Pennsylvania HB 2138: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, providing for the offense of negligent marketing.

Bill Text

PRINTER'S NO. 2763
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2138
Session of
2026
INTRODUCED BY PICKETT, HAMM, KUZMA, OLSOMMER, WALSH, COOK, BANTA
AND KAUFFMAN, JANUARY 13, 2026
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 14, 2026
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for the offense of negligent marketing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6143. Negligent marketing.
(a) Action prohibited.--It is unlawful for a person to bring
an action for negligent marketing against a manufacturer or
seller unless all of the following conditions are satisfied:
(1) The negligent marketing directly targeted
individuals who are legally prohibited from owning firearms.
(2) The negligent marketing encouraged or facilitated
the unlawful use of firearms.
(3) There is a direct and substantial causal link
between the negligent marketing and the harm suffered by the
plaintiff.
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(4) The manufacturer or seller willfully and knowingly
violated a regulatory statute that proximately caused harm to
the person.
(b) Dismissal required.--The court shall dismiss an action
brought in violation of subsection (a) and shall award
reasonable attorney fees and costs incurred by a party defending
the claim.
(c) Counterclaim and right of action.--
(1) A manufacturer or seller harmed by an action brought
by a person in violation of subsection (a) may bring a
counterclaim or a separate action for damages and injunctive
relief against the person.
(2) A manufacturer or seller who prevails in a
counterclaim or separate action brought under this subsection
shall be entitled to recover reasonable attorney fees and
costs.
(d) Construction.--This section shall be strictly construed.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Firearm." As defined in 18 U.S.C. § 921(a)(3) (relating to
definitions).
"Manufacturer." A person engaged in the business of
manufacturing firearms or ammunition for sale or distribution.
"Negligent marketing." An advertising, promotion or
marketing practice by a manufacturer or seller that directly
poses a foreseeable and substantial risk of harm to a purchaser
of the manufacturer's or seller's firearm or ammunition or to
specific identifiable individuals.
"Regulatory statute." As follows:
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(1) Federal or State statute that:
(i) explicitly regulates firearms or ammunition; and
(ii) provides clear and concrete duties that a
manufacturer or seller must meet.
(2) The term does not include a consumer protection law
or public nuisance law of this Commonwealth.
"Seller." A person engaged in the business of selling
firearms or ammunition at wholesale or retail.
Section 2. This act shall take effect in 60 days.
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