Can US gunmakers be liable for mass shooting | The Business Standard
Skip to main content
  • Latest
  • Economy
    • Banking
    • Stocks
    • Industry
    • Analysis
    • Bazaar
    • RMG
    • Corporates
    • Aviation
  • Videos
    • TBS Today
    • TBS Stories
    • TBS World
    • News of the day
    • TBS Programs
    • Podcast
    • Editor's Pick
  • World+Biz
  • Features
    • Panorama
    • The Big Picture
    • Pursuit
    • Habitat
    • Thoughts
    • Splash
    • Mode
    • Tech
    • Explorer
    • Brands
    • In Focus
    • Book Review
    • Earth
    • Food
    • Luxury
    • Wheels
  • Subscribe
    • Get the Paper
    • Epaper
    • GOVT. Ad
  • More
    • Sports
    • TBS Graduates
    • Bangladesh
    • Supplement
    • Infograph
    • Archive
    • Gallery
    • Long Read
    • Interviews
    • Offbeat
    • Magazine
    • Climate Change
    • Health
    • Cartoons
  • বাংলা
The Business Standard

Wednesday
July 23, 2025

Sign In
Subscribe
  • Latest
  • Economy
    • Banking
    • Stocks
    • Industry
    • Analysis
    • Bazaar
    • RMG
    • Corporates
    • Aviation
  • Videos
    • TBS Today
    • TBS Stories
    • TBS World
    • News of the day
    • TBS Programs
    • Podcast
    • Editor's Pick
  • World+Biz
  • Features
    • Panorama
    • The Big Picture
    • Pursuit
    • Habitat
    • Thoughts
    • Splash
    • Mode
    • Tech
    • Explorer
    • Brands
    • In Focus
    • Book Review
    • Earth
    • Food
    • Luxury
    • Wheels
  • Subscribe
    • Get the Paper
    • Epaper
    • GOVT. Ad
  • More
    • Sports
    • TBS Graduates
    • Bangladesh
    • Supplement
    • Infograph
    • Archive
    • Gallery
    • Long Read
    • Interviews
    • Offbeat
    • Magazine
    • Climate Change
    • Health
    • Cartoons
  • বাংলা
WEDNESDAY, JULY 23, 2025
Can US gunmakers be liable for mass shooting

USA

Reuters
26 May, 2022, 08:35 am
Last modified: 26 May, 2022, 08:49 am

Related News

  • Maine shooting suspect found dead in cargo trailer, motive still a mystery
  • US Supreme Court won't revive law targeting federal gun curbs
  • Kamala Harris tasked with new role fighting US gun violence
  • Shots fired into a crowd of hundreds after a holiday festival in Texas leave 3 dead, 8 injured
  • Texas man accused of killing five neighbours last week, arrested

Can US gunmakers be liable for mass shooting

Reuters
26 May, 2022, 08:35 am
Last modified: 26 May, 2022, 08:49 am
Representational Image
Representational Image

An 18-year-old gunman stormed a Texas elementary school on Tuesday and killed 19 children and two teachers, reigniting a debate in the United States over gun control and the potential legal liability for manufacturers of firearms.

Below is a look at attempts to use the courts to hold manufacturers liable for mass shootings.

US GUN COMPANIES ARE GENERALLY PROTECTED FROM LAWSUITS

The Business Standard Google News Keep updated, follow The Business Standard's Google news channel

Since 2005, the Protection of Lawful Commerce in Arms Act (PLCAA) has provided near blanket immunity for gun makers and dealers from liability for crimes committed with their products. The law was passed after lawsuits by several cities tried to hold companies liable for gun violence.

ARE THERE EXCEPTIONS?

Yes. The PLCAA has several provisions that allow a company to be sued, including for claims a company has knowingly violated laws related to the marketing of the product related to the shooting.

The Connecticut Supreme Court said in 2019 that the federal law permitted a lawsuit by some of the families of the victims of a 2012 shooting at the Sandy Hook Elementary School. The families sued Remington for violating the state's marketing law by allegedly promoting its Bushmaster rifle for criminal use.

Remington, which twice filed for bankruptcy during the case, agreed in February to pay the families $73 million, the first settlement of its kind. 

Also in 2019, the Indiana Court of Appeals said PLCAA did not prevent the city of Gary from pursuing a 1999 lawsuit against firearms manufacturers under the state's public nuisance laws. Nuisance laws can be used to hold a defendant liable for damage done to a public good, like community safety, and the city alleged the manufacturers knew of illegal handgun sales and failed to prevent them.

Two federal appeals courts, however, have ruled that public nuisance lawsuits are barred by PLCAA because they don't apply to the sale or marketing of firearms.

OTHER LEGAL CASES

Following the Connecticut Supreme Court ruling, other cases were launched that are working their way through the courts, seeking to seize on exemptions in PLCAA.

Victims of a 2019 mass shooting at a California synagogue sued Smith & Wesson, saying the company negligently marketed the AR-15 style rifle used by the shooter. A state court judge rejected last year the company's argument the lawsuit was barred under PLCAA.

Meanwhile, the Texas Supreme Court ruled earlier this year that an online seller of ammunition, Luckygunner.com, was not protected by PLCAA from a lawsuit on behalf of victims of a 2018 shooting at a Santa Fe, Texas, high school. The company is accused of knowingly violating a law that makes it illegal to sell ammunition to minors.

Mexico last year sued Smith & Wesson Brands Inc and Sturm, Ruger & Co and other firearm makers for the flood of weapons across the border from the United States. The lawsuit alleges the companies designed, marketed and distributed military-style assault weapons in ways they knew would arm drug cartels, fueling murders and kidnappings.

The companies have argued they cannot be held liable for crimes in Mexico stemming from legal sales of their products in the United States.

The judge overseeing the case in Boston has questioned whether allowing the case to proceed could undermine PLCAA. 

RECENT LEGISLATIVE ACTION

In July, New York's governor signed into law a measure that allows firearm sellers, manufacturers and distributors to be sued by the state, cities or individuals for creating a public nuisance.

A US judge on Wednesday ruled against the firearms industry which sued to block the law and argued it was barred by PLCAA. 

On Tuesday, California senators approved a bill hours after the Texas shooting that would allow private citizens to sue anyone who manufactures, distributes, transports, imports, or sells assault weapons and untraceable ghost guns.

The bill, which is supported by Governor Gavin Newsom, is styled on a Texas anti-abortion "vigilante" law that is meant to skirt conflicting federal law. It will now be considered by the state's assembly.

LAWSUITS CHALLENGING GUN RESTRICTIONS

Guns rights advocates have also used the courts to challenge firearms restrictions and the US Supreme Court is poised to rule on a case over New York's limits on carrying concealed handguns in public.

The conservative court appeared at arguments in November ready to strike down the law. 

Other lawsuits against restrictions include cases against bans on assault-style weapons in California and Maryland, which challengers say violate the constitutional right to bear arms.

World+Biz

US mass shooting / Mass Shooting US / Texas shooting / Gun control / USA Gun Control / Gun control law

Comments

While most comments will be posted if they are on-topic and not abusive, moderation decisions are subjective. Published comments are readers’ own views and The Business Standard does not endorse any of the readers’ comments.

Top Stories

  • Dr CR Abrar. Illustration: TBS
    No intention to resign: Education Adviser CR Abrar in face of students’ demand
  • Representational image. File Photo: Rajib Dhar/TBS
    Postponed HSC exams of 22 and 24 July to be held same day, date yet to be announced
  • Volunteers collect and gather parts of the wrecked plane from the Milestone School and College grounds on Tuesday, a day after the devastating aircraft crash. Photo: Mehedi Hasan/TBS
    Milestone jet crash: Health directorate revises down death toll to 29

MOST VIEWED

  • Screengrab/Video collected from Facebook
    CCTV footage shows how Air Force jet nosedived after technical malfunction
  • Photo: Collected
    Bangladeshi man jailed for life in UK for murdering wife in front of their baby
  • Why Bangladesh's capital market is poised for a bull run
    Why Bangladesh's capital market is poised for a bull run
  • ISPR clarifies crashed plane was battle aircraft, not training jet
    ISPR clarifies crashed plane was battle aircraft, not training jet
  • Photo: Syed Zakir Hossain/TBS
    Secretariat protest: 75 injured in police-protester clash over edu adviser's resignation for delaying HSC rescheduling
  • Exim Bank's former chairman Nazrul Islam Majumder being taken to court on 22 July 2025. Photo: Collected
    Will repay all money if granted bail, won’t run away, ex-Exim Bank chair Nazrul tells court

Related News

  • Maine shooting suspect found dead in cargo trailer, motive still a mystery
  • US Supreme Court won't revive law targeting federal gun curbs
  • Kamala Harris tasked with new role fighting US gun violence
  • Shots fired into a crowd of hundreds after a holiday festival in Texas leave 3 dead, 8 injured
  • Texas man accused of killing five neighbours last week, arrested

Features

Photo: Mehedi Hasan/TBS

Aggrieved nation left with questions as citizens rally to help at burn institute

23h | Panorama
Photo: TBS

Mourning turns into outrage as Milestone students seek truth and justice

17h | Panorama
Illustration: TBS

Uttara, Jatrabari, Savar and more: The killing fields that ran red with July martyrs’ blood

1d | Panorama
Despite all the adversities, girls from the hill districts are consistently pushing the boundaries to earn repute and make the nation proud. Photos: TBS

Ghagra: Where dreams rise from dust for Bangladesh women's football

2d | Panorama

More Videos from TBS

Education Ministry dispute leads to delay in postponing exams

Education Ministry dispute leads to delay in postponing exams

50m | TBS Today
Trump announces massive trade deal with Japan

Trump announces massive trade deal with Japan

2h | TBS World
Six unidentified bodies are yet to be identified

Six unidentified bodies are yet to be identified

3h | TBS Today
32 killed in warplane crash in Milestone, live from Burn Institute

32 killed in warplane crash in Milestone, live from Burn Institute

5h | TBS Today
EMAIL US
contact@tbsnews.net
FOLLOW US
WHATSAPP
+880 1847416158
The Business Standard
  • About Us
  • Contact us
  • Sitemap
  • Advertisement
  • Privacy Policy
  • Comment Policy
Copyright © 2025
The Business Standard All rights reserved
Technical Partner: RSI Lab

Contact Us

The Business Standard

Main Office -4/A, Eskaton Garden, Dhaka- 1000

Phone: +8801847 416158 - 59

Send Opinion articles to - oped.tbs@gmail.com

For advertisement- sales@tbsnews.net