Author/Title/Description

Dennis Henigan, "Paying the Bill for Violence," National Law Journal, Vol13, No.21 J. Bonderman (January 1991)

Selling assault weapons to the general public is, in and of itself, an abnormally dangerous activity, which should expose gun dealers to strict liability for injuries and deaths resulting therefrom. Applications of the abnormally dangerous activity doctrine will allow courts to shift the high costs of assault weapon violence from victims and society at large.

Dennis Henigan, "Gun Control Through Tort Law," Legal Times (August 19, 1991)

Once the exception to the rule, the trend towards holding dealers accountable when an irresponsible gun sale leads to violence, is slowly building momentum. The author refers to several cases that indicate a willingness of courts to apply negligence principles in ways that punish the gun industry for wrongful conduct of individual dealers.

Mark Polston, "Suing Firearm Dealers for Gunshot Injuries – Liability Without Defect," Product Liability Law Reporter, Vol. 13 (July 1994)

Federal, state and local laws provide attorneys with the prospect of successfully suing gun dealers for sales of non-defective guns where customers subsequently use the guns in crimes, suicides or negligent acts. The author examines several cases to demonstrate the viability of this approach to holding gun dealers liable for gun-related violence.

Mark Polston, "Civil Liability for High Risk Gun Sales: An Approach to Combat Gun Trafficking," Seton Hall Legislative Journal, Vol. 19, #3 (1995)

Federal and State laws licensing firearms' transactions need bolstering to end gun trafficking and to stamp out the illegal gun market. The author illustrates how imposing tort liability on gun dealers for selling guns, knowing that such guns will end up on the illegal gun market, will reduce the rate of gun-related crimes.

Mark Polston, Doug Weil, "Sin Under Siege: The Legal Attack on Firearms, Tobacco & Gambling. Unsafe by Design: Using Tort Actions to Reduce Firearm-Related Injuries," Stanford Law & Policy Review, Vol. 8: 1 (Winter 1997)

Using the accidental shooting death of a minor by his fourteen-year-old friend as the starting point, the authors explain how civil liability can be imposed against both gun owners and gun manufacturers for unintentional shootings. Given that 61% of gun owners living with children keep at least one gun in an unlocked place, the imposition of civil liability against gun owners will lead to the safer storage of guns. Additionally, imposing civil liability on gun manufacturers for unintentional shootings will encourage the redesign of guns with safety features.

Jonathan E. Lowy, "Litigating Accidental Shooting Cases Against Gunmakers: A Working Model," The Brief, Vol. 28 No. 3 (Spring 1999)

The article is designed to give insights to practitioners concerning basic theories of liability in the Under-litigated area of design defects in firearms. If guns were sold with basic safety features and Adequate warnings, many shooting tragedies could be avoided. The author provides a practice Brief outlining design defect claims against gun manufacturers.

Allen Rostron, "Should Government Sue Gun Makers to Recover Costs?" Knight-Ridder newspaper syndication (December 1999)

Public housing authorities have compelling reasons to assert their legal rights against gun manufacturers in an effort to reduce danger and to recoup some of the billions of taxpayer dollars spent trying to protect residents.

Brian J. Siebel, "City Lawsuits Against the Gun Industry: A Roadmap for Reforming Another Deadly Industry," St. Louis University Public Law Review, Vol. XVIII, No. 1, 1999

The author provides a comprehensive analysis of the city lawsuits, including the legal theories and public policy justifications behind the litigation. The public costs of gun violence are substantial, and the city lawsuits provide an excellent vehicle for reform of this deadly industry. Using the New Orleans and Chicago lawsuits as models, the author provides a detailed description of the Major theories used by dozens of cities in their claims against the gun manufacturers.

Jonathan E. Lowy, "Litigating Against Gun Manufacturers," Trial (November 2000)

The author explains the theories of liability which can be asserted against gun manufacturers, including legal precedents and arguments supporting claims under negligence, nuisance, and product liability.

Brian J. Siebel, "The Case Against the Gun Industry" Public Health Reports (Sept/Oct 2000)

More than two years ago, New Orleans became the first city in the nation to file suit against the gun industry. Shortly thereafter, the city of Chicago and Cook County followed with a second lawsuit. The lawsuits struck an immediate chord with municipal and county officials across the United States, who have been facing widespread gun violence in their communities for years.

Allen Rostron, "Gunning for Justice" Trial (November 2001)

In courts across the country, plaintiffs are demanding that the gun industry be held accountable for dangerous and irresponsible practices. The premise of the lawsuits is that gun manufacturers could design and distribute their products more safely and prevent many serious injuries and deaths.

Brian Siebel, "Blind Eye For Killers" Legal Times (October 2003)

Tomorrow, alleged sniper John Muhammed goes on trial in Virginia. Have you ever wondered how he and his purported partner, Lee Boyd Malvo, got the assault rifle that was the instrument of their attacks? Or have you thought more generally about how felons and gang members can so easily get handguns, especially in a place like Washington, D.C., where the possession of handguns has been illegal since 1976? Well, the answer is they acquire them — using straw buyers or other methods to get around the Brady Law — from gun dealers outside the District who engage in risky business practices.

Brian Siebel, "The Gun Industry's 'Dirty Little Secret'" The Recorder (October 2003)

This week, alleged sniper John Muhammed went on trial in Virginia. Have you ever wondered how he and his purported partner, Lee Boyd Malvo, got the assault rifle that was the instrument of their attacks? Or have you thought more generally about how felons and gang members can so easily get handguns, especially in places like Washington, D.C., where the possession of handguns has been illegal since 1976? Well, the answer is they acquire them — using straw buyers or other methods to get around the Brady Law — from gun dealers who engage in risky business practices.

Titles

Author/Title/Description

J. Bonderman, "Seller Conduct is the Key to Assault-Gun Liability," Leader's Product Liability Law & Strategy (April 1991)

Sellers of nondefective handguns have escaped liability for criminal misuse of their products.The author makes a persuasive argument that sellers of assault weapons should be treated differently. Claims applying the ultrahazardous activity doctrine and a simple negligence analysis may lead to assault weapon dealer liability, based on improper marketing decisions that endanger the public.

J. Bonderman, "In Search of Justice: Compensation of Victims of Assault Weapon Violence," BNA Product Safety & Liability Reporter, Vol. 20, No 25 (June 1992)

The "abnormally dangerous activity" doctrine and negligence serve as means to shift costs of injuries and deaths resulting from the use of semiautomatic assault weapons from victims and society at large to gun dealers.Cost shifting resulting from the imposition of tort liability will force gun dealers to either increase costs of assault weapons or limit their sale to the military and police.Either choice will have positive ramifications for public safety.

J. Bonderman, "After the Ban: Shifting the Cost of Assault Weapon Violence to the Gun Industry," Cvil Trial Bar Section Newsletter, Vol. IV, No. 2, NJ State Bar Association (Feb. 1992)

Although the ban of certain assault weapons by the New Jersey Legislature is a positive step, the author argues that judicial action is required to shift the costs of violence caused by assault weapons from victims to assault weapon manufacturers and dealers.The author focuses on the abnormally dangerous activity doctrine as a means to ensure that the assault weapons industry bear the costs for the lethal consequences of their trade.

J. Bonderman, "Civil Liability of Firearms Dealer for Illegal Sale of Crime Gun," CTLA Forum (June 1993)

Imposing liability on gun dealers for violating statues baring sales of guns to minors and other prohibited persons, based on negligence causes of action, will change overall behavior of those involved in the industry.The author looks at several cases indicative of the trend toward imposing dealer liability when the sale is illegal or the foreseeability of harm is evident.

Dennis Henigan, "Victims' Litigation Targets Gun Violence," Trial (Feb. 1995)

This article looks at the movement within the judiciary toward "fashioning a common law of accountability that recognizes that the inherent danger of firearms justifies a higher standard of conduct."This development has led to owner liability for improperly stored guns used in accidental shootings by minors, retailer liability for negligent or illegal gun sales, and manufacturer liability for the manufacture and sale of guns having no legitimate purpose that are used in crimes.

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Author/Title/Description

Dennis Henigan, "Ashcroft's Bad Aim" Legal Times (July 2002)

The Attorney General John Ashcroft's change in the Justice Department's long-standing interpretation of the Second Amendment is weakening the Department's legal defense of gun laws against challenges made by criminal defendants charged with violating those laws.

Allen Rostron, "Is Clinton Right in Showdown with NRA over Gun Control?" Knight-Ridder newspaper syndication (April 2000)

The NRA's recent claims about President Clinton willingly accepting shooting deaths to further his political agenda reveal the increasingly desperate lengths to which the NRA will go to shift attention away from the weaknesses of our gun laws and the vital need to strengthen them.

Dennis Henigan, "N.R.A. Should Not Rejoice: Brady Act Lives On," National Law Journal (Summer 1997)

Since its enactment, the Brady law has stopped handgun sales to 250,000 felons and other high risk gun buyers. Given its success, the Supreme Court decision that struck down the mandatory background check provision of Brady is not a victory for the anti-gun law advocates. Despite the Supreme Court decision, most police officers will continue to perform background checks, and the effectiveness of other gun laws has been left intact.

Brian Siebel, "Point and Counterpoint on Handgun Control," Communique (Sept. 1996)

The epidemic proportions to which handgun violence has soared provides a compelling impetus for handgun control. Using handgun death statistics as a background, the author addresses the need to limit handgun access and make the storage and handling of handguns safer through proposed Brady II legislation.

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Author/Title/Description

Guest Editorial: Sarah Brady, "Marketing Handguns to Women: Fair Advertising or Exploitation?"

"Much has been written about the growing trend of women purchasing handguns for self-protection. What is often overlooked, however, is that this "trend," if in fact it is real, is not spontaneous. As with any product, when sales are down, producers look for a new market. Women have become the latest untapped market for gun manufacturers looking to boost sagging sales and for pro-gun organizations looking for new members."

Titles