9 - Firearms Violence as a Public Nuisance

Summary

Chapter 9 turns to an exploration of the repeated history of plaintiffs harmed by gun violence to sue defendant actors in the firearms industry: gun manufacturers, distributors, sellers, and traffickers. The chapter begins with a statistical description of the toll of gun violence in the United States, documenting deaths, murders, suicides, and accidental injuries resulting from use or misuse of guns. The firearms industry has long been immunized from lawsuits based on the 2005 Protection of Lawful Commerce in Arms Act, which provided blanket immunity from suit to the firearms industry. Courts have dismissed virtually all firearms litigation in the 20th and 21st centuries, pursuant to PLCAA. The chapter discusses the applicability of PLCAA exemptions, and how plaintiffs have attempted to exploit the predicate statute exception to pursue public nusiance claims against gun defendants. Courts typically have disallowed firearms litigation under the predicate statute exception. The chapter ends with an analysis of recent legislative initiatives in New York, New Jersy, Delaware, and California to enact firearms public nuisance statutes to come within the PLCAA predicate statute exemption.