In a move to further hold gun manufacturers and retailers accountable in California, Gov. $123.9 billion education package today signed Assemblyman Phil Ting's AB 1594, a bill that would allow for civil lawsuits against the gun industry.
Thus, the bill empowers residents, the state attorney general and local governments to sue the gun industry for the harm their products cause when they fail to follow our state's strict gun laws.
The threat of civil litigation is intended to push the gun industry to be more responsible and improve its practices. AB 1594 takes effect on July 1, 2023.
"It is well known that almost all industries are held accountable when their products cause harm or injury, all except one, the gun industry. Well, the gun lobby has spent millions of dollars to shield itself from any accountability today. California is going to change that and they will no longer be able to hide from the massive destruction they have caused. I will sign a bill into law that will allow Californians to sue irresponsible gun manufacturers and distributors," said Gavin Newsom.
Through a video broadcast on his Twitter account, the governor specified that "if you have been injured or a member of your family is a victim of gun violence, you can now go to court and hold the manufacturers of these deadly weapons accountable."
"Our families and communities deserve to live without the worry of gun violence and with Assemblyman Ting's bill, gun manufacturers will finally be held accountable for their role in this crisis," he stressed.
So far this year, there have been more than 300 mass shootings in the United States, according to the Armed Violence Archive.
"Gun violence is now the leading cause of death among children and teens in the United States, surpassing automobile accidents. I see no better argument for stricter gun safety legislation," said Assemblyman Ting.
"For too long, the firearms industry has enjoyed federal immunity from civil lawsuits, which provides them no incentive to follow our laws. Reaching their bottom line may finally force them to step up to reduce gun violence by preventing illegal sales and theft," he added.
While the Protection of Lawful Commerce in Arms Act (PLCAA) enacted in 2005 protects gun manufacturers and dealers from civil liability when their products are used to commit crimes, there is an exception to the federal statute if those companies and dealers violate state laws.
Using those grounds, Ting believes that those responsible for the illegal manufacture, sale, distribution and marketing of firearms can be held liable under California law when such activities create a public nuisance, defined as contributing to conditions that endanger the health or safety of others or engaging in unfair business practices. A federal court upheld a similar New York law in May.
"There have been more mass shootings in our nation than there are days in a year, and yet many members of the gun industry continue to use a combination of intimidation, exploitation and fear to amass profits from the very tools used in these shootings," Attorney General Rob Bonta said in a statement.
"There is no reason why the gun industry should be the only industry exempt from responsibility for the harm their products cause, especially when their products are responsible for the deaths of thousands of Americans every year. In California, we refuse to settle for thoughts and prayers while innocent lives are lost; we demand and will deliver urgent action now," she stressed.
The gun industry's responsibilities are already spelled out in California law, including rigorous background checks, prevention of sham purchases, a requirement to sell safety devices with every firearm, and a ban on the sale or manufacture of assault weapons. Violations of those statutes could be the basis for a lawsuit when someone is killed or injured.
The families of Sandy Hook successfully sued Remington, resulting in a $73 million settlement earlier this year. Their lawsuit alleged that the manufacturer's marketing of the AR-15 style rifle appealed to troubled men like the shooter in violation of Connecticut consumer law.
The result shows that legal action at the state level is possible despite the federal shield. And a judge recently dismissed a case challenging a New York law that is similar to AB 1594, further validating that Ting's proposal has a sound legal basis.
AB 1594 is among the package of gun bills that the governor requested be fast-tracked earlier this year.
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