Lawsuit Preemption Statutes

As soon as cities and counties across the nation began exercising their legal rights in an effort to reform dangerous gun industry practices, the gun lobby and state legislators friendly to it began pushing for legislation designed to preempt or block the local governments' lawsuits.

Nineteen states have implemented legislation blocking cites and counties from suing the gun industry. Eleven other states went even further, implementing legislation to not only block cities and counties, but also restricting the ability of shooting victims and their families to take gun manufacturers or dealers to court. U.S. Congressmen have also been pushing for a federal statute which, if passed, would apply retroactively to almost any current lawsuit.

States that Have Enacted Bills Blocking Suits by Cities and Counties:

Alabama, Arizona, Florida, Georgia, Idaho, Kansas, Maine, Mississippi, Missouri, Montana, Nevada, North Carolina, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, Virginia, West Virginia.

States that Have Enacted Bills Restricting Suits by Individual Victims:

Alaska, Arkansas, Colorado, Indiana, Kentucky, Louisiana, Michigan, New Hampshire, North Dakota, Ohio, and South Dakota.

California, however, became the first state in the country to repeal its special legal immunity for the gun industry. In September 25, 2002, the state overturned the 1983 law immunity law in a stunning setback for the gun industry.

Click here for press release California Repeals Gun Industry Immunity

See also Ohio Senate Reverses Itself on Gun Industry Immunity Bill
Written testimony from Legal Action Project attorney Jon Lowy.