---
kind: "section"
citation: "15 U.S.C. § 7903"
title: "15"
title_heading: "Commerce and Trade"
number: "7903"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/7903"
units:
  - "Chapter 105 — Protection of Lawful Commerce in Arms"
---

# §7903. Definitions


In this chapter:

- (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](/usc/18/921.md?p=a-21), and, as applied to a [seller](#6) of ammunition, means a [person](#3) 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](#4), a [person](#3) who is [engaged in the business](#1) 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.
- (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](/usc/18/921.md?p=a-3)), including any antique firearm (as defined in [section 921(a)(16)](/usc/18/921.md?p=a-16) of such title), or ammunition (as defined in [section 921(a)(17)(A)](/usc/18/921.md?p=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](#3) against a [manufacturer](#2) or [seller](#6) of a [qualified product](#4), or a [trade association](#8), for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or [unlawful misuse](#9) of a [qualified product](#4) by the [person](#3) or a third party, but shall not include—
    - (i) an action brought against a transferor convicted under [section 924(h) of title 18](/usc/18/924.md?p=h), or a comparable or identical [State](#7) felony law, by a party directly harmed by the conduct of which the transferee is so convicted;
    - (ii) an action brought against a [seller](#6) for [negligent entrustment](#5-B) or negligence per se;
    - (iii) an action in which a [manufacturer](#2) or [seller](#6) of a [qualified product](#4) knowingly violated a [State](#7) 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](#2) or [seller](#6) knowingly made any false entry in, or failed to make appropriate entry in, any record required to be kept under Federal or [State](#7) law with respect to the [qualified product](#4), or aided, abetted, or conspired with any [person](#3) in making any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale or other disposition of a [qualified product](#4); or
      - (II) any case in which the [manufacturer](#2) or [seller](#6) aided, abetted, or conspired with any other [person](#3) to sell or otherwise dispose of a [qualified product](#4), knowing, or having reasonable cause to believe, that the actual buyer of the [qualified product](#4) was prohibited from possessing or receiving a firearm or ammunition under subsection (g) or (n) of [section 922 of title 18](/usc/18/922.md);
    - (iv) an action for breach of contract or warranty in connection with the purchase of the product;
    - (v) an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or
    - (vi) an action or proceeding commenced by the Attorney General to enforce the provisions of [chapter 44](/usc/18/chptI/ch44.md) of title 18 or chapter 53 of title 26.
  - (B) **Negligent entrustment—** As used in [subparagraph (A)(ii)](#5-A-ii), the term “negligent entrustment” means the supplying of a [qualified product](#4) by a [seller](#6) for use by another [person](#3) when the [seller](#6) knows, or reasonably should know, the [person](#3) to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the [person](#3) or others.
  - (C) **Rule of construction—** The exceptions enumerated under clauses [(i)](#5-A-i) through [(v)](#5-A-v) of subparagraph (A) shall be construed so as not to be in conflict, and no provision of this chapter shall be construed to create a public or private cause of action or remedy.
  - (D) **Minor child exception—** Nothing in this chapter shall be construed to limit the right of a [person](#3) under 17 years of age to recover damages authorized under Federal or [State](#7) law in a civil action that meets 1 of the requirements under clauses [(i)](#5-A-i) through [(v)](#5-A-v) of subparagraph (A).
- (6) **Seller—** The term “seller” means, with respect to a [qualified product](#4)—
  - (A) an importer (as defined in [section 921(a)(9) of title 18](/usc/18/921.md?p=a-9)) who is [engaged in the business](#1) as such an importer in interstate or foreign commerce and who is licensed to engage in business as such an importer under [chapter 44](/usc/18/chptI/ch44.md) of title 18;
  - (B) a dealer (as defined in [section 921(a)(11) of title 18](/usc/18/921.md?p=a-11)) who is [engaged in the business](#1) as such a dealer in interstate or foreign commerce and who is licensed to engage in business as such a dealer under [chapter 44](/usc/18/chptI/ch44.md) of title 18; or
  - (C) a [person](#3) [engaged in the business](#1) of selling ammunition (as defined in [section 921(a)(17)(A) of title 18](/usc/18/921.md?p=a-17-A)) in interstate or foreign commerce at the wholesale or retail level.
- (7) **State—** The term “State” includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States, and any political subdivision of any such place.
- (8) **Trade association—** The term “trade association” means—
  - (A) any corporation, unincorporated association, federation, business league, professional or business organization not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual;
  - (B) that is an organization described in [section 501(c)(6) of title 26](/usc/26/501.md?p=c-6) and exempt from tax under [section 501(a)](/usc/15/501.md) of such title; and
  - (C) 2 or more members of which are [manufacturers](#2) or [sellers](#6) of a [qualified product](#4).
- (9) **Unlawful misuse—** The term “unlawful misuse” means conduct that violates a statute, ordinance, or regulation as it relates to the use of a [qualified product](#4).

## Source credit

(Pub. L. 109–92, § 4, Oct. 26, 2005, 119 Stat. 2097.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 109–92, Oct. 26, 2005, 119 Stat. 2095, known as the Protection of Lawful Commerce in Arms Act. For complete classification of this Act to the Code, see Short Title note set out under section 7901 of this title and Tables.