Giffords Applauds Introduction of Legislation to Promote Gun Violence Victims’ Access to Justice in Colorado
Denver, CO — Giffords, the gun safety organization founded by the former Congresswoman Gabrielle Giffords, lauded Senator Sonya Jaquez Lewis, Senator Chris Kolker, Representative Javier Mabrey, Representative Jennifer Parenti, and other Colorado lawmakers for introducing new legislation that would repeal Colorado’s extreme, anti-victim gun industry immunity law and create an opportunity for victims to seek fair justice in court when they are harmed by illegal and wrongful conduct by the corporate gun industry.
Nico Bocour, Giffords Vice President, State Initiatives:
“The gun industry has a responsibility, like any other, to take reasonable precautions to protect human life and prevent unnecessary harm and suffering. And when industry members fail to take those reasonable precautions, they should be held fairly and justly accountable in court, like every other industry, to those they wrongfully harmed. This current Colorado law is among the most extreme in our country and has been used to shield the gun industry from lawsuits by victims of gun violence and their families. We are grateful for courageous lawmakers like Senator Sonya Jaquez Lewis, Representative Javier Mabrey, and Representative Jennifer Parenti for empowering victims of gun violence to hold the gun industry accountable for misconduct, we can help reduce gun violence and keep our communities safer.”
Sandy and Lonnie Phillips, Survivors Empowered:
“After our daughter was taken from us in the Aurora movie theater massacre, we learned the online ammo dealer sold the gunman 6000 rounds without checking his photo ID. We wanted the court to order them to change their irresponsible practices. We sued them, not for money, but for injunctive relief for irreparable harm. Our case was dismissed, and under Colorado’s punitive immunity laws, we were ordered to pay $208,000 for the defendant’s legal fees. Colorado must pass the Gun Violence Victims’ Access to Justice bill to prevent other victims of gun violence from bankruptcy for seeking justice.”
Emily Engelhaupt, Giffords Gun Owners for Safety Senior Ambassador:
“Responsible gun owners know that the firearm industry has perpetuated irresponsible marketing tactics to boost its own profits. Gun sellers and manufacturers bear responsibility when their actions lead to horrific acts of violence. Gun Owners for Safety supports victims and their families in the pursuit of justice, and we urge lawmakers to pass the Gun Violence Victims’ Access to Justice bill.”
Current Colorado law provides very broad immunity to the gun industry from many types of liability, slamming courtroom doors shut on cases even the federal gun industry immunity law (PLCAA) would allow. Even worse, Colorado is one of just 3 states in the country that forces victims who do try to sue the corporate gun industry to pay the corporation’s legal bills by default, punishing and bankrupting families just for daring to seek fair justice and corporate accountability in court. This legislation, the Gun Violence Victims’ Access to Justice and Firearm Industry Accountability Act would repeal Colorado’s extreme, anti-victim gun industry immunity law and allow victims to seek fair justice and accountability for gun manufacturers and dealers, accountability that every other industry is held to.
BACKGROUND ABOUT GUN INDUSTRY IMMUNITY
- Colorado currently has an extreme law on the books that goes much farther than the federal gun industry immunity law and includes punitive anti-victim provisions that exist in only two other states.
- This current Colorado law provides very broad immunity to the gun industry from many types of liability. This state law has barred victims from bringing lawsuits even when the federal gun industry immunity law would allow them to go forward. This means that gun manufacturers, distributors, and sellers generally cannot be sued, even when victims can show that they were directly harmed by a gun industry member’s misconduct.
- Repealing Colorado’s industry immunity law is needed to protect future victims from bankruptcy and allow victims to have their day in court. Repealing this law also levels the playing field for responsible businesses so the most aggressively irresponsible gun industry members don’t have a competitive advantage over businesses that take reasonable steps to protect the public.
- The gun industry immunity law has been used to shield the industry from lawsuits by victims of gun violence and their families.
- This bill would repeal the gun industry immunity law and hold gun manufacturers, distributors, and sellers responsible when they cause harm by violating the law or knowingly failing to take reasonable steps to prevent gun trafficking and certain other harms.
MEDIA REQUESTS
Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.
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MEDIA REQUESTS
Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.
Contact