Theories In the Lawsuits Brought by Cities and Counties Against the Gun Industry

The city, county, and state governments that have sued the gun industry have pled claims under a number of legal theories, including products liability, negligence, public nuisance, and unjust enrichment. While the details of the legal theories vary greatly depending on the law of the state in which the case is brought, all of the cases involve some combination of a small number of basic factual theories about what the gun industry does wrong and what it could do to reduce the harm now being caused by its actions.

First, for years the industry has focused all of its design innovation efforts on making more concealable and/or more powerful guns, while it has blocked installation of feasible, available safety features and devices that would prevent thousands of unintentional shootings and teen suicides, as well as crimes committed with stolen guns.

Second, the industry has established a distribution system without controls, and may have consciously targeted criminal markets, thereby making it all too easy for criminals and juveniles to obtain guns from the legal marketplace.

Third, the industry has deceptively advertised and marketed guns as increasing the safety of homes, when empirical research has proven that a gun in the home increases the danger to members of the household.

Fourth, certain gun makers have marketed high-firepower assault weapons that have no legitimate sporting or self defense use, but are perfectly suited for criminals.