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Which states have rejected legal immunity for the gun industry?

19 states have rejected this policy

AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

No Special Immunity for Gun Industry

Alabama has not rejected this policy

No Special Immunity for Gun Industry

Alaska has not rejected this policy

No Special Immunity for Gun Industry

Arizona has not rejected this policy

No Special Immunity for Gun Industry

Arkansas has not rejected this policy

No Special Immunity for Gun Industry

California has rejected this policy

Does the law proactively give gun violence survivors access to justice?
Yes

No Special Immunity for Gun Industry

Colorado has rejected this policy

Does the law proactively give gun violence survivors access to justice?
Yes

No Special Immunity for Gun Industry

Connecticut has rejected this policy

Does the law proactively give gun violence survivors access to justice?
No

No Special Immunity for Gun Industry

Delaware has rejected this policy

Does the law proactively give gun violence survivors access to justice?
Yes

No Special Immunity for Gun Industry

Florida has not rejected this policy

No Special Immunity for Gun Industry

Georgia has not rejected this policy

No Special Immunity for Gun Industry

Hawaii has rejected this policy

Does the law proactively give gun violence survivors access to justice?
Yes

No Special Immunity for Gun Industry

Idaho has not rejected this policy

No Special Immunity for Gun Industry

Illinois has rejected this policy

Does the law proactively give gun violence survivors access to justice?
Yes

No Special Immunity for Gun Industry

Indiana has not rejected this policy

No Special Immunity for Gun Industry

Iowa has not rejected this policy

No Special Immunity for Gun Industry

Kansas has not rejected this policy

No Special Immunity for Gun Industry

Kentucky has not rejected this policy

No Special Immunity for Gun Industry

Louisiana has not rejected this policy

No Special Immunity for Gun Industry

Maine has not rejected this policy

No Special Immunity for Gun Industry

Maryland has rejected this policy

Does the law proactively give gun violence survivors access to justice?
Yes

No Special Immunity for Gun Industry

Massachusetts has rejected this policy

Does the law proactively give gun violence survivors access to justice?
No

No Special Immunity for Gun Industry

Michigan has not rejected this policy

No Special Immunity for Gun Industry

Minnesota has rejected this policy

Does the law proactively give gun violence survivors access to justice?
No

No Special Immunity for Gun Industry

Mississippi has not rejected this policy

No Special Immunity for Gun Industry

Missouri has not rejected this policy

No Special Immunity for Gun Industry

Montana has not rejected this policy

No Special Immunity for Gun Industry

Nebraska has not rejected this policy

No Special Immunity for Gun Industry

Nevada has not rejected this policy

No Special Immunity for Gun Industry

New Hampshire has not rejected this policy

No Special Immunity for Gun Industry

New Jersey has rejected this policy

Does the law proactively give gun violence survivors access to justice?
Yes

No Special Immunity for Gun Industry

New Mexico has rejected this policy

Does the law proactively give gun violence survivors access to justice?
No

No Special Immunity for Gun Industry

New York has rejected this policy

Does the law proactively give gun violence survivors access to justice?
Yes

No Special Immunity for Gun Industry

North Carolina has not rejected this policy

No Special Immunity for Gun Industry

North Dakota has not rejected this policy

No Special Immunity for Gun Industry

Ohio has not rejected this policy

No Special Immunity for Gun Industry

Oklahoma has not rejected this policy

No Special Immunity for Gun Industry

Oregon has rejected this policy

Does the law proactively give gun violence survivors access to justice?
No

No Special Immunity for Gun Industry

Pennsylvania has not rejected this policy

No Special Immunity for Gun Industry

Rhode Island has rejected this policy

Does the law proactively give gun violence survivors access to justice?
No

No Special Immunity for Gun Industry

South Carolina has rejected this policy

Does the law proactively give gun violence survivors access to justice?
No

No Special Immunity for Gun Industry

South Dakota has not rejected this policy

No Special Immunity for Gun Industry

Tennessee has not rejected this policy

No Special Immunity for Gun Industry

Texas has not rejected this policy

No Special Immunity for Gun Industry

Utah has not rejected this policy

No Special Immunity for Gun Industry

Vermont has rejected this policy

Does the law proactively give gun violence survivors access to justice?
No

No Special Immunity for Gun Industry

Virginia has rejected this policy

Does the law proactively give gun violence survivors access to justice?
No

No Special Immunity for Gun Industry

Washington has rejected this policy

Does the law proactively give gun violence survivors access to justice?
Yes

No Special Immunity for Gun Industry

West Virginia has not rejected this policy

No Special Immunity for Gun Industry

Wisconsin has rejected this policy

Does the law proactively give gun violence survivors access to justice?
No

No Special Immunity for Gun Industry

Wyoming has not rejected this policy

What It Does

Since 2005, dangerous actors in the gun industry have been shielded from accountability for their practices by a unique federal law1Everytown for Gun Safety, “Repeal Special Protection for Bad Actors in the Gun Industry,” April 13, 2021, https://www.everytown.org/report/repeal-special-protection-for-bad-actors-in-the-gun-industry/. that offers protections not available to makers or vendors in the automobile, tobacco, or opioid industries. A majority of states have passed their own separate shields to protect gunmakers and gun sellers, but many states have rejected these efforts. In 2021, New York was the first to enact a law designed to break through these protections and give gun violence survivors access to justice by allowing them (along with state authorities) to file suit against manufacturers and dealers whose bad conduct results in harm. A full discussion on Immunity for the Gun Industry is here. 

The Impact

Special legal protections block accountability for dealers when their guns are used in crime–even if the guns were never locked up and ultimately stolen, or even if they were sold to a person showing clear danger signs. Likewise, manufacturers can’t be held responsible for the death of a child even if they failed to install basic safety features that could have prevented the shooting.

No Special Immunity for Gun Industry

Policy rejected? Does the law proactively give gun violence survivors access to justice?
Alabama —
Alaska —
Arizona —
Arkansas —
California Yes
Colorado Yes
Connecticut No
Delaware Yes
Florida —
Georgia —
Hawaii Yes
Idaho —
Illinois Yes
Indiana —
Iowa —
Kansas —
Kentucky —
Louisiana —
Maine —
Maryland Yes
Massachusetts No
Michigan —
Minnesota No
Mississippi —
Missouri —
Montana —
Nebraska —
Nevada —
New Hampshire —
New Jersey Yes
New Mexico No
New York Yes
North Carolina —
North Dakota —
Ohio —
Oklahoma —
Oregon No
Pennsylvania —
Rhode Island No
South Carolina No
South Dakota —
Tennessee —
Texas —
Utah —
Vermont No
Virginia No
Washington Yes
West Virginia —
Wisconsin No
Wyoming —
Show Citations and Footnotes
Source: Ala. Code § 11-80-11; Alaska Stat. § 09.65.155; Ariz. Rev. Stat. § 12-714; Ark. Code § 16-116-302(a); Colo. Rev. Stat. § 6-27-101, et. seq.; Del. Code Ann. tit. 10, § 3930; Fla. Stat. § 790.331; Ga. Code Ann. § 16-11-173; H.R.S. § 134-A, et. seq.; Idaho Code §§ 5-247, 6-1410; Ind. Code §§ 34-12-3-3, 34-12-3-4; Iowa Code §§ 683.1—683.3; Kan. Stat. Ann. § 60-4501; Ky. Rev. Stat. Ann. §§ 411.155, 65.045; La. Stat. Ann. §§ 9:2800.60, 40:1799; Me. Stat. tit. 30-A, § 2005; Md. Courts and Judicial Proceedings Code Ann. §§ 3-2301 - 3-2304; Mich. Comp. Laws § 28.435; Miss. Code Ann. § 11-1-67; Mo. Rev. Stat. § 21.750; Mont. Code Ann. §§ 27-1-720, 30-20-205; Neb. Rev. Stat. § 69-2417; Nev. Rev. Stat. §§ 12.107, 41.131; N.H. Rev. Stat. Ann. § 508:21; N.C. Gen. Stat. § 14-409.40; N.D. Cent. Code, § 32-03-54; Ohio Rev. Code Ann. § 2305.401; Okla. Stat. tit. 21, § 1289.24a; 18 Pa. Cons. Stat. § 6120(a.1); S.C. Code Ann. § 15-73-40; S.D. Codified Laws §§ 21-58-1, 21-58-2; Tenn. Code Ann. § 39-17-1314; Tex. Civ. Prac. & Rem. Code Ann. § 128.001; Utah Code §§ 78B-4-511, 53-5d-102, 53-5d-103; Wash Rev. Code § 7.72.030; W. Va. Code §§ 55-18-1, 55-18-2; Wyo. Stat. Ann. § 1-1-142.

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