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(Photo by the Office of California Governor: WikiMedia Commons).
The California Firearm Industry Responsibility Act allows state authorities and victims to bring lawsuits against firearm manufacturers and retailers. However, it is flawed in ways that the Democratic Governor. Gavin Newsom never considered. One of them is the state’s admission that its background check system cannot possibly be trusted. California’s Department of Justice is also failing its citizens.
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California highlights its failures with the Firearm Industry Responsibility Act
Governor Newsom recently signed AB-1594. According to an Associated Press report, Newsom requires firearm retailers and manufacturers to stop the sale of guns when there is a “reasonable reason to believe it is at significant risk” of being illegally used or harming the owner or others.
This is a shocking admission that the California Department of Justice’s instant background screenings – and the mandatory 10-day waiting period – aren’t trustworthy. The state is instead transferring the responsibility for potential future criminal activity to private business rather than fixing the background check system.
California is a point of contact state that relies on state officials to conduct background checks for firearms. This is in place of the FBI’s National Instant Criminal Background Check System, (NICS).
Foundationally Flawed
From the beginning, the law is problematic. It aims to make firearm retailers and manufacturers liable for damages suffered by remote third parties after criminal misuse. California’s tort law is fundamentally different from any other understanding of tort law.
Professor Jonathan Turley, Shapiro Professor in Public Interest Law at George Washington University once called these public nuisance lawsuits against gun makers over criminal misuse of firearms “absurd.”
Turley wrote in an opinion piece published in The Hill that product liability and tort actions against manufacturers had been uniformly and correctly rejected by the courts. “Guns can be used lawfully, so holding companies liable for any misuse of them later is absurd.” For the Lizzy Borden murders, you could sue the axe manufacturer.
California’s new law that allows these lawsuits has a steep climb of overturning the Protection of Lawful Commerce in Arms Act, which codified basic tort law.
Victor Schwartz, a former law professor, law school dean, and current cochairman of Shook, Hardy, & Bacon’s Public Policy Group, was the author of the textbook on tort law. He also explained the PLCAA.
He wrote that the PLCAA was a commonsense law, which protects against unsound attempts at fundamental liability law principles being changed radically.
Scorched Earth
California’s progressive antigun governor, attorney general, and legislature will now have to remove that legal mountain, along with the weight of admitting that the state’s background check system is ineffective.
If the background check was working properly, firearm retailers and manufacturers would not have to be responsible for determining if someone could commit a crime. They run a background check with the state to see if they have been banned from possessing firearms in the past.
This law’s true intent is to drive firearm retailers and manufacturers out of business. Even if that means they have to burn down their own law enforcement agencies. They will do it through “death-by-a thousand cuts”, made famous by the disgraced Democratic former N.Y. governor. Andrew Cuomo was Housing and Urban Development Secretary during the Clinton administration.
The other route is through intimidation. As such, the state government would sail them down the river of lawsuit-after-lawsuit of bogus allegations. This includes the inability of a firearm retailer to predict criminal activity by others in California.
Gun Control Over Common Sense
Gov. Newsom doesn’t concern himself with the actual criminals in his Constitutionally-questionable public nuisance law. He doesn’t seem concerned that the law indicts Newsom’s Justice Department for failing to do their job. This law shows its inability to run a thorough background check system.
Gov. Gov. If the state’s background checks aren’t stopping criminals he should levy resources. The law’s intent does not address this.
Gov. Newsom only wants this law to harass a Constitutionally-protected industry for an antigun political agenda. It is quite shocking that he disparages his own Justice Department for achieving it.
Story originally posted to NSSF.org
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