Stopping Harmful and Outrageous Torts Act
Sponsored By: Representative Schmidt, Derek [R-KS-2]
Introduced
Summary
Rewrites federal immunity for gun makers and dealers. It would remake who is protected under the Protection of Lawful Commerce in Arms Act and change which lawsuits can go forward by redefining key terms and exceptions.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 4 benefits, 0 costs, 1 mixed.
Legal shield for gun makers and sellers
If enacted, this bill would create a federal immunity that bars most civil suits, administrative proceedings, and similar claims against firearm manufacturers, sellers, and trade groups for harms that result from someone else’s criminal or unlawful misuse, alteration, or modification of a covered firearm product. The law would list six kinds of exceptions (for example, certain negligent-entrustment claims, some contract or warranty claims, some design-or-manufacturing-defect injuries, and claims tied to specified criminal or export law violations). The bill would preempt State and local laws that impose liability of the kind barred here. The bill would also require courts to dismiss any covered lawsuits pending on the date this law took effect, and it would bar foreign states or governments from bringing or using the listed exceptions in such suits.
Faster appeals and fee recovery
If enacted, the bill would let a defendant (like a manufacturer, seller, or trade group) take an immediate appeal as of right from any court order that denies a motion to dismiss based on the Act. If a defendant wins by showing the statutory immunity applies, the defendant would be entitled to reasonable attorney fees and court costs. These rules would take effect when the law is enacted.
Move gun cases to federal court
If enacted, the bill would let a manufacturer, seller, or trade association remove a state-court action to federal court if the defendant makes a colorable claim that at least one claim is covered by the Act. The federal court could keep related claims that arise from the same facts and defendants would have 30 days after a determination of proper removal to file a motion to dismiss. A district court could retain remaining claims for judicial economy, and remand orders under this rule would be immediately appealable.
New definitions for covered firearm products
If enacted, the bill would redefine key terms. A "qualified product" would include firearms (including antique firearms), ammunition, and parts or accessories that moved in interstate or foreign commerce, such as magazines or optical devices. "Engaged in the business" would mean regularly devoting time, attention, and labor to selling, making, or importing those products. The bill would also narrow "negligent entrustment" to situations where a seller knew or reasonably should have known the buyer was likely to use the product dangerously, and it would expand "commerce" to expressly cover owners and employees.
Higher pleading rules for gun claims
If enacted, the bill would require people bringing claims that fit the Act’s listed exceptions to plead detailed facts showing scienter and proximate cause. The bill would define proximate cause to mean the plaintiff was directly injured by the defendant’s allegedly unlawful conduct. Courts would be required to decide as a matter of law whether the pleaded facts establish proximate cause. These rules would make it harder for some plaintiffs to survive early challenges while giving defendants clearer grounds to move to dismiss.
Sponsors & CoSponsors
Sponsor
Schmidt, Derek [R-KS-2]
KS • R
Cosponsors
Rep. Grothman, Glenn [R-WI-6]
WI • R
Sponsored 6/11/2026
Rep. Moore, Blake D. [R-UT-1]
UT • R
Sponsored 6/15/2026
Rep. Owens, Burgess [R-UT-4]
UT • R
Sponsored 6/15/2026
Rep. Hurd, Jeff [R-CO-3]
CO • R
Sponsored 6/15/2026
Rep. Crank, Jeff [R-CO-5]
CO • R
Sponsored 6/15/2026
Rep. Kustoff, David [R-TN-8]
TN • R
Sponsored 6/22/2026
Rep. Smith, Adrian [R-NE-3]
NE • R
Sponsored 6/24/2026
Rep. Scott, Austin [R-GA-8]
GA • R
Sponsored 6/24/2026
Rep. Harrigan, Pat [R-NC-10]
NC • R
Sponsored 6/24/2026
Rep. Cline, Ben [R-VA-6]
VA • R
Sponsored 6/25/2026
Rep. Ezell, Mike [R-MS-4]
MS • R
Sponsored 6/29/2026
Rep. Jack, Brian [R-GA-3]
GA • R
Sponsored 6/30/2026
Rep. Biggs, Sheri [R-SC-3]
SC • R
Sponsored 6/30/2026
Rep. Sessions, Pete [R-TX-17]
TX • R
Sponsored 6/30/2026
Rep. McCormick, Richard [R-GA-7]
GA • R
Sponsored 6/30/2026
Rep. Langworthy, Nicholas A. [R-NY-23]
NY • R
Sponsored 7/13/2026
DesJarlais
TN • R
Sponsored 7/13/2026
Rep. Fleischmann, Charles J. "Chuck" [R-TN-3]
TN • R
Sponsored 7/13/2026
Rep. Stauber, Pete [R-MN-8]
MN • R
Sponsored 7/13/2026
Rep. Shreve, Jefferson [R-IN-6]
IN • R
Sponsored 7/13/2026
Rep. Comer, James [R-KY-1]
KY • R
Sponsored 7/14/2026
Rep. Rulli, Michael A. [R-OH-6]
OH • R
Sponsored 7/14/2026
Rep. Bean, Aaron [R-FL-4]
FL • R
Sponsored 7/20/2026
Rep. Tenney, Claudia [R-NY-24]
NY • R
Sponsored 7/20/2026
Rep. Mills, Cory [R-FL-7]
FL • R
Sponsored 7/20/2026
Rep. Gooden, Lance [R-TX-5]
TX • R
Sponsored 7/20/2026
Rep. Yakym, Rudy [R-IN-2]
IN • R
Sponsored 7/20/2026
Rep. Boebert, Lauren [R-CO-4]
CO • R
Sponsored 7/20/2026
Rep. Loudermilk, Barry [R-GA-11]
GA • R
Sponsored 7/21/2026
Hudson
NC • R
Sponsored 7/21/2026
Rep. Alford, Mark [R-MO-4]
MO • R
Sponsored 7/22/2026
Rep. Cammack, Kat [R-FL-3]
FL • R
Sponsored 7/22/2026
Rep. Calvert, Ken [R-CA-41]
CA • R
Sponsored 7/22/2026
Rep. Wagner, Ann [R-MO-2]
MO • R
Sponsored 7/23/2026
Rep. Norman, Ralph [R-SC-5]
SC • R
Sponsored 7/23/2026
Rep. Moore, Barry [R-AL-1]
AL • R
Sponsored 7/27/2026
Rep. Fine, Randy [R-FL-6]
FL • R
Sponsored 7/27/2026
Rep. Evans, Gabe [R-CO-8]
CO • R
Sponsored 7/27/2026
Rep. Fry, Russell [R-SC-7]
SC • R
Sponsored 8/10/2026
Rep. Pfluger, August [R-TX-11]
TX • R
Sponsored 8/10/2026
Rep. Taylor, David J. [R-OH-2]
OH • R
Sponsored 8/10/2026
Rep. Strong, Dale W. [R-AL-5]
AL • R
Sponsored 8/10/2026
Rep. Thompson, Glenn [R-PA-15]
PA • R
Sponsored 8/10/2026
Rep. Hill, J. French [R-AR-2]
AR • R
Sponsored 8/10/2026
Rep. Letlow, Julia [R-LA-5]
LA • R
Sponsored 8/10/2026
Rep. Gosar, Paul A. [R-AZ-9]
AZ • R
Sponsored 8/10/2026
Rep. Jackson, Ronny [R-TX-13]
TX • R
Sponsored 8/10/2026
Rep. Webster, Daniel [R-FL-11]
FL • R
Sponsored 8/20/2026
Rep. Moolenaar, John R. [R-MI-2]
MI • R
Sponsored 8/20/2026
Rep. Gill, Brandon [R-TX-26]
TX • R
Sponsored 8/20/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov