Connecticut has enacted a groundbreaking law that allows individuals, municipalities and the state itself to sue firearms manufacturers, importers, distributors or dealers for failing to implement measures to prevent illegal gun sales or marketing when such lapses lead to public harm. 

The Firearm Industry Responsibility Act, signed by Gov. Ned Lamont on August 7, 2025, responds to growing calls from communities and victims of gun violence for stronger repercussions for those in the firearm distribution chain who knowingly or negligently allow firearms to fall into the wrong hands, or who market guns in ways that fuel illegal activity. The legislation is meant to leverage a loophole in the federal Protection of Lawful Commerce in Arms Act, which generally shields gunmakers from liability when their products are used unlawfully. The federal law makes exceptions for violations of state statutes regulating the sale or marketing of firearms.

The new state law establishes of a private right of action. A person, town or the Attorney General can sue a firearm industry member whose failure to implement “reasonable controls” results in public harm. “Reasonable controls” means taking steps to prevent illegal sales, theft, straw purchases and trafficking, as well as not marketing firearms in a manner that could foreseeably promote illegal gun use.

The law specifically prohibits “knowingly or recklessly creating, maintaining or contributing to a public nuisance” through the illegal or improper marketing and sale of firearms. It recognizes that not only direct sales, but also marketing practices—such as advertising firearms to minors or to those likely to misuse them—can contribute to illegal gun circulation and violence.

A prevailing plaintiff in a lawsuit has the following remedies available:

• Compensatory damages — These reimburse losses the plaintiff suffered as a result of the firearm industry member’s failure.

• Punitive damages — If the conduct is found to be especially egregious or reckless, the court can impose punitive damages meant to punish the defendant and deter similar future conduct.

• Equitable relief — The law allows courts to order defendants to take affirmative actions, such as stricter screening of buyers, altering marketing practices, or establishing new sales protocols.

• Attorneys’ fees and costs — Plaintiffs who prevail can be awarded reasonable attorneys’ fees and legal costs, making litigation more accessible even to those with limited resources.

The law further gives courts the power to issue “any appropriate injunctive relief,” such as restraining certain marketing or sales practices found to contribute to gun violence or compelling firearm industry members to adopt new safety measures. If you or a family member has suffered harm as the result of gun violence, a Connecticut personal injury lawyer can pursue your rights to the full extent of the law.

Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven represents Connecticut residents who have been injured due to someone else’s fault. Please call 203-745-0942 or contact us online to set up a meeting with one of our attorneys.