3273.52
Effective Jan 1, 2023Added by Stats. 2022, Ch. 98, Sec. 3. (AB 1594) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 3273.55.
- (a) An act or omission by a firearm industry member in violation of the firearm industry standard of conduct set forth in Section 3273.51 shall be actionable under this section.
- (b) A person who has suffered harm in California because of a firearm industry member’s conduct described by subdivision (a) may bring an action in a court of competent jurisdiction.
(c)
- (1) The Attorney General may bring a civil action in a court of competent jurisdiction in the name of the people of the State of California to enforce this title and remedy harm caused by a violation of this title.
- (2) A city attorney may bring a civil action in a court of competent jurisdiction in the name of the people of that city to enforce this title and remedy harm caused by a violation of this title.
- (3) A county counsel may bring a civil action in a court of competent jurisdiction in the name of the people of that county to enforce this title and remedy harm caused by a violation of this title.
(d) If a court determines that a firearm industry member engaged in conduct described by subdivision (a), the court may award any or all of the following:
- (1) Injunctive relief sufficient to prevent the firearm industry member and any other defendant from further violating the law.
- (2) Damages.
- (3) Attorney’s fees and costs.
- (4) Any other appropriate relief necessary to enforce this title and remedy the harm caused by the conduct.
(e)
(1) In an action alleging that a firearm industry member failed to establish, implement, and enforce reasonable controls in violation of paragraph (1) of subdivision (b) of Section 3273.51, there shall be a rebuttable presumption that the firearm industry member failed to implement reasonable controls if both of the following conditions are satisfied:
- (A) The firearm industry member’s action or failure to act created a reasonably foreseeable risk that the harm alleged by the claimant would occur.
- (B) The firearm industry member could have established, implemented, and enforced reasonable controls to prevent or substantially mitigate the risk that the harm would occur.
- (2) If the rebuttable presumption described by paragraph (1) is established, the firearm industry member has the burden of proving by a preponderance of the evidence that the firearm industry member established, implemented, and enforced reasonable controls.
- (f) An intervening act by a third party, including, but not limited to, criminal misuse of a firearm-related product, shall not preclude a firearm industry member from liability under this section.