The marketing exception to the law allowed parents of children killed in the 2012 Sandy Hook Elementary School massacre to successfully sue Remington Arms last year. A state lawsuit in San Diego after a 2019 shooting was allowed to proceed last year on the same basis.
The survivors of the shooting at a San Diego-area synagogue argued that Smith & Wesson used marketing “that attracted impulsive young men with military complexes who were particularly likely to be attracted to the unique ability of AR-15 style weapons.”
Smith & Wesson responded that the federal law shielded them from such lawsuits, but a San Diego County Superior Court judge disagreed, citing the marketing exception.
Michael Schwartz, executive director of San Diego County Gun Owners, said the bill and others brought forward by Democrats this session are a threat to gun ownership rights throughout California.
“If fully realized and implemented, it’s an enormous threat to gun rights,” Schwartz said. “There’s no way to stop anyone from using a product illegally. But you wouldn’t sue Ford for someone drinking and driving.”
When it comes to the JR-15, singled out by Newsom, Schwartz said marketing is still directed to the people who can purchase the guns: the parents. And, he said, previous laws around regulating the marketing of age-limited products like tobacco don’t apply to guns.