Gun Manufacturers Face New Legal Challenges as States Push for Accountability

HARTFORD, Conn. (AP) — In a vigorous response to gun violence, several states are beginning to chip away at the legal immunity that has protected gun manufacturers from lawsuits for nearly two decades. The legislative shift is particularly marked in blue states, where lawmakers are introducing new laws aimed at holding gun manufacturers accountable for their products.

Following the passage of 10 laws intended to allow easier legal pursuits against gunmakers since 2021, Connecticut has now joined the ranks, with a new law that took effect this month. This law opens the door for lawsuits against gun manufacturers and sellers if they fail to prevent their firearms from falling into the hands of those prohibited from owning them, or those who might intend to use them for harm.

These legislative efforts have provoked sharp reactions from gun rights advocates, who argue that they attempt to circumvent the Protection of Lawful Commerce in Arms Act (PLCAA) of 2005, designed to protect manufacturers from being held liable for the misuse of their products. They know these laws are unconstitutional, asserts Lawrence G. Keane from the National Shooting Sports Foundation. He claims the priority behind such legislation is to financially undermine the gun industry.

Gun control advocates counter that these new laws are essential for ensuring that gun companies operate within the bounds of legality and responsibility. Po Murray, chairwoman of Newtown Action Alliance, highlighted the importance of these measures in promoting safer firearm sales and preventing future violence.

Two Decades of Federal Immunity

The PLCAA was enacted largely in response to various lawsuits from cities targeting the firearms industry for their alleged role in promoting gun violence. Advocates for gun manufacturers maintain that lawsuits against them for the actions of criminals undermine their rights, stating they should not be penalized for the actions of law-breakers.

A New Approach

Some argue the legal protections provided to the gun industry are starting to show cracks. Recent state laws aim to expand liability through the introduction of new requirements, like those outlined in New York’s 2021 regulation, which mandates that firearm sellers must implement clear controls to prevent unlawful possession of guns.

These legal developments could potentially pave the way for new court decisions that redefine the extent of gun manufacturers' liability, posing an unpredictable future as these states brace for legal challenges ahead.

What’s Next?

The outcome of these legal battles remains uncertain, with many courts still to weigh in on the constitutionality and applicability of these new state laws against the backdrop of the PLCAA. Observers will be closely watching how the courts interpret recent rulings and challenge the existing protections for gun manufacturers.