Slowly But Surely: The U.S. Congress’ Attempt to Shield Gun Manufacturers from Liability

Abstract

This paper presents an overview of the origin and the evolution of the suits filed against gun manufacturers and continue with a concise presentation of the content of the Protection of Lawful Commerce in Arms Act, passed by the U.S. Congress on October 26, 2005, that sought to protect firearms manufacturers from being sued for the criminal misuse of their lawful products by third parties.

With the adoption of this Act it seems that Congress has decided to protect the firearm industry from these lawsuits based on the understanding that a significant amount of them are frivolous, by making it very difficult for victims to bring a claim against gun manufacturers for the harm suffered by guns.

Keywords: Tort Law, gun manufacturers, Protection of Lawful Commerce in Arms Act, criminal use and misuse of lawful products, frivolous claims