A Preliminary Consideration of Issues Raised in Legislation Designed to Immunize Product Manufacturers

Abstract

Following the immunization of the airlines by Congress, in regard to events surrounding September 11, 2001, gun manufacturers were successful in petitioning the House of Representatives to immunize them from suits involving firearms. This legislation, if adopted by the Senate, will provide additional precedent for other product manufacturers to seek similar protection. The goal of this paper is to manifest that the appropriateness of such legislation will depend upon the character of the specific product and judicial precedent dealing with the product. In deciding whether to grant immunity to other products, such as alcohol, tobacco, asbestos, food, and lead paint, legislatures will be asked to consider a broad spectrum of issues. With a goal to provide a partial framework for analyzing immunity legislation in regard to other products, issues raised in the firearms sellers immunity bill will be considered. This bill was selected for study because it is cutting-edge, on-going and likely to be precedential. Part One will examine the collapse of gun suits in the state courts. Part Two evaluates gun violence in the United States. Part Three considers critical gun control policies, and Part Four weighs the judicial construction of the Second Amendment.