January 23, 2026 – A bill currently under consideration in South Carolina – HB 4723 – aims to strengthen protections for firearms manufacturers and sellers in the state against lawsuits that attempt to hold them liable for the actions of criminals who misuse their otherwise lawfully made and sold firearms. If passed, South Carolina would be the latest state to offer additional protections to members of the firearms industry beyond the safeguards provided under the federal Protection of Lawful Commerce in Arms Act of 2005 (“PLCAA”).
South Carolina’s proposed law would shield law-abiding firearms manufacturers, retailers, and owners from lawsuits that clog the court system and place an incredible strain on the firearms industry. As with the PLCAA, South Carolina’s proposed law does not prevent a firearms manufacturer or seller from being sued in cases of criminal wrongdoing by the company or alleged product defects. One key way that the language of HB 4723 differs from the PLCAA is with regard to what is commonly referred to as the “predicate exception.” Under the PLCAA, actions against firearms manufacturers based upon a knowing violation of “a State of Federal statute applicable to the sale or marketing of the product” do not constitute a “qualified civil liability action” where the violation “was a proximate cause of the harm.” South Carolina’s proposed law would add a small – but very important – word to that same definition, requiring that the violation be “the sole proximate cause” of the harm. This is a much higher bar for potential plaintiffs to clear.
At the same time, New Hampshire is also considering a number of different firearms-related bills. The proposed bills are a mix of pro-Second Amendment and anti-Second Amendment.
Among the pro-Second Amendment bills are HB 1365 and HB 1793. HB 1365 is intended to eliminate the need for those applying for concealed carry permits to provide character references and employment information on applications. If passed, this would be a positive development for privacy rights. HB 1793 would preserve the rights of college students to protect themselves on campuses by carrying firearms or other defensives weapons like stun guns, and pepper spray.
New Hampshire is also considering two other bills – HB 1642 and HB 1378. HB 1642 would establish Extreme Risk Protection Orders, which are orders that “temporarily restrict access to firearms by individuals who are found to pose an immediate or significant risk to themselves or others.” Measures such as these, commonly referred to as Red Flag laws, can easily be abused to limit Second Amendment rights because they provide limited due process to firearm owners before their firearms are confiscated.
HB 1387 is a much more targeted strike at firearms manufacturers, because its purpose is to repeal RSA 507-D:6, which is New Hampshire’s PLCAA companion law. Like the PLCAA, the New Hampshire statute currently in effect protects firearms manufacturers and sellers from baseless lawsuits. Renzulli Law Firm used RSA-507-D:6 to have a case dismissed against one of its clients in 2022 where the PLCAA would not have been sufficient to grant immunity prior to trial.
Renzulli Law Firm, LLP will continue to monitor new and developing firearm related laws and litigation around the country. If you have any questions concerning firearms-related legislation or regulation, please contact Christopher Renzulli.