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Connecticut Debates Legality of Civil Lawsuits Against Gun Sellers

In the state of Connecticut, there’s an ongoing debate about whether civil lawsuits should be permitted against manufacturers and sellers of firearms, if these weapons are employed in criminal activities. Strong opposition to this proposed law was displayed by local firearm dealers during a public Judiciary Committee hearing which took place on a recent Wednesday.

Matthew Fleischer, a Niantic resident and the proprietor of a firearm dealership in Old Lyme, expressed his dissatisfaction and incredulity at the proposed legislation. He struggled with the idea that he should bear the responsibility if a weapon he sold legally—following state-mandated background checks—ends up being used in the commission of a crime.

He presented his viewpoint to the lawmakers by questioning the fairness of the legal framework which might hold him accountable for any future illegal act committed using a firearm he sold after a thorough check by the State of Connecticut. He found the premise of the proposed legislation unclear, as the state government has already validated the transaction through its mandated checks.

Beyond his struggles to comprehend the liability process, Fleischer highlighted the potential business implications of such a law for gun shops in the state. He continued saying that if this law is indeed enforced, obtaining insurance within the state would likely become an insurmountable challenge for these businesses.

According to Fleischer, the impact of this regulation could extend to putting at risk the survival of approximately 650 gun shops currently operating throughout the state. The financial weight, he contends, is significantly substantial. Therefore, he warns of the potential widespread ramifications to Connecticut’s firearm industry.

Despite the concerns raised, supporters of the law maintain an optimistic outlook about its potential impact. David Pucino, a representative of the Gifford Law Center—a nationally recognized organization dedicated to the prevention of gun violence—who contributed to drafting the bill, assures lawmakers that the new law wouldn’t dramatically change the current landscape of gun sellers in the state.

Pucino argues that the new regulatory measure will likely not be the cause of a significant decline in the quantity of gun vendors across the state. He supports his statement by pointing to evidence from nine other states that have passed similar legislation without resulting in a noticeable decrease in the number of gun stores.

New York, he reminded the assembly, was a pioneer in this aspect, having become the first state in the union to pass a law allowing civil lawsuits against firearm manufacturers and dealers in 2021. Comparable trends have not been observed after the enactment of such similar laws there, further strengthening his argument in favor of the Connecticut legislation.