Colo. Rev. Stat. § 6-27-105

Current through Chapter 123 of the 2024 Legislative Session
Section 6-27-105 - Cause of action for violations of standards of responsible conduct
(1) A person or entity that has suffered harm as a result of a firearm industry member's acts or omissions in knowing violation of section 6-27-104 may bring a civil action pursuant to this article 27 in a court of competent jurisdiction.
(2) The attorney general, or the attorney general's designee, may bring a civil action in a court of competent jurisdiction to enforce this article 27 and remedy harms caused by any acts or omissions in knowing violation of section 6-27-104.
(3) In an action brought pursuant to this section, if the court determines that a firearm industry member engaged in conduct in violation of section 6-27-104, the court shall award just and appropriate relief, which may include but is not limited to:
(a) Injunctive relief sufficient to prevent the firearm industry member and any other defendant from further violating this article 27;
(b) Compensatory and punitive damages;
(c) Reasonable attorney fees, filing fees, and reasonable costs of action; and
(d) Any other just and appropriate relief necessary to enforce this article 27 and remedy the harm caused by the violation.
(4) In an action brought pursuant to this article 27, and notwithstanding any intervening act by a third party, if a firearm industry member's knowing violation of this article 27 creates a reasonably foreseeable risk that harm would occur, the firearm industry member's violation is presumed to be the proximate cause of the harm suffered by the plaintiff.
(5) An action brought pursuant to this section must be commenced within five years after the date that the violation occurred or the harm was incurred.
(6) A civil action brought pursuant to this section may be brought in:
(a) The county in which all or a substantial part of the events or omissions giving rise to the claim occurred;
(b) The county of residence of any one of the natural person defendants at the time the cause of action accrued;
(c) The county of the principal office in this state of any of the defendants that is not a natural person; or
(d) The county of residence for the plaintiff if the plaintiff is a natural person residing in Colorado.

C.R.S. § 6-27-105

Added by 2023 Ch. 122,§ 2, eff. 10/1/2023.