Page:United States Statutes at Large Volume 119.djvu/2115

 PUBLIC LAW 109–92—OCT. 26, 2005

119 STAT. 2097

(b) DISMISSAL OF PENDING ACTIONS.—A qualified civil liability action that is pending on the date of enactment of this Act shall be immediately dismissed by the court in which the action was brought or is currently pending. SEC. 4. DEFINITIONS.

15 USC 7903.

In this Act: (1) ENGAGED IN THE BUSINESS.—The term ‘‘engaged in the business’’ has the meaning given that term in section 921(a)(21) of title 18, United States Code, 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 with the principal objective of livelihood and profit through the sale or distribution of ammunition. (2) MANUFACTURER.—The term ‘‘manufacturer’’ means, with respect to a qualified product, a person who is engaged in the business of manufacturing the product in interstate or foreign commerce and who is licensed to engage in business as such a manufacturer under chapter 44 of title 18, United States Code. (3) PERSON.—The term ‘‘person’’ means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (4) QUALIFIED PRODUCT.—The term ‘‘qualified product’’ means a firearm (as defined in subparagraph (A) or (B) of section 921(a)(3) of title 18, United States Code), including any antique firearm (as defined in section 921(a)(16) of such title), or ammunition (as defined in section 921(a)(17)(A) of such title), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. (5) QUALIFIED CIVIL LIABILITY ACTION.— (A) IN GENERAL.—The term ‘‘qualified civil liability action’’ means a civil action or proceeding or an administrative proceeding brought by any 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 the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include— (i) an action brought against a transferor convicted under section 924(h) of title 18, United States Code, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted; (ii) an action brought against a seller for negligent entrustment or negligence per se; (iii) an action 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— (I) any case in which the manufacturer or seller knowingly made any false entry in, or failed to make appropriate entry in, any record required

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