Lawmakers consider bill allowing people to sue businesses over illegal gun sales

Lawmakers are considering a bill that would allow people to sue Connecticut-based gun businesses on claims they violate or help others get around existing gun laws.

Proponents say the measure is meant to hold gun stores and other businesses accountable when they don’t take “reasonable measures” to ensure firearms don’t end up in the wrong hands.

“What we’re really looking for are the bad apples, we really want to weed out people who are selling to people that they know are straw sellers,” Connecticut Against Gun Violence Chairman Melissa Kane said.

The bill makes no changes to the existing laws related to the sale of firearms in Connecticut.

Instead, this requires gun stores, clubs and others in the gun industry to take steps to follow and enforce existing laws.

This includes, for example, preventing straw purchases, which is when someone purchases a gun on behalf of someone else.

Stores, clubs and other businesses also can’t promote or facilitate other types of illegal types of sales.

“If you know your products are getting into the hands of...gun traffickers and there’s a way for you to prevent that happening and you’re not doing it, this would allow a civil action,” Rep. Steven Stafstrom (D-Bridgeport) said.

The law would even apply to the sale of bump stocks and other items that can be used for modifications deemed illegal in Connecticut.

Lawsuits could be filed by the attorney general, municipalities or individuals who could prove harm by the sale.  

Civil court only requires plaintiffs to prove there is probably cause to believe a violation occurred, significantly lower than the reasonable doubt standard used in criminal cases.

The bill drew significant opposition from gun stores, clubs and others opposed to stricter gun laws in Connecticut.

“"It is about taking away more gun rights from law abiding citizens and destroying the firearms industry,” The Gun Store Manager Colin Greene said in written testimony during a public hearing. “It needs to stop."

Republicans said Monday the bill would raise the insurance costs of gun clubs, which don’t sell firearms, but may welcome in sellers or manufacturers.

“This is probably a trial lawyer’s dream,” Rep. Vincent Candelora (R-Minority Leader) said. “I don’t think it does anything to make Connecticut residents safer from gun violence.”

The bill makes other changes, including expanding provisions aimed at preventing people deemed threats from owning a firearm.

People will not be able to own a gun if they have an out-of-state conviction in the last 20 years for certain misdemeanors, including violent crimes, threats, inciting a riot or drug possession.

Residents already cannot own a firearm if they have a conviction for 11 specific misdemeanors, but currently law does not address out-of-state convictions.

Anyone convicted of a felony, regardless of the state, is barred from purchasing or possession a firearm.

The bill also would remove language in existing law that currently prevents people from using firearms in certain instances when defending themselves or someone else.