California bill would let gun violence victims sue firearms industry

California bill would let gun violence victims sue firearms industry

By COLE LAUTERBACH THE CENTER SQUARE REGIONAL EDITOR (The Center Square) — California Democrats have introduced legislation that would allow private lawsuits against firearms manufacturers for gun violence perpetrated with their product, mirroring what Texans are empowered to do with abortion providers. Assemblymembers Phil Ting, D-San Francisco; Chris Ward, D-San Diego, and Mike A. Gipson, D-Carson, announced Tuesday they’ve filed Assembly Bill 1594. The bill amends current statute to allow private right of action against domestic gun manufacturers based on public nuisance laws. “A gun industry member shall have created or maintained a public nuisance, as defined in Section 3480, if their failure to follow federal, state, or local law caused injury or death or if the gun industry member engaged in unfair business practices,” the bill states. Lawmakers in New York State passed similar legislation last summer. After the bill was signed by former Gov. Andrew Cuomo, the National Shooting Sports Foundation filed a legal challenge, tying the law up in court before it could take effect. The goal of the bills is to get around a federal protection unique to the industry. The Protection of Lawful Commerce in Arms Act of 2005 gives firearms industry manufacturers immunity from civil liability law. However, it contains a clause that states like California and New York aim to use in allowing such legal action. Assemblymember Ting said in a release that the firearms industry should be held to the same legal standard as other companies. “Almost every industry in the […]

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