Chapter definitions

Tenn. Code Ann. § 29-42-101, under Civil Actions Against Arms Dealers, Manufacturers, and Sellers.

Tenn. Code Ann. § 29-42-101

(1) As used in this chapter:(1) “Ammunition” means loaded firearm ammunition, an ammunition or cartridge case, primer, bullet, or propellant designed for use in a firearm;(2) “Dealer” means a person who is licensed to engage in business as a dealer in this state in accordance with § 39-17-1316 and 18 U.S.C. § 923;(3) “Defective condition” means a condition:(A) Of a product that renders it unsafe for normal or foreseeable handling; and(B) That is the result of the dealer, manufacturer, or seller's negligent deviation from the qualified product design or quality;(4) “Engaged in the business” has the same meaning as defined under 18 U.S.C. § 921(a)(21), and, as applied to a seller of ammunition, means a person who devotes time, attention, and labor to the sale of ammunition as a regular course of trade or business through the sale or distribution of ammunition;(5) “Firearm” has the same meaning as defined under § 39-11-106, 18 U.S.C. § 921(a)(3), and 26 U.S.C. § 5845(a);(6) “Manufacturer” means a person who is:(A) Engaged in the business of manufacturing a qualified product; and(B) (i) Incorporated, formed, or registered in this state; or(ii) Headquartered or maintaining a place of business in this state;(7) “Negligent entrustment” means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know by clear and convincing evidence that the person to whom the product is supplied intends to, and does, use the product in a criminal manner involving physical injury to others;(8) “Person” means an individual, corporation, company, association, firm, partnership, society, joint stock company, governmental entity, or other entity;(9) “Qualified civil liability action” means a civil action or proceeding, arbitration proceeding, or administrative proceeding brought by a person against a manufacturer or seller of a qualified product for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by a person, or resulting from a theory of liability construing the manufacture, marketing, or sale of qualified products as tortious or the breach of a legal duty;(10) “Qualified product” means:(A) A firearm;(B) A firearm or ammunition part or component;(C) Ammunition;(D) Antique firearms, as defined in § 39-11-106;(E) Body armor;(F) Devices that assist in increasing the rapidity with which a user may discharge a semiautomatic firearm;(G) Firearm magazines, clips, or other devices that store ammunition in a ready state to be loaded into a firearm;(H) Firearm silencers, mufflers, or other devices designed and intended to reduce the audible report of a firearm;(I) Knives, saps, and other bladed or blunt-impact defensive weapons;(J) Optical devices, lights, lasers, sights, or scopes used or intended to be used while attached to or in conjunction with a firearm, including those which allow the user to see in low light or no light conditions or to view the thermal spectrum;(K) Other accessories or products used or intended to be used in association or conjunction with a qualified product; or(L) Tasers, stun guns, pepper spray, and other defensive weapons which utilize electricity or capsaicinoids; and(11) “Seller” means a person distributing, selling, or transferring a qualified product in this state.

(1) “Ammunition” means loaded firearm ammunition, an ammunition or cartridge case, primer, bullet, or propellant designed for use in a firearm;

(2) “Dealer” means a person who is licensed to engage in business as a dealer in this state in accordance with § 39-17-1316 and 18 U.S.C. § 923;

(3) “Defective condition” means a condition:(A) Of a product that renders it unsafe for normal or foreseeable handling; and(B) That is the result of the dealer, manufacturer, or seller's negligent deviation from the qualified product design or quality;

(A) Of a product that renders it unsafe for normal or foreseeable handling; and

(B) That is the result of the dealer, manufacturer, or seller's negligent deviation from the qualified product design or quality;

(4) “Engaged in the business” has the same meaning as defined under 18 U.S.C. § 921(a)(21), and, as applied to a seller of ammunition, means a person who devotes time, attention, and labor to the sale of ammunition as a regular course of trade or business through the sale or distribution of ammunition;

(5) “Firearm” has the same meaning as defined under § 39-11-106, 18 U.S.C. § 921(a)(3), and 26 U.S.C. § 5845(a);

(6) “Manufacturer” means a person who is:(A) Engaged in the business of manufacturing a qualified product; and(B) (i) Incorporated, formed, or registered in this state; or(ii) Headquartered or maintaining a place of business in this state;

(A) Engaged in the business of manufacturing a qualified product; and

(B) (i) Incorporated, formed, or registered in this state; or(ii) Headquartered or maintaining a place of business in this state;

(i) Incorporated, formed, or registered in this state; or

(ii) Headquartered or maintaining a place of business in this state;

(7) “Negligent entrustment” means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know by clear and convincing evidence that the person to whom the product is supplied intends to, and does, use the product in a criminal manner involving physical injury to others;

(8) “Person” means an individual, corporation, company, association, firm, partnership, society, joint stock company, governmental entity, or other entity;

(9) “Qualified civil liability action” means a civil action or proceeding, arbitration proceeding, or administrative proceeding brought by a person against a manufacturer or seller of a qualified product for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by a person, or resulting from a theory of liability construing the manufacture, marketing, or sale of qualified products as tortious or the breach of a legal duty;

(10) “Qualified product” means:(A) A firearm;(B) A firearm or ammunition part or component;(C) Ammunition;(D) Antique firearms, as defined in § 39-11-106;(E) Body armor;(F) Devices that assist in increasing the rapidity with which a user may discharge a semiautomatic firearm;(G) Firearm magazines, clips, or other devices that store ammunition in a ready state to be loaded into a firearm;(H) Firearm silencers, mufflers, or other devices designed and intended to reduce the audible report of a firearm;(I) Knives, saps, and other bladed or blunt-impact defensive weapons;(J) Optical devices, lights, lasers, sights, or scopes used or intended to be used while attached to or in conjunction with a firearm, including those which allow the user to see in low light or no light conditions or to view the thermal spectrum;(K) Other accessories or products used or intended to be used in association or conjunction with a qualified product; or(L) Tasers, stun guns, pepper spray, and other defensive weapons which utilize electricity or capsaicinoids; and

(A) A firearm;

(B) A firearm or ammunition part or component;

(C) Ammunition;

(D) Antique firearms, as defined in § 39-11-106;

(E) Body armor;

(F) Devices that assist in increasing the rapidity with which a user may discharge a semiautomatic firearm;

(G) Firearm magazines, clips, or other devices that store ammunition in a ready state to be loaded into a firearm;

(H) Firearm silencers, mufflers, or other devices designed and intended to reduce the audible report of a firearm;

(I) Knives, saps, and other bladed or blunt-impact defensive weapons;

(J) Optical devices, lights, lasers, sights, or scopes used or intended to be used while attached to or in conjunction with a firearm, including those which allow the user to see in low light or no light conditions or to view the thermal spectrum;

(K) Other accessories or products used or intended to be used in association or conjunction with a qualified product; or

(L) Tasers, stun guns, pepper spray, and other defensive weapons which utilize electricity or capsaicinoids; and

(11) “Seller” means a person distributing, selling, or transferring a qualified product in this state.