Senate Passes Legislation Allowing Civil Action Against Bad Actors in the Gun Industry

The Senate gave final passage Thursday to legislation that will allow victims of gun violence to bring civil actions against gun manufacturers, distributors, or retailers who fail to implement reasonable safeguards to ensure their products do not fall into the wrong hands.

The Senate voted 25-11 to pass House Bill 7042, which was approved by the House last month and now heads to Gov. Ned Lamont for his signature.

The bill allows for legal action against firearm manufacturers, retailers, and distributors who fail to adopt reasonable controls to prevent the sale of firearms to ineligible purchasers, straw buyers, traffickers, or individuals the seller has reasonable cause to believe will use the weapon to commit a crime or harm others.

“When a manufacturer puts profits over people and releases a dangerous product into the world, they don’t just fail in quality—they fail in humanity,” said Sen. Gaston, Chair of the Public Safety & Security Committee. “Negligence that harms lives must not be ignored, excused, or buried. It must be exposed, confronted, and held accountable in the eyes of the law and the court of public conscience. I stand resolute in supporting this progressive piece of legislation that will further protect Connecticut residents through firearm safety.”

The legislation leverages an exception in the federal Protection of Lawful Commerce in Arms Act (PLCAA), a 2005 law that generally shields the gun industry from civil lawsuits. The “predicate exception” within PLCAA allows states to enforce statutes that establish a standard of conduct for firearm manufacturers and sellers. The bill does not single out the industry, rather it treats them like others by removing part of a shield that no other industry benefits from.

Through H.B. 7042, Connecticut joins nine other states that have taken action to expand the ability of victims to sue the firearm industry for illegal conduct, according to the Giffords Law Center.

The bill also closes a loophole in Connecticut law that allowed individuals convicted of certain violent misdemeanors in other states to receive pistol permits here, even though a comparable conviction in Connecticut would disqualify them. This change ensures consistent treatment of applicants regardless of where the conviction occurred.