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.

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
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in firearms and other dangerous
 3      articles, providing for the offense of negligent marketing.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Title 18 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 6143.    Negligent marketing.
 9      (a)    Action prohibited.--It is unlawful for a person to bring
10   an action for negligent marketing against a manufacturer or
11   seller unless all of the following conditions are satisfied:
12             (1)   The negligent marketing directly targeted
13      individuals who are legally prohibited from owning firearms.
14             (2)   The negligent marketing encouraged or facilitated
15      the unlawful use of firearms.
16             (3)   There is a direct and substantial causal link
17      between the negligent marketing and the harm suffered by the
18      plaintiff.
 1            (4)   The manufacturer or seller willfully and knowingly
 2      violated a regulatory statute that proximately caused harm to
 3      the person.
 4      (b)   Dismissal required.--The court shall dismiss an action
 5   brought in violation of subsection (a) and shall award
 6   reasonable attorney fees and costs incurred by a party defending
 7   the claim.
 8      (c)   Counterclaim and right of action.--
 9            (1)   A manufacturer or seller harmed by an action brought
10      by a person in violation of subsection (a) may bring a
11      counterclaim or a separate action for damages and injunctive
12      relief against the person.
13            (2)   A manufacturer or seller who prevails in a
14      counterclaim or separate action brought under this subsection
15      shall be entitled to recover reasonable attorney fees and
16      costs.
17      (d)   Construction.--This section shall be strictly construed.
18      (e)   Definitions.--As used in this section, the following
19   words and phrases shall have the meanings given to them in this
20   subsection unless the context clearly indicates otherwise:
21      "Firearm."    As defined in 18 U.S.C. § 921(a)(3) (relating to
22   definitions).
23      "Manufacturer."    A person engaged in the business of
24   manufacturing firearms or ammunition for sale or distribution.
25      "Negligent marketing."    An advertising, promotion or
26   marketing practice by a manufacturer or seller that directly
27   poses a foreseeable and substantial risk of harm to a purchaser
28   of the manufacturer's or seller's firearm or ammunition or to
29   specific identifiable individuals.
30      "Regulatory statute."    As follows:

20260HB2138PN2763                    - 2 -
1          (1)     Federal or State statute that:
2                (i)    explicitly regulates firearms or ammunition; and
3                (ii)    provides clear and concrete duties that a
4          manufacturer or seller must meet.
5          (2)     The term does not include a consumer protection law
6      or public nuisance law of this Commonwealth.
7      "Seller."    A person engaged in the business of selling
8   firearms or ammunition at wholesale or retail.
9      Section 2.      This act shall take effect in 60 days.




20260HB2138PN2763                    - 3 -