(1) This section applies to a firearm industry member engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of a firearm industry product that meets any of the following conditions:
(a) The firearm industry product was sold, made, distributed, or marketed in this state; or
(b) The firearm industry product was intended to be sold, made, distributed, or marketed in this state.
(2) A firearm industry member shall not knowingly engage in conduct, through acts or omissions, that violates the Colorado Consumer Protection Act, article 1 of this title 6, including any unfair or deceptive trade practice, as described in section 6-1-105.
(3) A firearm industry member shall not knowingly engage in conduct, through acts or omissions, that violates article 12 of title 18.
Source: L. 2023: Entire article added, (SB 23-168), ch. 122, p. 455, � 2, effective October 1.
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 part 1 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 part 1 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 part 1;
(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 part 1 and remedy the harm caused by the violation.
(4) In an action brought pursuant to this part 1, and notwithstanding any intervening act by a third party, if a firearm industry member's knowing violation of this part 1 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.
Source: L. 2023: Entire article added, (SB 23-168), ch. 122, p. 455, � 2, effective October 1. L. 2024: (1), (2), (3)(a), (3)(d), and (4) amended, (SB 24-066), ch. 141, p. 521, � 6, effective August 7.