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Gun Violence in Court.
Abbe R Gluck1, Alexander Nabavi-Noori1, Susan Wang1
1Abbe R. Gluck, J.D., is Professor of Law and the Founding Faculty Director of the Solomon Center for Health Law and Policy at Yale Law School and Professor of Medicine at Yale School of Medicine. Alexander Nabavi-Noori is a J.D. Candidate at Yale Law School, Class of 2021. Susan Wang is a J.D. Candidate at Yale Law School, Class of 2021.
Summary
Litigation against the gun industry faces unique challenges, including regulatory hurdles and the Protection of Lawful Commerce in Arms Act (PLCAA). Victories in gun violence litigation are currently limited to individual cases, lacking broader impact.
Area of Science:
- Public Health Law
- Torts
- Gun Violence Prevention
Background:
- Litigation can complement regulation in public health crises by raising awareness and prompting action.
- Previous litigation against industries like tobacco and opioids has led to significant change.
- The firearm industry presents unique challenges for litigation due to regulatory gaps and specific legal immunities.
Purpose of the Study:
- To survey and analyze litigation responses to gun violence targeting the firearm industry.
- To identify the successes and limitations of legal actions against gun manufacturers and sellers.
- To compare firearm litigation with high-impact public health litigation in other sectors.
Main Methods:
- Review of legal cases involving gun violence and the firearm industry.
- Analysis of litigation outcomes, focusing on monetary relief, systemic change, and accountability.
- Comparative analysis with landmark litigation in other public health domains.
Main Results:
- Litigation against the gun industry has faced significant obstacles, including the Protection of Lawful Commerce in Arms Act (PLCAA).
- Successful cases have been largely confined to individual claims rather than large-scale actions.
- Aggregate class actions and major public litigation, such as those led by state attorneys general, are notably absent in the firearm context.
Conclusions:
- Current litigation strategies have achieved limited success in addressing gun violence comprehensively.
- The firearm industry's legal protections and regulatory environment hinder broader legal challenges.
- Future efforts may need to address legislative and regulatory barriers to enable more impactful litigation against the gun industry.