HARTFORD, Conn. (AP) — Reacting to rising gun violence, Democratic lawmakers in blue states are finding ways to confront the immunity granted to gun manufacturers by a Republican-controlled Congress two decades ago. Since 2021, ten states have passed laws aimed at increasing the accountability of gun makers and sellers.
The most recent legislation in Connecticut, which took effect this month, holds firearms manufacturers and retailers liable if they do not take necessary precautions to prevent access to guns by prohibited individuals. This new law follows the trend in states allowing lawsuits against gun companies for creating a 'public nuisance' through their sales and marketing practices.
Gun rights advocates, however, are outraged, claiming these new state laws are unconstitutional and violate the Protection of Lawful Commerce in Arms Act that shields gun companies from liability for violent acts committed with their products. Lawrence G. Keane, a senior vice president for the National Shooting Sports Foundation, argued that the true intention behind these lawsuits is to financially harass the industry.
They know these laws are unconstitutional. They know these laws violate the PLCAA,” he stated. In contrast, gun control advocates believe the legislation serves to clarify responsibilities for gun manufacturers regarding the lawful sale and use of their products. Po Murray, from the Newtown Action Alliance, emphasized that these regulations are crucial for public safety and accountability, potentially preventing future tragedies.
Historically, Congress enacted protections for the gun industry following a wave of lawsuits targeting manufacturers over gun violence in urban areas. The industry argued such litigation was unfair, leading to President George W. Bush signing the PLCAA into law in 2005, aimed at reducing frivolous lawsuits against gun manufacturers.
The current landscape of gun legislation is shifting, with some states looking to circumvent established federal protections by creating new conditions under which gun manufacturers can be held liable. Laws like those in New York mandate that gun companies implement robust checks to prevent unlawful use of firearms.
As states impose new regulations, the fate of such legislation in the courts remains unsure. Recent rulings from the 2nd U.S. Circuit Court of Appeals acknowledge these laws might not be explicitly barred by existing federal law, but further legal scrutiny is anticipated. With the Supreme Court yet to weigh in on these state-level liabilities, the gun industry remains watchful amidst growing legislative scrutiny.
