VERIFY: Here’s why gun-manufacturers usually can’t be sued
SOURCES:
The White House Office of the Press Secretary, Protection of Lawful Commerce in Arms Act
PROCESS:
From the Parkland school shooting to the most recent one at Great Mills High, the gun control debate continues to heat up online and just about everyone is getting their share of the blame.
That has some people on social media asking, why aren't the gun manufacturers legally responsible for these shootings?
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WUSA9 researchers went back to 2000 for this one which is when the Clinton White house made a deal with Smith and Wesson. The Department of Housing and Urban Development dropped the gun manufacturer from a list of lawsuits against the gun industry. In return, Smith and Wesson agreed to multiple design and safety changes.
Fast forward to 2005 and the Bush Administration. Verify researchers tracked down this law called the Protection of Lawful Commerce in Arms Act. The bill legally protects gun manufacturers, dealers, and sellers from any civil action "resulting from the criminal or unlawful misuse" of a firearm or ammunition. This is the law in effect today that keeps gun makers from getting sued.
So yes, in nearly all cases – gun manufacturers can't be sued if someone uses their gun in a deadly shooting.
However, there are exceptions which will let a gun manufacturer be sued, but they're usually very hard to prove. One example, the gun manufacturer would have to know the person plans to use the gun in a crime.
To learn more about the six exceptions under the law, click here.
