“It’s not asking someone to be psychic,” she added, but to take reasonable precautions in the same way that an automobile dealer could be liable for selling to a customer who is clearly drunk, for instance. “But substantively I think it creates the same set of requirements, the same standards with regards to engaging in safe business practices.” “I would say the California law is more specific,” Schardt said.

“There may be indicators or things that you see beyond just passing the background check that indicate to the dealer that they shouldn’t sell the gun,” she said. The New York measure declared such violations a “public nuisance,” taking advantage of a federal exemption that allows lawsuits when gun makers break state or local laws regulating the sale and marketing of firearms.ĭelaware and New Jersey just enacted similar laws, and all contain provisions requiring firearms dealers to act responsibly, said Tanya Schardt, senior counsel and director of state and federal policy at the Brady gun control advocacy organization that sought the laws. The law is patterned after a New York measure that took effect last year to skirt a 2005 federal law blocking most liability lawsuits against gun-makers or dealers. That includes having “reasonable controls” to prevent sales to arms traffickers, straw buyers, those prohibited from owning guns, and anyone deemed to be at “substantial risk” of using the gun improperly.

The state’s firearm industry standard of conduct, starting in July 2023, will require those making, importing or selling guns to “take reasonable precautions” to make sure the weapons don’t fall into the wrong hands through sales or thefts.

Shooting blocks