Crime Issues

Suit Against Gun Makers Targets Wrong Group

A suit against gun manufacturers argues that they negligently flood cities with more guns than they could expect to sell to law-abiding citizens, thus aiding and abetting criminals. Attorney Elisa Barnes says the firearm industry should compensate her clients, two women who lost loved ones to criminal gun use.

Policy analysts warn that this lawsuit, if successful, would establish bad law.

  • The courts would be legislating, whereas in the past they have held questions concerning whether firearms should be legal are for legislatures to decide.

  • It would reverse well-established tort law that manufacturers aren't responsible for the criminal misuse of their products.

  • Also, it would be bad public policy because guns prevent more harm than they cause.

Studies show that armed citizens use guns defensively nearly 2.5 million times a year -- usually just showing the gun to ward off a criminal. Nearly 3,000 criminals are lawfully killed each year be armed civilians -- more than three times the number killed by police. And an additional 9,000 to 17,000 criminals are wounded by civilians each year.

Analysts suggest perhaps the public and crime victims should file a class-action suit against Barnes and groups like Handgun Control Inc., whose lawsuits and successful lobbying for restrictive gun laws make the public less safe.

Source: H. Sterling Burnett, "Don't Blame Gun Makers for Misuse," Dallas Morning News, November 2, 1998.


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