A bill that allows individuals, local governments, and the state’s Attorney General to sue irresponsible manufacturers and sellers of firearms for the harm caused by their products was signed into law Tuesday, Gov. Gavin Newsom’s office announced.
Assembly Bill 1594 was introduced by Assemblymembers Phil Ting (D-San Francisco), Mike A. Gipson (D-Carson), and Chris Ward (D-San Diego) to create a conduct code beginning July 2023 for gunmakers and dealers. Individuals that suffer harm from violations can sue.
The bill prohibits a firearm industry member in the state from manufacturing, importing, offering for wholesale sale, or offering for the retail sale of firearm-related products that is “abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety”.
“To the victims of gun violence and their families: California stands with you. The gun industry can no longer hide from the devastating harm their products cause,” Newsom said. “Our kids, families, and communities deserve streets free of gun violence, and gun makers must be held accountable for their role in this crisis. Nearly every industry is held liable when people are hurt or killed by their products – guns should be no different.
The bill would also authorize a court that determines that a firearm industry member has engaged in the prohibited conduct to award various reliefs, including injunctive relief, damages, and attorney’s fees and costs.
A recent study from the Violence Prevention Research Program at the University of California, Davis found that California’s red flag law was used to stop 58 threatened mass shootings.
Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005, which shields gun manufacturers and dealers from civil suits when crimes are committed using the guns they produce. An exemption to the federal statute was utilized by AB 1594, which allows gunmakers or sellers to be sued for violating state laws surrounding the sale or marketing of firearms.
The bill cites the Second Amendment to the United States Constitution, which holds that “a well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
“While it is clear that states have authority to regulate firearms, any robust regulation, such as this bill, will be susceptible to challenge,” reads the bill.
In opposition to the bill, the National Rifle Association asserted that AB 1594 “seeks to frustrate law-abiding gun owners and firearms industry by empowering tort attorneys and politically-motivated public attorneys to drive firearm, ammunition, and firearm accessories manufacturers, wholesalers, and dealers out of business with frivolous litigation.
In support of the bill, groups which include Everytown for Gun Safety, Moms Demand Action for Gun Sense in America, and Students Demand Action for Gun Sense in America asserted that it will ensure “valid civil claims can be brought against the gun industry for their dangerous, negligent, and even unlawful actions”.
“The possibility of civil liability will not only provide civil justice to victims and survivors but also encourage the gun industry to act responsibly to help stem the tide of crime guns that harm Californians, particularly in urban areas where communities of color are disproportionately harmed. Having operated with special protections for years, the industry has had no financial incentive to curb irresponsible conduct and instead puts profits over people. The prospect of civil liability can lead to safer products and better conduct that the industry has resisted for years,” proponents of the bill wrote.
Last month, Newsom announced $156 million in gun violence prevention grants as part of the California Violence Intervention and Prevention Grant Program (CalVIP). The funding will support 79 cities and nonprofit organizations implementing anti-violence programs suited to the needs of their communities.
