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'The gun industry can no longer hide': California law to hold gun makers accountable [1]

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Date: 2022-07-13

Newsom announced the law in a video statement on Tuesday, noting that “nearly every industry is held to account when their products cause harm or injury.

“All except one: the gun industry,” the governor said. “Today, California is going to change that. They can no longer hide from the mass destruction that they have caused.”

x Irresponsible gun manufacturers and distributors can no longer hide from the mass destruction they have caused in California. With @AsmPhilTing's bill, victims of gun violence can go to court and hold the makers of these deadly weapons accountable. pic.twitter.com/aEskHjQ5hs — Office of the Governor of California (@CAgovernor) July 12, 2022

According to the governor’s office, while gun manufacturers are typically protected from civil lawsuits under the 2005 federal Protection of Lawful Commerce in Arms Act, they can still be held liable for negligence or breach of contract.

California’s new Firearm Industry Responsibility Act works within an exemption of the 2005 federal law by allowing lawsuits to proceed if gun makers violate state laws related to the sale and marketing of firearms, the office said.

Sponsors of the law told The Los Angeles Times that the provisions in place are to deter manufacturers from supplying dealers who sell guns used often used in crimes.

According to a 2000 study by the Bureau of Alcohol, Tobacco Firearms, and Explosives, almost 90% of the firearms recovered by law enforcement officials were traced back to 7% of gun dealers and pawnbrokers. According to the Times, recent data is not available because of a 2003 federal law barring the feds from sharing these statistics with the public.

"Gun violence is now the leading cause of death among kids and teens in the United States, surpassing car accidents. I see no better argument for stronger gun safety legislation," said Assemblymember Phil Ting, who co-authored the bill. "For far too long, the firearms industry has enjoyed federal immunity from civil lawsuits, providing them no incentive for them to follow our laws."

The law also follows a trend of deadly mass shootings across the country, which have sparked conversation on America’s issue of gun violence. According to NBC News, other states like New York have similar laws in place.

In addition to this new law, the state already bans the sale of assault weapons to adults and to people under 21 years old, as well as the sale of high-capacity magazines.

"To the victims of gun violence and their families: California stands with you. The gun industry can no longer hide from the devastating harm their products cause," Newsom said in a news release.

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[1] Url: https://www.dailykos.com/stories/2022/7/13/2110122/--The-gun-industry-can-no-longer-hide-California-law-to-hold-gun-makers-accountable

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