Another Anti-Gun Bill Becomes Law

Mark Fernwood

By Mark Fernwood, a member of the Contra Costa Republican Central Committee and Danville resident.

Governor Gavin Newsom signed another anti-gun bill into law, Assembly Bill 1594. This act creates a private right of action against firearm industry members for failure to implement "reasonable" controls. This intentionally vague term will subject the industry to numerous, crippling lawsuits regardless of whether there is any actual violation of law. It will, therefore, prevent law-abiding citizens from being able to access the firearms necessary to exercise a constitutional right.  This is intended to be an “end run around the Constitution.

The firearm industry is already highly regulated through numerous federal and state laws, with violations carrying stiff penalties. Penalties ranging from huge fines, to criminal felony prosecution, carrying possible 10-year prison sentences.

AB 1594 is the latest salvo in gun control advocates long-running effort to circumvent the federal “Protection of Lawful Commerce in Arms Act” (PLCAA), which ensures Americans have reasonable access to firearms. The PLCAA does not prohibit lawsuits against the firearm industry for knowingly unlawful sales, for negligent entrustment, and on traditional products liability grounds.

It is a common practice to file a lawsuit, with little legal grounds, knowing the defendant will quickly settle rather than face the huge costs of protracted litigation.

The legal precedent of making lawful manufacturers, lawful dealers and parts suppliers civilly liable for others criminally misusing products, should be frightening.  Consider, will the courts expand this legal precedent to make auto manufacturers, dealers and resellers responsible for DUI’s or other criminal use?