October 20, 2005

The House today passed the Protection of Lawful Commerce in Arms Act, shielding gun manufacturers from liability. The legislation follows nearly a decade of litigation in which individuals, and with increasing frequency, municipalities, have tried to twist the tort law to impose liability on manufacturers for persons injured in gun violence.

David Kopel at Volokh has extensive coverage. Background on Overlawyered.

While the tactic of industry-specific tort reform is less politically effective, in my view, than reforms that modify the rules of litigation generally, the arms manufacturing industry is one that has been under assault by special interest groups. That assault, in some quarters, has been aided by compliant judges willing to make new law in the interests of social policy.