"Gun crime victims are holding the firearms industry accountable – by taking them to court", 7 Jun 2022

With each slaughter of innocents, the gun industry offers its sympathy, argues that even more weapons will make America safer, and gives thanks for a two-decade-old law shielding the firearms makers from legal action by the victims.

Mike Fifer, the chief executive of one of the US’s leading handgun manufacturers, Sturm Ruger, once described the 2005 Protection of Lawful Commerce in Arms Act (PLCAA) as having saved the firearms industry because it stopped in its tracks a wave of lawsuits over the reckless marketing and sale of guns.

But now victims of gun crime are following an alternative path forged by legal actions against cigarette makers, prescription opioid manufacturers and big oil in an attempt to work around PLCAA – and the lack of political will to act on gun control – to hold the firearms industry accountable for the bloody toll of its products.

On Tuesday, Ilene Steur, who was badly injured when a man fired 33 shots on the New York subway in April wounding 10 people, filed a lawsuit accusing the manufacturer of the semi-automatic pistol used in the attack, Glock, of breaching “public nuisance” laws.

Steur’s lawsuit contends that Glock endangered public health and safety in breach of New York state law with an irresponsible marketing campaign to push its gun’s “high capacity and ease of concealment” in an “appeal to prospective purchasers with criminal intent”...

The public nuisance strategy has been used against the tobacco industry for lying about the link between cigarettes and lung cancer, and with mixed success against pharmaceutical companies for creating the US opioid epidemic by recklessly pushing prescription opioids.

Public nuisance claims are also at the heart of a series of lawsuits by states and municipalities accusing oil firms of covering up and lying about the part fossil fuels play in driving the climate crisis...