Senate Approves Legislation to Remove Overly Broad Gun Industry Immunity in Colorado

Legislation will allow survivors of gun violence to better pursue justice and accountability through the courts

DENVER, CO – The Senate today approved landmark legislation sponsored by Senators Sonya Jaquez Lewis, D-Longmont, and Chris Kolker, D-Centennial, on third and final reading. The bill is aimed at holding the gun industry accountable and improving gun violence survivors’ access to justice.

Right now gun sellers and manufacturers enjoy broad protections under federal law from most types of civil lawsuits - and Colorado law goes even further by including a punitive provision that makes victims of gun violence who sue the gun industry pay the company’s legal fees in dismissed cases. SB23-168 would remove Colorado’s overly-broad immunity protections for gun sellers and manufacturers and allow legitimate lawsuits against the gun industry to move forward.

“Colorado is home to one of the most punitive laws against gun violence survivors in the country. Colorado law gives a set of protections to the firearms industry that few other businesses have. These laws shield them from accountability and must be changed,” Jaquez Lewis said. “This legislation will level the playing field by removing those extra protections and allowing legitimate lawsuits to move forward, ensuring the gun industry is no longer given special treatment and improving gun violence survivors’ ability to seek the justice they deserve.”

“Currently, Colorado gun sellers and manufacturers are provided legal protections far beyond those for most other businesses in the state and that bar victims of gun violence from seeking justice,” Kolker said. “Removing Colorado’s overly broad gun industry immunity law will provide another avenue for survivors to pursue justice if they are harmed by irresponsible business practices.”

“Today we applaud the Colorado State Senate for moving forward with legislation addressing gun violence and protecting survivors,” said Sandy and Lonnie Phillips. “When we lost our daughter, Jessi, in the tragic shooting in Aurora in July 2012, we didn't anticipate being retraumatized by Colorado's extreme protections of the gun industry. The Gun Violence Victims' Access to Justice bill allows the families of victims to seek justice. This legislation honors Coloradans whose lives ended too soon and protects future survivors who wish to hold the gun industry accountable and we thank Senate President Fenberg, Senator Jaquez Lewis, and Senator Kolker for bringing this legislation forward.”

Civil liability plays an important role in promoting community and consumer safety, and lawsuits can help incentivize industries to take reasonable steps to prevent their products or business practices from causing foreseeable risks to human life and wellbeing. 

After their daughter was killed in the Aurora theater shooting, Sandy and Lonnie Phillips sued four online retailers that irresponsibly sold magazines, thousands of rounds of ammunition and body armor to the murderer. Under Colorado’s immunity law, they were forced to pay about $200,000 in legal fees to bulk ammunition sellers. They ended up selling their house and declaring bankruptcy.

Removing Colorado’s gun industry shield will allow survivors like the Phillips’ and countless others to seek appropriate justice and fair remedies via civil actions, and will give survivors and the public the opportunity to hold gun sellers and manufacturers accountable for their actions.

SB23-168 will now move to the House for further consideration. Track the bill’s progress HERE.