The change comes after California Gov. Gavin Newsom signed Assembly Bill 1594, co-sponsored by state Assemblymen Phil Ting of San Francisco, Mike A. Gibson of Carson and Chris Ward of San Diego. “Guns manufacturers and distributors have been shielded from the mass destruction they cause for far too long,” Newsom said in a Twitter post that included a video of himself holding up the signed bill. “Today, CA changes that. I just signed a bill into law that will allow victims of gun violence to sue the manufacturers of these deadly weapons and hold them accountable.” Weapons manufacturers and distributors have been shielded from the mass destruction they cause for far too long. Today, CA is changing that. I just signed a bill that will allow victims of gun violence to sue the makers of these deadly weapons and hold them accountable. pic.twitter.com/S0AlrrkhML — Gavin Newsom (@GavinNewsom) July 12, 2022 The bill — now a new law — “allows individuals, local governments and the California Attorney General” to take legal action against gun manufacturers and gun sellers, according to a statement about the bill. At the federal level, the Protection of Lawful Commerce in Firearms Act of 2005 (PLCAA) “largely protects firearms manufacturers and dealers from lawsuits when people use their products illegally, such as by shooting someone,” NBC News reported on April 2021. Other industries, such as “pharmaceutical companies and airlines, have special immunity from certain types of lawsuits,” contrary to comments President Joe Biden made last year saying the firearms industry was unique in the protections it had. Additionally, while gun manufacturers have significant protections thanks to the PLCAA, they are not completely immune from lawsuits, as shown by the settlement between Sandy Hook parents and gun manufacturer Remington. But the California bill still marks a major shift in the legal challenges gun manufacturers can face. “AB 1594 uses an exception to federal statute that allows gun manufacturers or sellers to be sued for violations of state laws related to the sale or marketing of firearms,” the release explains. “For too long, the firearms industry has enjoyed federal immunity from civil lawsuits, giving it no incentive to follow our laws,” Ting said in the bill’s announcement. “Getting to the bottom of it may eventually force them to move toward reducing gun violence by preventing illegal sales and theft.” California is not the first state to pass its own law allowing residents to sue gun manufacturers at the state level, despite federal protections. A federal judge in May dismissed a lawsuit against New York state by the National Shooting Foundation over a similar state law there.
