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Gun Industry Accountability

In 2023, along with the passage of a Victims’ Access to Justice law described below, Colorado repealed its law giving immunity to gun industry members from civil suit.1

Colorado law still limits lawsuits against shooting ranges based on noise emanating from the range.2

In 2023, Colorado enacted the “Jessi Redfield Ghawi’s Act for Gun Violence Victims’ Access to Justice and Firearms Industry Accountability” law.3

The law prohibits firearm industry members—defined as “a person, firm, corporation, or any other entity engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of a firearm industry product”—from engaging in deceptive marketing practices as relates to “firearm industry products.” This includes firearms, ammunition, unfinished frames or receivers, firearm components and magazines, and any device or mechanism reasonably designed to increase a firearm’s “concealability, magazine capacity, or destructive capacity.” It also includes any machine or device marketed, sold, or reasonably designed or intended to be used to manufacture or produce a firearm or firearm part, such as a 3D printer.4 

The law specifically provides that a firearm industry member shall not knowingly violate the Colorado Consumer Protection Act, including any unfair or deceptive trade practice. This includes knowingly making false or misleading statements about the characteristics, uses, or benefits of a firearm product, advertising products with the intent not to sell them as advertised, or failing to disclose material information that would affect a consumer’s decision to purchase a firearm product.5

The law also allows lawsuits to be brought in connection with any offense relating to firearms in Article 12 of the Criminal Code (Title 18), such as unlawful purchase or transfer of firearms6, possession by a prohibited person (§ 18-12-108), failure to conduct required background checks7, and unlawful sale or transfer to juveniles8. By tying civil liability to violations of these statutes, the law ensures that firearm industry members can be held accountable. 

As of October 1, 2023, individuals who suffer harm as a result of a firearm industry member’s violation of these provisions may bring a civil lawsuit. In addition, the Attorney General or their designee may bring a civil action to enforce the law. If the court finds a violation, it shall award just and appropriate relief, which may include injunctive relief, compensatory or punitive damages, reasonable attorney fees and court costs, and other relief as deemed necessary.9

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  1. Previously Colo. Rev. Stat. Title 13, Art. 21, part 5.[↩]
  2. See Colo. Rev. Stat. § 25-12-109(3).[↩]
  3. Colo. Rev. Stat. § 6-27-101 et seq.[↩]
  4. C.R.S. § 6-1-103(2).[↩]
  5. See e.g., §§ C.R.S. 6-1-105(1)(b),(i),(u).[↩]
  6. § 18-12-111.[↩]
  7. § 18-12-112.[↩]
  8. § 18-12-108.7.[↩]
  9. C.R.S. § 6-27-105(2).[↩]

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