#plcaa — Public Fediverse posts

The Supreme Court is dropping some pretty awful decisions. I wrote about yesterday's regarding gun smuggling, for Slate. Just published there. https://slate.com/news-and-politics/2025/06/supreme-court-clarence-thomas-ketanji-brown-jackson-guns.html #lawfedi #PLCAA #Mexico #FirearmsIndustry

The shootings in Missouri today are another clarion call: every state in the U.S. can and should enact statutes to ground civil suits against irresponsible #gun manufacturers and sellers. The gun industry is fighting these statutes in court. I explain and defend the desirability, lawfulness, and constitutionality of such statutes in this article, forthcoming in Yale Law Journal Forum. Neither #PLCAA nor the #SecondAmendment invalidate these laws. https://drive.google.com/file/d/1Dw3rMKXX1DlHKa9GXk1bojxSgYUxsP8r/view?usp=drivesdk #LawFedi #KansasCity

Forthcoming, Yale Law Journal Forum, by me: a defense of statutes that create public nuisance and consumer protection causes of action against firearms manufacturers for failure to take reasonable measures to control the flow of guns to criminal users. Such laws qualify as predicate statutes under The Protection of Lawful Commerce in Arms Act (#PLCAA). They neither implicate nor infringe the constitutional right to bear arms. Public access to preprint at https://drive.google.com/file/d/15PNxb_uofV9dzCZxQEm6VTKkZboRLNqb/view?usp=drivesdk #LawFedi #Bruen

Now available on SSRN, prepublication draft of my forthcoming article, What It Takes to Write Statutes that Hold the Firearms Industry Accountable to Civil Justice at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4709711
#LawFedi #guns #law #justice #Bruen #PLCAA #2A

In the long term the US must overturn the #PLCAA and eventually the #secondAmendment, but in the meantime - as gun manufacturers are responding to demand by building more and more gun *factories* - huge civil lawsuits are an ideal way to finally make some progress on #gunControl.

Right now key to this effort is overturning state laws designed to shield gun manufacturers.

https://www.theguardian.com/us-news/2023/may/27/gun-lawsuits-manufacturer-sellers-crimes

https://giffords.org/lawcenter/gun-laws/policy-areas/other-laws-policies/gun-industry-immunity/

I’ve very quickly sketched how the gun industry and gun zealots have attempted, with great success, to put the gun industry beyond the reach of law. There is nothing in American history or legal precedent that justifies this utterly bizarre situation. 4/4 #LawFedi #GunViolence #2A #PublicNuisance #PLCAA

Furthermore, gun manufacturers and the groups that lobby and litigate on their behalf are aiming to further throttle civil accountability by arguing that violations of public nuisance laws may not be used as a basis to bring some lawsuits within a clear exception to the otherwise broad ban, implemented by #PLCAA, on suits against gun manufacturers who cause mass murders by marketing their guns to civilians particularly likely to use them to commit this sort of violence. 3/