Current through the 2024 Legislative Session.
Section 3273.61 - Civil actions; strict liability; penalty; attorney's fees; construction with other provisions(a) A civil action may be brought against a person who knowingly does either of the following: (1) Distributes or causes to be distributed, by any means including the internet, any digital firearm manufacturing code to any other person in this state who is not a federally licensed firearms manufacturer, member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory.(2) Commits an act that violates Section 29185 of the Penal Code, regardless of whether the act results in a conviction.(b)(1) A person who commits an act described in subdivision (a) shall be strictly liable for any personal injury or property damage inflicted by the use of a firearm that is manufactured or produced using the digital firearm manufacturing code that they distributed or caused to be distributed, or that is manufactured by means of a computer numerical control (CNC) milling machine, a three-dimensional printer, or a similar machine.(2) This subdivision does not apply to any injury or property damage sustained by a person who commits an unlawful act described in subdivision (a).(c) The Attorney General, county counsel, or city attorney may bring an action in any court of competent jurisdiction to establish that a person has violated this section and may seek a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law.(d) A prevailing plaintiff shall be entitled to recover reasonable attorney's fees and costs.(e) The remedies provided by this section are cumulative and shall not be construed as restricting any other rights, causes of action, claims, or defenses available under any other law.Added by Stats 2023 ch 243 (AB 1089),s 2, eff. 1/1/2024.