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3/5/2026
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Bill would permit negligence lawsuits against gun industry
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STATE HOUSE – Sen. Pamela J. Lauria and House Health and Human Services Committee Chairwoman Susan R. Donovan have introduced legislation intended to protect public safety by enabling civil lawsuits at the state level against firearms sellers or manufacturers who fail to take reasonable controls to prevent the illegal acquisition or modification of their products.
The bill (2026-H 7557, 2026-S 2611) is meant to provide an avenue to hold gun manufacturers and dealers accountable for such negligence – since federal law enables them largely to avoid consequences even if their misconduct or recklessness causes harm.
“A federal law passed by the gun lobby provides the gun industry with a broad immunity from civil lawsuits that no other industry has. Our bill ensures victims of gun violence can access our justice system when they are harmed as a result of knowingly reckless conduct by members of the firearms industry. By mandating that members of the industry implement reasonable control and procedures to prevent things like theft and gun trafficking, we can ensure the small number of bad actors within the industry face the same liability as any other business in Rhode Island,” said Senator Lauria (D-Dist. 32, Barrington, Bristol, East Providence).
The federal Protection of Lawful Commerce in Arms Act (PLCAA) largely shields firearms manufacturers, distributors and dealers from liability when their products are used in crimes by prohibiting “qualified civil liability actions” in state or federal courts. As such, in many cases it allows gun manufacturers or dealers to avoid accountability even if they create risk of harm to the public through their business practices – such as looking the other way when criminals make straw purchases.
However, PLCAA allows states to set the rules for the industry within their own jurisdictions and allows liability for those who violate those laws.
Representative Donovan and Senator Lauria’s bill requires that firearm industry members in Rhode Island take basic, reasonable measures to prevent their products from being obtained by those who are prohibited from having them or being modified illegally, and allows lawsuits by those harmed when dealers, manufacturers and other industry members knowingly fail to do so.
“Every industry has a responsibility to ensure its products do not cause undue harm through negligence, and every Rhode Islander has the right to access our justice system,” said Representative Donovan. “This bill ensures the gun industry is no longer the exception to that rule, creating clear standards that will help keep illegal firearms off our streets and ensuring survivors of gun violence can get their day in court.”
The bill would not hold dealers or manufacturers liable solely due to a crime being committed with their product; It would allow suits only if their action or failure to act created a reasonable, foreseeable risk of harm. Examples include completing a firearms sale despite obvious indications that the buyer was purchasing the weapon for someone else or that they intended to use it for violence, advertising their product for illegal uses or negligent lack of security that results in theft of their products from their premises.
Under the bill, such lawsuits could be filed by individuals who are harmed by the industry member’s action or inaction, as well as by municipalities or the attorney general on behalf of the public.
The legislation has the support of GIFFORDS and the Rhode Island Coalition Against Gun Violence.
“The gun industry must be held liable for unlawful and greedy business practices, just like any other industry, from pharmaceuticals to car companies. The victims of gun violence and their families are entitled to justice when they are harmed by these unjust practices,” said Joe Platte, senior state legislative manager at GIFFORDS. “For too long, we have denied gun violence victims their day in court. With this bill, Rhode Island has the opportunity to turn that around. GIFFORDS is proud to support State Senator Lauria and State Representative Donovan as they introduce this important legislation. It is time for Rhode Island to once again choose public safety over the profits of reckless gun industry CEOs.”
“For too long, the gun industry has enjoyed a unique shield from the consequences of dangerous business practices that put Rhode Islanders at risk,” said Ariana Wohl, board chair of the Rhode Island Coalition Against Gun Violence. “By requiring basic, reasonable steps to prevent illegal gun trafficking and other harms, this legislation ensures that the firearms industry is held to the same standards of responsibility as every other business in our state. The Rhode Island Coalition Against Gun Violence stands with Senator Lauria and Representative Donovan in their effort to provide survivors with the justice they deserve and to keep our communities safe from foreseeable harm.”
The bills have been both assigned to their chambers’ Judiciary committees.
For more information, contact: Meredyth R. Whitty, Publicist State House Room 20 Providence, RI 02903 (401) 222-1923
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