CA Bill Could Make It Easier For Californians To Sue Gun-Makers

SAN FRANCISCO, CA — A new bill announced by Democratic lawmakers this week would make it easier for Californians to sue gun companies for injuries and deaths caused by their firearms.

The draft legislation was aimed at getting around a U.S. law that prevents such lawsuits and empowers gun manufacturers to sell high-capacity firearms.

California Assemblymember Phil Ting of San Francisco unveiled the bill, AB 1594, on Tuesday.

"We must make our communities safer. Almost every industry in the United States can be held liable for what their products do, but the gun industry is not held to the same standard. Financial repercussions may finally push them to be more responsible by improving their practices and adhering to California’s strict gun laws," Ting said in a statement.

The bill was modeled after a New York law that was challenged in court by gun-makers who argued it's an illegal overreach.

The California bill was co-authored by Assemblymembers Chris Ward of San Diego and Mike Gipson of Carson. Gipson's son, Devon Gipson; his son's fiancee, Jennifer Salazar; and a second man, Gary Patrick Moody, were shot in Los Angeles in April 2020. Devon Gipson and Salazar survived, but Moody was killed.

“This is absolutely personal to me,” said Gipson, a former police officer.

Sam Paredes, executive director of Gun Owners of California, compared the bill to suing Gov. Gavin Newsom because he owns a winery and people have misused his products by drinking and driving.

"He can't ban guns, but he's going to try to bankrupt lawful firearms-related businesses," Paredes said.

The new proposal came just weeks after Gov. Gavin Newsom vowed to make it easier for private citizens to sue manufacturers or other citizens who sell assault rifles or parts for ghost guns in the Golden State, a plan that mirrored the measure enacted by lawmakers in Texas to ban most abortions.

"If states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people's lives, where Texas used it to put women in harm's way," Newsom said in an emailed statement.

Newsom's administration will work with the state Legislature and Attorney General Rob Bonta to outline a law that would let private citizens sue to enforce California's ban on assault weapons, Newsom said.

Those who sue could win up to $10,000 per violation, plus other costs and attorneys fees, from "anyone who manufactures, distributes, or sells an assault weapon" in California. The Texas law awards citizens $10,000 if they sue abortion clinics and prevail.

"If the most efficient way to keep these devastating weapons off our streets is to add the threat of private lawsuits, we should do just that," Newsom said.

The bill announced on Tuesday differed from Newsom's proposal. Ting said his legislation allowed people and governments to sue gun manufacturers or dealers for liability in shooting deaths or injuries — a key difference from the Texas abortion law, which is only enforceable by private lawsuits.

Ting, Ward and Gipson hope to finalize AB 1594's details by the end of January, with hearings to begin in the spring.

California has some of the most stringent laws about guns in the U.S., including a three-decade ban on the manufacture and sale of many assault-style weapons.

READ MORE: Newsom Vows To Ban Assault Guns Using Texas Abortion Ban Tactics

The Associated Press contributed to this report.