligent entrustment or negligence per se;(iii)an actiona claim in which a manufacturer or seller of a qualified product knowingly violated a state or federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought, including a statute in one of the following provisions and the statute's violation is the sole proximate cause of the harm for which the claim seeks relief:(A)any incident 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 statement with respect to any fact material to the lawfulness of the sale or other disposition of a qualified product; or(B)any case in which the manufacturer or seller aided, abetted, or conspired 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 ammunition under 18 U.S.C. Sec. 922(g) or (n) or Title 76, Chapter 11, Part 3, Persons Restricted Regarding Dangerous Weapons;(A)the Gun Control Act, 18 U.S.C. Sec. 921 et seq.; (B)the Arms Export Control Act, 22 U.S.C. Sec. 2778 et seq.;(C)the National Firearms Act, 26 U.S.C. Sec. 5801 et seq.;(D)the Export Control Reform Act, 50 U.S.C. Secs. 4801 to 4852; or(E)a requirement in Chapter 5a, Firearm Laws, Title 76, Chapter 11, Weapons, or another statute that provides an equivalent requirement to a federal law described in Subsections (8)(c)(iii)(A) through (D), such that the statute intentionally and exclusively imposes a specific and concrete obligation on a manufacturer or seller regarding the manner in which a qualified product is manufactured, distributed, or transferred to an unlicensed person, and does not include a claim premised on statutory or common law nuisance or negligence;(iv)an action a claim for breach of contract or warranty in connection with the purchase of the qualified product;(v)an action a claim for death, physical injuriesa physical injury, or property damage resulting directly from a defect in design or manufacture of the qualified product, when the qualified product is being lawfully used as intended or in a reasonably foreseeable manner, except that where the discharge of the qualified product was caused by a volitional act that constitutedmeets the elements of a criminal offense, then the volitional act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage; or(vi)an actiona claim or proceeding commenced to enforce the provisions of 18 U.S.C. Chapter 44, 26 U.S.C. Chapter 53, or Title 76, Chapter 11, Weapons.(6)(9)(a)"Qualified product" means a firearm or antique firearm, as defined in Section 76-11-101, ammunition, or a component part of a firearm or ammunition.:(i)ammunition;(ii)an antique firearm;(iii)a firearm; or(iv)a firearm accessory.(b)"Qualified product" includes a product that is intended to be included in, attached to, used while attached to, or used in conjunction with a firearm or ammunition.(7)(10)(a)"Seller" means, with respect to a qualified product, :(i)a federal firearms licensee, as defined in Section 53-5a-601.; or(ii)a person engaged in the business of selling a qualified product at the wholesale or retail level, including importing and exporting a qualified product.(b)"Seller" includes an owner, director, officer, employee, or agent of a person described in Subsection (10)(a).(c)"Seller" does not include a manufacturer.(8)(11)"Trade association" means: (a)any corporation, unincorporated association, federation, business league, or professional or business organization not organized or operated for profit and for which no part of the net earnings of which inures to the benefit of any private shareholder or individual;, if:(b)(a)anthe entity is an organization described in 26 U.S.C. Sec. 501(c)(6) and exempt from tax under 26 U.S.C. Sec. 501(a); and(c)(b)an organization, two or more members of whichthe entity are manufacturers or sellers of a qualified product.(9)(12)"Unlawful misuse" means conduct that violates a statute, ordinance, or regulation as itthe conduct relates to the use of a qualified product.