In the wake of two decades of immunity from lawsuits, a growing number of states are challenging gun manufacturers by enacting new laws aimed at enhancing accountability in the firearms industry. Frustration over gun violence has led states like Connecticut to implement legislation that not only allows for lawsuits against manufacturers but also imposes a duty to prevent unlawful access to firearms.
Since 2021, ten states have passed similar laws, ensuring that gunmakers are liable if they fail to enforce measures that help keep firearms away from prohibited individuals.
The latest law in Connecticut takes effect this month and is designed to facilitate lawsuits against manufacturers and retailers who neglect to prevent firearms from reaching individuals who may pose a risk to themselves or others. This law is part of a wave of newly enacted measures wherein lawsuits are permitted against companies seen to have contributed to a public nuisance through their operations.
However, these developments have provoked backlash from gun rights advocates who argue that the recent legislative efforts are unconstitutional and infringe upon the protections established by the Protection of Lawful Commerce in Arms Act (PLCAA) of 2005. This federal law was enacted to shield gun manufacturers from litigation stemming from crimes committed with their products.
Lawrence G. Keane from the National Shooting Sports Foundation expressed concerns over the legitimacy of these new laws, stating they are merely an attempt to financially cripple the firearms industry through relentless litigation.
In response, advocates for stricter gun control argue that these measures are necessary for holding the industry accountable and ensuring that gun companies operate responsibly. Po Murray, chair of the Newtown Action Alliance, asserts that these legal frameworks provide a means for survivors to seek justice while prompting manufacturers to adopt more responsible business practices.
Historically, the gun industry has opposed challenges that aim to hold them accountable for violence tied to their products, arguing that they should not bear the repercussions of illegal actions taken by individuals who misuse firearms. Nine states have recently enacted laws demanding that firearm companies develop controls to prevent unlawful possession of their guns, emphasizing a shift toward greater industry responsibility.
As these new laws are tested in courts, their futures remain uncertain. Nevertheless, legal experts anticipate that ongoing litigation may lead to significant precedents in the way firearms manufacturers are held accountable for public safety.
