Gun manufacturers and dealers could face additional lawsuits under a bill passed by the Connecticut House of Representatives on Wednesday.
The Firearm Industry Responsibility Act would open gun makers and dealers to lawsuits if they sell or market to anyone likely to commit violence.
But opponents called the bill “a trial lawyer’s dream” that will do little to make the state safer.
SANDY HOOK LAWSUIT
After a shooter killed 26 people at Sandy Hook Elementary, victims’ families sued gun maker Remington. But it took years of legal battles because most manufacturers enjoy broad immunity under federal law.
On Wednesday, the Connecticut House approved legislation making it easier for victims, municipalities and the state attorney general to file civil suits. Manufacturers and stores could face lawsuits if they don't use “reasonable controls” to keep guns, unfinished parts, ammunition, and magazines away from dangerous people.
That includes reckless marketing of firearms.
“If they know they’re going to use it to engage in violence, if they know they’re going to use it to promote an unlawful use,” said state Rep. Steve Stafstrom (D-Bridgeport), co-chair of the Legislature’s Judiciary Committee. “If you know your products are getting into the hands of gun traffickers – and there’s a way for you to prevent that from happening and you’re not doing it – this would allow a civil action in that instance as well.”
“TRIAL LAWYER’S DREAM”
Gun stores believe the proposal could put them out of business.
“How can a business be expected to predict every possible misuse of an item?” Joshua Serafino, owner of Lock N Load Firearms in Southington, told lawmakers last month. “The real problem isn’t legal gun sales. It’s illegal gun trafficking, repeat offenders and a lack of law enforcement action against violent criminals.”
Democrats narrowed the
original bill’s scope, but Republicans are still opposed.
“This is probably a trial lawyer’s dream. I don’t think it does anything to make Connecticut residents safer from gun violence,” said House GOP leader Vin Candelora (R-North Branford). “It’s going to impact everyone's insurance. So regardless if a single lawsuit is brought, the moment this bill passes, insurance companies are going to reevaluate their liability policies.”
CLOSING A LOOPHOLE
A new version of the bill unveiled this week also closes a potential loophole.
People convicted of violent misdemeanors in other states within the last 20 years – things like inciting a riot – could no longer obtain a pistol permit.
“Unfortunately, our law only applies to misdemeanors in Connecticut,” Stafstrom told reporters. “And if you’re convicted of a similar offense in another state, and then move into Connecticut, the automatic disqualifier does not apply.”
But one lawmaker said the change conflicts with the
Clean Slate Law, which automatically erases most misdemeanors after seven years.
“If somebody comes to Connecticut, let’s say, 15 years ago. They had a conviction out of, let’s say, New York,” said state Rep. Craig Fishbein (R-Wallingford). “The Connecticut resident who had the similar conviction – but it was a Connecticut conviction – that would have been erased. It’s potentially treating two different Connecticut residents differently.”
WHAT’S NEXT?
The Firearm Industry Responsibility Act now heads to the state Senate, which it is expected to pass easily.