HARTFORD, Conn. — Twenty years after a Republican-controlled Congress enacted laws protecting gun manufacturers from lawsuits related to crimes committed with their firearms, states led by Democrats are working to dismantle that legal barrier. Concerned about escalating gun violence, ten states, starting in 2021, have implemented legislation aimed at allowing lawsuits against gunmakers and retailers.
The newest law, effective this month in Connecticut, holds firearm manufacturers accountable by enabling lawsuits if they fail to prevent guns from being accessed by individuals barred from ownership or those suspected of intending harm.
States such as New York have also enacted laws imposing requirements to regulate how firearms are sold, asserting that businesses must prevent unlawful possession or usage. This shift toward accountability has sparked outrage among gun rights advocates, who argue these measures violate the Protection of Lawful Commerce in Arms Act (PLCAA) enacted in 2005 to protect manufacturers from liability related to illegal acts by third parties.
Opponents, like Lawrence G. Keane of the National Shooting Sports Foundation, argue these new measures attempt to circumvent established protections, labeling them as politically motivated. Meanwhile, proponents of gun control contend that these regulations promote safer gun sales and usage, potentially preventing future tragedies.
After the Sandy Hook shooting, legal precedent set by lawsuits against Remington showcased potential avenues for holding manufacturers accountable, which has further inspired state-level efforts. Advocates stress that the new measures enhance public safety by clarifying the responsibilities of gun manufacturers and their obligation to operate within the law.
As litigation emerges under these new laws, experts speculate on their potential effectiveness in mitigating gun violence and whether the courts will uphold these state-level challenges against the PLCAA.
