Gun Laws

State and federal firearms laws regulate the rules for gun owners, manufacturers, and distributors. Although the U.S. Constitution gives Americans the Second Amendment right to bear arms, these laws cover firearms licenses, concealed carry, and gun control laws such as assault weapon bans and criminal background check systems.

Here, we'll explain state and federal government rules regarding gun manufacturing, ownership, and liability for gun injuries.

When Are Firearms Manufacturers at Fault?

Guns may be the most dangerous consumer products on the market. Even when used properly, like for self-defense, there is a high likelihood someone will suffer harm from gun violence. Usually, when a company markets a dangerous product, it's strictly liable for injuries.

In the United States of America, a federal law, the Protection of Lawful Commerce in Arms Act (PLCAA), governs gun sales by those in the firearms industry. Congress passed this law to provide civil exemptions to the following:

• Gun manufacturers,

• Gun distributors,

• Gun importers

• Gun retailers, and

• Gun dealers.

Defective Products

According to the PLCAA, gunmakers and dealers are not liable for injuries victims suffer during the commission of a crime, including mass shootings. But this law does not protect American gun makers from:

• Manufacturing defects

• Design defects

• Other product liability claims

For example, if a gun manufacturer sells a defective product, they can be liable for injuries resulting from the defect. Gun manufacturers can also be liable for the following:

• Breach of contract

• Breach of warranty

• Faulty disclaimers

• Other consumer-related claims

They can also be responsible for injuries resulting from other foreseeable risks.

Pursuing Claims Against Gun Manufacturers

The legal issues surrounding gun injuries are complex. You must prove the manufacturer's liability if you or a loved one suffers an injury. Alternatively, you can pursue a claim against the gun dealers who sold the gun.

Improper and Illegal Gun Sales

Federal gun laws regulate gun ownership and gun purchases to some degree, including restricting the ownership of certain firearms. For instance, the National Firearms Act (NFA) restricts the selling or possessing of short-barreled shotguns, machine guns, and silencers.

Purchasing Restricted Firearms

To purchase one of these "NFA firearms or devices," owners must do the following:

• Submit to an extensive background check

• Purchase a tax stamp for the manufacture of the firearm or device

• Register the weapon with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) NFA registry

Some states, including New York and California, prohibit ownership of these firearms and devices.

Other rules restrict the purchase of certain guns. Under the Brady Handgun Violence Prevention Act, you can't have a firearm for personal or business use if you:

• Were convicted of a crime punishable by prison for more than one year

• Are a fugitive from justice

• Are addicted to, or illegally use, any controlled substance

• Have severe mental health issues or reside in a mental institution

• Are an illegal alien living in the United States unlawfully

• Received a dishonorable discharge from the U.S. Armed Forces

• Renounced your U.S. citizenship

• Are subject to a court restraining order that involves your "intimate partner," your partner's child, or children

• Were convicted of a misdemeanor for domestic violence in any court

Illegal Drug Sales

Federal and state gun laws do not completely address unlawful gun purchases. While many people purchase guns from gun shows or directly from firearm stores, many criminals buy guns on the street. Often, these guns come with obliterated serial numbers designed to slow down law enforcement in the event of a crime.

Negligent Entrustment of a Firearm

If you suffer a gun injury, your product liability attorney may file a claim for negligent entrustment of a firearm. If a gun dealer sells a gun to someone knowing that they plan to use it for criminal purposes, they may be liable for injuries that ensue.

If someone buys a firearm from a gun store but the dealer has no knowledge that they plan to use it for a crime, the store owner won't be liable. But if they should've known the buyer had plans to use the gun for nefarious purposes, you can sue for damages.

The strong protection from civil liability makes it challenging to file product liability lawsuits against members of the gun industry.

State Gun Laws

Although the House and Senate have passed laws regulating gun sales and gun ownership, many individual states have passed their own laws. For example, according to the Giffords Law Center, the State of Connecticut bans the sale of ammunition magazines to anyone who doesn’t meet specific criteria. These criteria include having a license to carry firearms or having an ammunition certificate.

Maryland similarly restricts the purchase of ammunition by persons who cannot possess a firearm under Maryland’s Public Safety Laws.

When gun distributors and retailers sell guns to consumers under these state laws, those entities must ensure the buyer meets these requirements. If someone in the gun industry sells a firearm without abiding by these laws, you can sue them for damages.

Get Legal Help

If you or someone you love has sustained a gun injury caused by a defect, you should speak to a product liability attorney. They are experts in product liability law and can provide you with sound legal advice. Speak to an experienced products liability attorney near you today.