logo
Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.
Brief Publisher Logo
FACT BRIEF

Are gun manufacturers uniquely exempted from lawsuits?

By Robyn Sundlee
Copy link
email
Copy featured image
email
NO

Gun manufacturers are not exempted from all lawsuits, but federal law does offer some protections. The 2005 Protection of Lawful Commerce in Arms Act grants gunmakers immunity from being sued if their products are used in a criminal act.

While PLCAA may be the broadest immunity given to an industry, others exist. The Public Readiness and Emergency Preparedness Act protects drugmakers from lawsuits during public health emergencies. Even in the absence of explicit legislative exemptions, "your company can’t be held liable unless there’s a defect in your product or service," according to Harvard Business Review.

Individuals can file lawsuits against gun manufacturers for other reasons, including product defects responsible for physical harm or property damage, improper record-keeping, and "negligent entrustment" — when a gun is sold to someone with a discernible risk of using it to harm themselves or others.

This fact brief is responsive to conversations such as this one.
Sources
US Congress S.397 - Protection of Lawful Commerce in Arms Act
Harvard Business Review Product Liability: You’re More Exposed Than You Think
Public Health Emergency (Department of Health and Human Services) PREP Act Immunity from Liability for COVID-19 Vaccinators
ABOUT THE CONTRIBUTOR
Gigafact
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
FACT BRIEF BY
Brief Publisher Logo
Latest fact briefs
facebook
twitter
email
email
About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.