Why Can’t We Sue the Companies That Make Our Deadliest Weapons?
Protected by an act of Congress, gunmakers have little financial incentive to prevent abuse of their products
If a single person were killed by a water pistol, you would expect the company that manufactured and sold the toy to face a massive lawsuit. Yet, after 31 people were murdered with semi-automatic weapons in Dayton and El Paso in a single weekend, gun manufacturers will likely face little liability. That’s because Congress specifically exempted gun manufacturers from most lawsuits in the 2005 Protection of Lawful Commerce in Arms Act (PLCAA). Toy gun manufacturers are accountable to the public when their products cause harm. Real gun manufacturers often aren’t.
Since it was passed in 2005, PLCAA hasn’t received much media attention; reporters (and advocates) have tended to focus on criminal law remedies and federal regulations like assault weapons bans or strengthened background checks.
Yet pro-gun enthusiasts aren’t shy about the importance of PLCAA: In 2005, then National Rifle Association (NRA) Executive Vice President Wayne LaPierre called it “the most significant piece of pro-gun legislation in 20 years.” Since its passage, though, it has slipped quietly out of the discussion. Following Dayton and El…
