Obligations Arising From Particular TransactionsFirearm Industry Responsibility Act

Section § 3273.50

Explanation

This section defines key terms related to firearms for use in the law. 'Ammunition' and 'firearm' have the same definitions as in other specific California Penal Code sections. 'Firearm accessory' refers to any device that enhances a gun's function or increases its danger. 'Firearm-related product' includes firearms, ammunition, parts, and accessories sold or used in California. A 'firearm industry member' is any entity involved in the sale or production of these products. The law also outlines 'reasonable controls' that businesses must implement, such as preventing sales to people who might misuse guns, preventing theft, and ensuring compliance with laws.

As used in this title, the following definitions apply:
(a)CA Civil Law Code § 3273.50(a) “Ammunition” has the same meaning as provided in subdivision (b) of Section 16150 of the Penal Code.
(b)CA Civil Law Code § 3273.50(b) “Firearm” has the same meaning as provided in subdivisions (a) and (b) of Section 16520 of the Penal Code.
(c)CA Civil Law Code § 3273.50(c) “Firearm accessory” means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to alter or enhance the firing capabilities of a firearm, the lethality of the firearm, or a shooter’s ability to hold and use a firearm.
(d)CA Civil Law Code § 3273.50(d) “Firearm-related product” means a firearm, ammunition, a firearm precursor part, a firearm component, firearm manufacturing machine, and a firearm accessory that meets any of the following conditions:
(1)CA Civil Law Code § 3273.50(d)(1) The item is sold, made, or distributed in California.
(2)CA Civil Law Code § 3273.50(d)(2) The item is intended to be sold or distributed in California.
(3)CA Civil Law Code § 3273.50(d)(3) The item is or was possessed in California and it was reasonably foreseeable that the item would be possessed in California.
(e)CA Civil Law Code § 3273.50(e) “Firearm precursor part” has the same meaning as provided in Section 16531 of the Penal Code.
(f)CA Civil Law Code § 3273.50(f) “Firearm industry member” shall mean a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale sale, or retail sale of firearm-related products.
(g)CA Civil Law Code § 3273.50(g) “Firearm manufacturing machine” means a three-dimensional printer, as defined in Section 29185 of the Penal Code, or CNC milling machine that, as described in that section, is marketed or sold as, or reasonably designed or intended to be used to manufacture or produce a firearm.
(h)CA Civil Law Code § 3273.50(h) “Reasonable controls” means reasonable procedures, acts, or practices that are designed, implemented, and enforced to do the following:
(1)CA Civil Law Code § 3273.50(h)(1) Prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm-related product unlawfully.
(2)CA Civil Law Code § 3273.50(h)(2) Prevent the loss or theft of a firearm-related product from the firearm industry member.
(3)CA Civil Law Code § 3273.50(h)(3) Ensure that the firearm industry member complies with all provisions of California and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product.
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Section § 3273.51

Explanation

This law requires members of the firearm industry to follow certain standards of conduct. They must establish and enforce reasonable controls to ensure their products don't end up with distributors or retailers who fail to do the same. It prohibits selling firearms that are too risky or dangerous for public safety, with specific criteria for what makes a product unreasonably risky, like being intended more for assault than self-defense. Additionally, firearm industry members shouldn't market products in a way that encourages illegal use or targets minors. They must also avoid violating specific unfair business practices laws.

(a)CA Civil Law Code § 3273.51(a) A firearm industry member shall comply with the firearm industry standard of conduct. It shall be a violation of the firearm industry standard of conduct for a firearm industry member to fail to comply with any requirement of this section.
(b)CA Civil Law Code § 3273.51(b) A firearm industry member shall do both of the following:
(1)CA Civil Law Code § 3273.51(b)(1) Establish, implement, and enforce reasonable controls.
(2)CA Civil Law Code § 3273.51(b)(2) Take reasonable precautions to ensure that the firearm industry member does not sell, distribute, or provide a firearm-related product to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls.
(c)CA Civil Law Code § 3273.51(c) A firearm industry member shall not manufacture, market, import, offer for wholesale sale, or offer for retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California. For the purposes of this subdivision, the following shall apply:
(1)CA Civil Law Code § 3273.51(c)(1) A firearm-related product shall not be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety based on a firearm’s inherent capacity to cause injury or lethal harm.
(2)CA Civil Law Code § 3273.51(c)(2) There shall be a presumption that a firearm-related product is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety if any of the following is true:
(A)CA Civil Law Code § 3273.51(c)(2)(A) The firearm-related product’s features render the product most suitable for assaultive purposes instead of lawful self-defense, hunting, or other legitimate sport and recreational activities.
(B)CA Civil Law Code § 3273.51(c)(2)(B) The firearm-related product is designed, sold, or marketed in a manner that foreseeably promotes conversion of legal firearm-related products into illegal firearm-related products.
(C)CA Civil Law Code § 3273.51(c)(2)(C) The firearm-related product is designed, sold, or marketed in a manner that is targeted at minors or other individuals who are legally prohibited from accessing firearms.
(d)CA Civil Law Code § 3273.51(d) A firearm industry member shall not engage in any conduct related to the sale or marketing of firearm-related products that is in violation of the following sections:
(1)CA Civil Law Code § 3273.51(d)(1) Paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9) of subdivision (a) of Section 1770.
(2)CA Civil Law Code § 3273.51(d)(2) Section 17200 of the Business and Professions Code.
(3)CA Civil Law Code § 3273.51(d)(3) Section 17500 of the Business and Professions Code.
(4)CA Civil Law Code § 3273.51(d)(4) Section 17508 of the Business and Professions Code.
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Section § 3273.52

Explanation

This law allows individuals or government officials to take legal action if a member of the firearm industry breaks certain conduct standards. If someone gets hurt because a firearm company didn't follow these rules, they can sue in court. The California Attorney General, city attorneys, and county counsels can also file lawsuits to protect the public and seek remedies for harm. Courts can order various remedies, like injunctions, damages, and attorney fees, against the firearm company. There’s a presumption of guilt if the company’s actions were foreseeable and it didn’t have proper safety measures, although the company can prove otherwise. Even if someone else misused a firearm product, the company could still be liable.

(a)CA Civil Law Code § 3273.52(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)CA Civil Law Code § 3273.52(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)Copy CA Civil Law Code § 3273.52(c)
(1)Copy CA Civil Law Code § 3273.52(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)CA Civil Law Code § 3273.52(c)(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)CA Civil Law Code § 3273.52(c)(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)CA Civil Law Code § 3273.52(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)CA Civil Law Code § 3273.52(d)(1) Injunctive relief sufficient to prevent the firearm industry member and any other defendant from further violating the law.
(2)CA Civil Law Code § 3273.52(d)(2) Damages.
(3)CA Civil Law Code § 3273.52(d)(3) Attorney’s fees and costs.
(4)CA Civil Law Code § 3273.52(d)(4) Any other appropriate relief necessary to enforce this title and remedy the harm caused by the conduct.
(e)Copy CA Civil Law Code § 3273.52(e)
(1)Copy CA Civil Law Code § 3273.52(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)CA Civil Law Code § 3273.52(e)(1)(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)CA Civil Law Code § 3273.52(e)(1)(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)CA Civil Law Code § 3273.52(e)(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)CA Civil Law Code § 3273.52(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.
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Section § 3273.54

Explanation

This law section clarifies that it doesn't restrict anyone's ability to take legal action or affect any responsibilities that the firearm industry might have under other laws. It also emphasizes that this law must be interpreted in a way that aligns with both the California and U.S. Constitutions.

(a)CA Civil Law Code § 3273.54(a) This title shall not be construed or implied to limit or impair in any way the right of a person or entity to pursue a legal action under any other authority.
(b)CA Civil Law Code § 3273.54(b) This title shall not be construed or implied to limit or impair in any way an obligation or requirement placed on a firearm industry member by any other authority.
(c)CA Civil Law Code § 3273.54(c) This title shall be construed and applied in a manner that is consistent with the requirements of the California and the United States Constitutions.
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Section § 3273.55

Explanation
This law is set to take effect on July 1, 2023.
This title shall become operative on July 1, 2023.
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