
Colorado leads efforts to challenge industry immunity, with other states following suit in tightening gun laws.
In the wake of increasing mass shootings, lawmakers in Colorado, along with at least five other states, are working to curb the legal immunity that has shielded gun manufacturers and dealers from being held responsible for the misuse of their products. This new legislative push aims to hold the gun industry more accountable for the role it plays in mass violence.
Colorado’s proposed bill, which is expected to be formally introduced Thursday, seeks to repeal a 2000 law that has protected firearm companies from liability for crimes committed with their products. The bill also proposes a code of conduct that targets how firearms are marketed and designed, with particular attention to advertising practices that may appeal to vulnerable groups, such as young men at risk of violence.
The bill draws from recent high-profile cases, such as the 2012 Sandy Hook Elementary School shooting, where families of victims reached a $73 million settlement with the gun manufacturer. In that case, plaintiffs argued that the company’s marketing strategies, which aimed at young, at-risk men, contributed to the tragedy.
If passed, Colorado would join states like California, New York, Delaware, and New Jersey, all of which have recently passed similar laws. However, these states are now facing legal challenges, as a federal law passed in 2005 offers the gun industry broad immunity from lawsuits related to the use of its products.
Gun control advocates, including Ari Freilich from Giffords, argue that this exemption from accountability is unprecedented and harmful, preventing victims of gun violence from pursuing justice. Freilich believes that the new legislation will allow these victims to hold the gun industry accountable for failing to take reasonable precautions in designing and selling firearms.
Mark Oliva, of the National Shooting Sports Foundation, which has launched lawsuits against similar state laws, warns that Colorado’s bill would likely face significant legal challenges. He compares the situation to the case of Coors Brewing Company, arguing that if the beer manufacturer is not held responsible for drunk driving, gun manufacturers should not be held liable for how their customers use firearms.
Despite these concerns, the sponsors of Colorado’s bill argue that it offers some leeway, giving states the power to regulate the gun industry. For example, the bill would prevent companies from marketing firearms in a way that encourages illegal conversions, such as advertising semi-automatic rifles capable of holding large-capacity magazines, which are illegal in Colorado.
The bill also aims to eliminate a provision in Colorado law that requires plaintiffs to pay the defendant’s attorney fees if their case is dismissed. This provision previously led to the financial ruin of two parents of a woman killed in the 2012 Aurora theater shooting.
Rep. Sonya Jaquez Lewis, a Democrat and one of the bill’s sponsors, emphasised the importance of ensuring that victims, including those affected by the Club Q shooting, have access to the legal system. She also stated that the bill would help level the playing field with other industries that do not enjoy the same legal protections as the gun industry.
Supporters of the bill believe that by holding the industry liable, it will create an incentive for companies to better regulate themselves. Rep. Javier Mabrey, another sponsor, argued that civil liability would encourage the gun industry to adhere to existing laws.
However, the bill may face opposition from Republicans in Colorado’s statehouse. Republican Rep. Mike Lynch, the minority leader in the Colorado House, declined to comment on the bill, as he had not seen the draft. Senate President Steve Fenberg expressed support for the bill, stating his excitement about the legislation’s progress.
Governor Jared Polis has yet to publicly state his stance on the bill, leaving uncertainty around the potential for its passage.
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The first day’s journey was through the pink fields
The first day’s journey was through the pink fields
The first day’s journey was through the pink fields