S. 4775

Stopping Harmful and Outrageous Torts Act

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Sec. 5. Preemption

The Protection of Lawful Commerce in Arms Act (15 U.S.C. 7901 et seq.), as amended by section 4 of this Act, is amended by adding at the end the following:

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3B. Preemption. The provisions of this Act expressly preempt any State and local laws (including regulations) that specifically impose liability on qualified product manufacturers, sellers, and trade associations, or that attempt to do so in a generally applicable manner insofar as the State or local law (including regulations) allows for civil actions, civil proceedings, and administrative proceedings for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal misuse, alteration, or modification of a qualified product under any theory of liability, including any statutory claim arising from tort or contract.