California Assembly Endorses Plan to Allow Citizens to Sue Those Who Provide Dangerous Firearms

A first-in-the-nation law that enables private citizens to sue manufacturers of “dangerous” firearms passed on Monday in the Assembly.

The bill, backed by Gov. Newsom, returns to the Senate for consideration later in the week.

Sen. Bob Hertzberg, D-Van Nuys, sponsored Senate Bill 1327, notes that the state Legislature “declares that the proliferation of firearms to and among young people poses a threat to the health, safety, and security of all residents of, and visitors to, this state.”

The wording of the bill calls firearms “especially dangerous in the hands of young people,” because research shows the “are more impulsive, more likely to engage in risky and reckless behavior, unduly influenced by peer pressure, motivated more by rewards than costs or negative consequences, less likely to consider the future consequences of their actions and decisions, and less able to control themselves in emotionally arousing situations.”

The bill continues: “In recognition of these facts, the Legislature has previously prohibited licensed firearm dealers from selling a firearm to a person under 21 years of age, subject to certain exemptions. This state has a compelling interest in further restricting the proliferation of firearms among those under 21 years of age.”

According to an analysis by the Assembly, the bill would make it a violation to do either of the following:

• Purchase, sell, offer to sell, or transfer ownership of any firearm precursor part in this state that is not a federally regulated firearm precursor part.
• Sell, supply, deliver, or give possession or control of a firearm to any person who is under 21 years of age.

It also authorizes any person, other than an officer or employee of a state or local governmental entity, to bring a civil action against anyone who knowingly does any of the following:

• Violates any of the above;
• Engages in conduct that aids or abets a violation, regardless of whether the person knew or should have known that the person aided or abetted would be in violation; or
• Commits an act with the intent to engage in the conduct described above.

The bill passed on a 50-19 vote in the Assembly.

Topics Lawsuits California Gun Liability