The proposed bill amends Title 18 of the Pennsylvania Consolidated Statutes by introducing a new section, 6143, which establishes the offense of negligent marketing related to firearms. Under this new provision, it is unlawful for individuals to bring a negligent marketing action against a manufacturer or seller unless specific conditions are met. These conditions include that the marketing must directly target individuals prohibited from owning firearms, encourage unlawful use of firearms, and demonstrate a substantial causal link between the marketing and the harm suffered. Additionally, the manufacturer or seller must have willfully violated a regulatory statute that caused the harm.
The bill also mandates that any action brought in violation of these conditions must be dismissed by the court, which will award reasonable attorney fees and costs to the defending party. Furthermore, manufacturers or sellers harmed by such actions are granted the right to file counterclaims or separate actions for damages and can recover attorney fees and costs if they prevail. The bill includes definitions for key terms such as "firearm," "manufacturer," "negligent marketing," and "regulatory statute," and emphasizes that the section should be strictly construed. The act is set to take effect 60 days after its passage.