Senate Bill 1748 (2026) — Evidence in civil actions relating to firearms
SB 1748
Florida Bills
Florida Senate - 2026 SB By Senator Trumbull 2-01441A-26 20261748__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to evidence in civil actions relating to firearms; creating s. 790.3315, F.S.; defining terms; providing that the absence of certain mechanisms or features may not be used as evidence of a defective product design, negligence, a duty to warn, strict liability, or evidence to support similar claims; providing construction; providing an effective date. 9
Be It Enacted by the Legislature of the State of Florida: 11
Section
Section 790.3315, Florida Statutes, is created to read: 14 790.3315 Evidence in certain civil actions relating to firearms.— 16
(1) As used in this section, the term: 17
(a) “Authorized user recognition technology” means a mechanism, device, or technology applied to a firearm which prevents an unauthorized user from firing the firearm. 20
(b) “External manual safety” means a manually operated mechanism that, when engaged, blocks the trigger from functioning. 23
(c) “Firearm” has the same meaning as in s. 790.001. 24
(d) “Loaded chamber indicator” means a mechanism or feature intended to indicate to the firearm user that a cartridge is in the firing chamber of the firearm. 27
(e) “Magazine disconnect mechanism” means a mechanism that prevents a semiautomatic firearm from firing when the detachable Florida Senate - 2026 SB 1748 2-01441A-26 20261748__ CODING: Words stricken are deletions; words underlined are additions. magazine is not fully inserted in the firearm. 30
(2) For purposes of a product liability action involving a firearm, evidence of a defective product design, negligence, a duty to warn, strict liability, or evidence to support similar claims may not include the absence of any of the following mechanisms or features: 35
(
a) An authorized user recognition technology. 36
(
b) An external mechanical safety, including, but not limited to, a hinged, pivoting, or tabbed trigger safety. 38
(
c) A loaded chamber indicator. 39
(
d) A magazine disconnect mechanism. 40
(
e) Any mechanism or feature that would perform the same function as a mechanism or feature described in paragraphs (a)-42 (d). 43
(3) This
section may not be construed to limit liability for a firearm manufacturer in cases where the claimant establishes that the firearm contained an actual manufacturing defect or failed to operate in a manner consistent with the manufacturer’s express warranty or representations. 48