In response to the recent mass murder in Maine, there have been renewed calls from some who want to penalize gun manufacturers for the actions of those who use them illegally, for their advertising, and other various reasons. Indeed, one of the goals of the new White House Office of Gun Violence Prevention is to increase accountability.
Currently, gun manufacturers are shielded from lawsuits by the Protection of Lawful Commerce in Arms Act (PLCAA) of 2005, which prevents lawsuits from being brought against firearm manufacturers for damages incurred due to the illegal use of their product.
This entry takes a closer look at the subject of gun manufacturer liability, advertising, and related considerations. I'll begin with a look at how new guns are brought to market.
I regularly hear how some gun manufacturers make it too easy for those with ill intent to procure their products. As someone who's purchased more than their fair share of firearms, I'm baffled how anyone can credibly make this statement, because there are a number of steps in the supply chain between a gun manufacturer and the ultimate consumer, but they all lead to an FFL.
When collecting their new gun from the FFL, the purchaser is required to complete the aforementioned ATF Form 4473, which collects information about the buyer, the gun, and asks the purchaser to affirm they're not a criminal, etc. From there, the dealer will call in for authorization, per their respective state's law. Most states are now on the NICS system, which ties to the FBI's database. Note the gun manufacturer has long since exited the transaction, at this point. There are many states that still allow private sales between parties without a background check, but those are exclusively used guns. In short, any claim of manufacturers being careless and allowing their products to get into the wrong hands is utter nonsense spewed by the ignorant.
Because I've been seeing more articles relating to "US gun manufacturers fueling gun violence by the cartels and in Eastern Europe", I'll quickly address those claims. How are these foreign entities procuring these evil weapons? None of the US gun makers is air dropping their product into other countries to be grabbed by whomever happens upon them, so it must be something else. With the cartels, it should be obvious the guns are being purchased in the US (because it's close, duh) and being smuggled into Mexico, where the border is comically porous and guards can be bought.
Eastern Europe is a completely different situation in that the guns are almost certainly being imported legally. If US guns are being discovered more frequently in the region, they aren't additive. More accurately, they're taking market share from incumbents. Both Turkey and the Czech Republic have thriving firearm industries, particularly the former, where the government invested a significant amount of money in expanding capacity, so the Turkish military wouldn't have to buy their weapons from manufacturers outside the country. This has led to a boom in the number of guns their manufacturers (Tisas and Girsan in particular) are exporting even into the US. Their 1911's are better than what you'd get from Colt, at a third of the price.
As I noted in the first paragraph, gun manufacturers are currently shielded from liability stemming from criminal acts committed with their product. I agree with this, because as I outlined above, gun manufacturers have zero input into who ultimately buys their product. After the murderer in Waukesha plowed through a throng of parade goers, no one was screaming that Ford should be held liable.
There are those that claim guns are inherently defective, because they're designed to kill. This is utter nonsense. Guns are designed to reliably and safely fire a round of ammunition manufactured to SAAMI specifications. Nothing more or less. Some guns are specifically built for use in competition; are their manufacturers producing a defective product if they're used against a human? For those guns that were meant for personal defense, there's no way to prevent them for being used to take a life versus saving one. To be clear, the only way a firearm is defective if it doesn't reliably and safely fire the ammunition it was designed to accommodate. I'm looking at you, Taurus. Finally, the type of ammunition used plays a significant role in a gun's lethality. You could be hit by half a dozen round nose bullets and survive quite easily, whereas the same number of hollow points would end your life.
Finally, let's talk about advertising, where there have been claims made about ads promoting violence and turning the viewers into mass murderers. Again, I consider this to be nonsense. First, where are people seeing these ads? I haven't seen a gun ad in a decade. Am I to believe mass murderers subscribe to Guns and Ammo? That's a big stretch, kids. And the kid thing? Do people really think kids are running out and buying AR-15's? Maybe a complete idiot would consider this realistic...
The most recent example of an evil advertisement causing a mass murder comes from the Uvalde massacre, where the manufacturer of the AR-15 that was used, Daniel Defense, published an advertisement (where??) someone didn't like because it promoted teaching your kids how to shoot and the dumb people call that grooming (stay tuned for an entry on that subject). A fuck ton of us grew up, learning to shoot when we were in single digits and no one became a mass shooter. Anyway, does anyone think this kid saw the ad in the first place? What almost certainly happened is he Googled "Best AR-15". The link below is the first hit you get in that search.
https://www.pewpewtactical.com/best-ar-15/
If you click the link, here's what you'll find:
This entry is part of my "Gun Series" that focuses on providing insight into the gun debate and gun violence. You can find the other entries in the series HERE.
About the author: Sean R is a recovering conservative who owns a consulting firm specializing in strategic marketing. He's been a competitive shooter since the early 90's and holds a High Master classification in PPC and a Master classification in USPSA. Additionally, he's served as an instructor for gun safety and competition courses. He lives in Raleigh, North Carolina with his overly vocal white dog, Sadie.
.jpg)




