TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Monday, July 12, 2021

Lytton on Illegal Firearms as Public Nuisance

Tim Lytton has an article at The Conversation regarding New York's new law defining illegal firearms as a public nuisance.  He anticipates a Second Amendment challenge to the law, but even if it survives:

The main impact of these lawsuits is to put pressure on gun manufactures to do more to prevent inventory theft and illegal sales by retailers. Since 2000, the gun industry has operated a program to prevent illegal straw purchases, suggesting manufactures think they may be able to affect how retailers operate. Even still, little is known about whether this program has had any impact on gun violence rates. That’s why no one really knows if forcing gun manufacturers to more closely supervise retailers will work.

Part of the problem is a lack of government funding since the mid-1990s for public health research on alleged links between industry sales practices and gun crimes. Recent funding for this kind of research may clarify the value of regulating illegal gun sales as a public nuisance.

Until then, passing laws to prompt litigation against the gun industry is just a shot in the dark.

https://lawprofessors.typepad.com/tortsprof/2021/07/lytton-on-illegal-firearms-as-public-nuisance.html

Current Affairs, Legislation, Reforms, & Political News | Permalink

Comments

Post a comment