Lawyers Might Unleash Exclusive Lawsuits Against Gunmakers

Gunmakers Under The Gun

In the aftermath of the tragic October mass shooting in Lewiston, Maine is now taking steps to address gun control issues. One of the key proposals being considered would allow Mainers to take legal action against gun manufacturers for injuries stemming from illegal firearm sales. Let’s delve into the details of this significant legislation for Gunmakers.

The October 25th mass shooting in Lewiston, which resulted in 18 lives lost and 13 people injured, prompted Rep. Rebecca Millett, D-Cape Elizabeth, to introduce a bill last April. This bill gained even more attention after the devastating incident, as it seeks to hold gunmakers accountable for their products.

Wide-ranging Support and Opposition

Millett’s bill has garnered support from various quarters. With several Democratic cosponsors and backing from gun-control advocacy groups like Moms Demand Action, it aims to address a critical issue for Gunmakers. However, it has also faced staunch opposition, with a National Rifle Association leader warning that it could potentially “shut down firearm commerce in Maine overnight.”

Aligning with Other States

If passed, Maine would join eight other states, including Colorado and New York, in enacting similar laws since 2021. These laws empower individuals to sue firearm manufacturers for illegal conduct, following a trend noted by the Giffords Law Center to Prevent Gun Violence.

Targeting Illegal Sales and Unethical Marketing

Millett’s bill is designed to enable individuals harmed by guns to take legal action against companies engaged in the sale and promotion of illegal modifications or targeting minors and other prohibited individuals. It also seeks to prohibit firearm industry members from engaging in unethical or deceptive marketing practices. Gunmakers might disagree.

Clarifications and Scope

The updated version of the bill has removed contentious language related to “abnormally dangerous” firearms and marketing that promotes assault rather than self-defense, hunting, or legal activities. The bill covers a wide array of items, including guns, ammunition, magazines, components, and parts, making it comprehensive in its scope.

Responsibility and Penalties

The legislation would require firearm industry members, including manufacturers, sellers, and importers, to implement “reasonable controls” to prevent theft and the distribution of firearms to prohibited individuals. Those injured due to illegally sold or marketed guns could seek damages through lawsuits. Violators could face penalties ranging from $25,000 to $100,000, enforced by the Maine attorney general. Even though Gunmakers can afford it, nobody wants a fine.

Focus on Accountability, Not Entire Industry

Importantly, individuals would not be able to sue if they were injured while committing a crime or intentionally causing harm to themselves. Millett stressed that her bill is not intended to vilify the entire firearms industry but rather focuses on manufacturers knowingly endangering the public by selling exceptionally dangerous firearms.

Challenges and Debates

Federal legislation in 2005 largely shielded gunmakers from lawsuits, but states retain the authority to pass laws allowing civil action against manufacturers for irresponsible policies. Critics, such as David Trahan, the Executive Director of the Sportsman’s Alliance of Maine, have expressed concerns, calling Millett’s initial bill a potential “holy grail” for gun-control advocates and a “lawyer’s dream come true.”

Uncertain Future

As Maine responds to the Lewiston mass shooting, gun-control advocates have called on the Democratic-controlled Legislature to pass additional measures, including an assault-style weapons ban, transitioning from Maine’s existing “yellow flag” law to a “red flag” law, and implementing universal background checks. The outcome of these proposals remains uncertain as the shortened session is set to conclude in April. Past gun-control efforts have faced resistance from Gov. Janet Mills and voters in a state with a strong hunting culture.