Assembly members Phil Ting, D-San Francisco, Chris Ward, D-San Diego, and Mike A. Gipson, D-Carson announced Tuesday they’ve filed and are fighting to pass Assembly Bill 1594. The new CA bill amends the current statute to allow private right of action against domestic gun manufacturers based on public nuisance laws.
“A gun industry member shall have created or maintained a public nuisance, as defined in Section 3480, if their failure to follow federal, state, or local law caused injury or death or if the gun industry member engaged in unfair business practices,” the bill states.
AB 1594, as introduced, Ting. Firearms: civil suits.
Existing law defines a public nuisance and provides that a public nuisance may be remedied by an indictment or information, a civil action, or abatement. Existing law also regulates the manufacture, sale, and marketing of firearms.
This bill would specify that a gun industry member has created or maintained a public nuisance, as defined, if their failure to follow federal, state, or local law caused injury or death or if the gun industry member engaged in unfair business practices.
The people of the State of California do enact as follows:
SECTION 1. Part 2.5 (commencing with Section 3450) is added to Division 4 of the Civil Code, to read:
PART 2.5. Civil Suits Relating to Firearms
3450. A gun industry member shall have created or maintained a public nuisance, as defined in Section 3480, if their failure to follow federal, state, or local law caused injury or death or if the gun industry member engaged in unfair business practices.