Why Suing Gunmakers Remains Difficult, Despite the Sandy Hook Settlement
In 2005, the Republican-controlled Congress granted gun manufacturers immunity from lawsuits for crimes committed with their products under a federal law known as the Protection of Lawful Commerce in Arms Act. The PLCAA, signed by then-President George W. Bush, was hailed by gun rights groups, including the National Rifle Association.
The move sparked a years-long legal battle questioning the validity of the lawsuit and the case ping-ponged between state and federal courts with differing views on the exception as Remington sought to quash it. After Connecticut's high court ruled in the families' favor in April 2019, Remington appealed to the U.S.
Remington had argued there was no evidence to establish that its marketing had anything to do with the shooting. As part of the settlement, Remington agreed to allow the release of internal documents shedding light on its marketing strategy for the weapon, something Dunlap said could be the most important part of the deal.
The last major settlement with a firearms manufacturer for a gun violence case was in 2004 — a year before Congress passed PLCAA — whenSchultz raised concerns that the settlement could incentivize gun-rights advocates to lobby conservative lawmakers in Congress for more protections under the federal immunity law.
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