SB 23-168

Senate Bill 23-168, also known as the Gun Violence Victims' Access To Judicial System, removes limits on lawsuits against gun manufacturers and sellers in Colorado. It requires these companies to implement safety measures and prohibits them from violating firearms laws or consumer protection acts. If a company violates these rules and someone gets hurt because of it, victims can sue for damages within five years. The bill was signed into law by the governor and will take effect on October 1, 2023. This means that starting in October, gun manufacturers and sellers could face more lawsuits if they don't follow safety regulations or break laws related to firearms.

Official Summary

Current law limits product liability actions against manufacturers of firearms and ammunition to situations in which there was a defect in the design or manufacture of a firearm or ammunition. The act repeals that limitation. The act defines the terms "firearm industry member" (industry member) and "firearm industry product" (industry product) and requires each industry member that is engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of an industry product in Colorado to establish and implement reasonable controls and precautions related to the industry product in its control. An industry member shall not knowingly engage in conduct, through acts or omissions, that violates statutory firearms provisions or the "Colorado Consumer Protection Act". If an industry member's knowing violation of the provisions of the act creates a reasonably foreseeable risk of harm, the violation is presumed to be the proximate cause of the harm in an action brought pursuant to the act. An intervening act by a third party, including unlawful misuse of an industry product, does not protect an industry member from liability. A cause of action may be brought within 5 years after the date that the violation or harm occurs. APPROVED by Governor April 28, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)

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