Jump to ContentJump to Main Navigation
Show Summary Details
More options …

Journal of Tort Law

Founded by Coleman, Jules

Editor-in-Chief: Robinette, Christopher

Editorial Board Member: Geistfeld, Mark A / Goldberg, John / Perry, Ronen / Sharkey, Catherine M. / Witt, John / Zipursky, Benjamin

2 Issues per year


CiteScore 2016: 0.42

SCImago Journal Rank (SJR) 2015: 0.241
Source Normalized Impact per Paper (SNIP) 2015: 0.170

Online
ISSN
1932-9148
See all formats and pricing
More options …

Torts and Guns

Stephen D. Sugarman
Published Online: 2017-06-17 | DOI: https://doi.org/10.1515/jtl-2017-0007

Abstract

When Hillary Clinton and Bernie Sanders squabbled during their 2015-16 election campaigns over the federal Protection of Lawful Commerce in Arms Act (PLCAA), they were talking past each other, misleading their listeners, and failing to understand what this statute pre-empting some state tort claims against the gun industry was actually about. Many critics of PLCAA argue that gun makers and sellers should be liable just like those in the auto, pharmaceutical drug, and tobacco industries. Yet, it is very rare for defendants in those industries to be successfully sued in tort for the sort of conduct that gun control advocates would like to hold the gun industry liable. In contrast to the hopes and fears of Clinton and Sanders, repealing PLCAA would not likely result in a burst of successful lawsuits, although some might be winners. Perhaps potential and actual tort litigation against this industry is better understood as part of a longer term battle over public opinion and eventual legislative reform.

Keywords: Gun litigation; tort claims; pre-emption; negligent marketing

About the article

Published Online: 2017-06-17

Published in Print: 2017-08-28


Citation Information: Journal of Tort Law, ISSN (Online) 1932-9148, DOI: https://doi.org/10.1515/jtl-2017-0007.

Export Citation

© 2017 Walter de Gruyter GmbH, Berlin/Boston. Copyright Clearance Center

Comments (0)

Please log in or register to comment.
Log in