The new lawsuit by the prominent Connecticut personal-injury firm of Koskoff, Koskoff, and Bieder [news coverage: WSJ Law Blog, CNN] seeks to get around the 2005 Protection of Lawful Commerce in Arms Act by latching on to the law’s narrow exception for “negligent entrustment.” That’s not a reasonable reading of the law, and I argue in a new post at Cato at Liberty that courts should toss attempts like these to revive gun control through litigation, all the more so because legislative attempts to overturn PLCAA (as I discussed last year) are rightfully going nowhere.
Some out there seem to think it’s okay to use litigation as a way of lashing out against opponents, whether by way of a winning case or not:
Newtown families sue gunmaker for massacre http://t.co/ZmbbAqd0lL good for them even tho may be dismd at least they take a swing at them
— Danny Wash (@danwash) December 15, 2014
More: “The Sandy Hook Families’ Lawsuit Against Bushmaster Will Fail. Here’s Why.” [Bob Adams, Bearing Arms] And Eugene Volokh’s analysis breaks down the provisions of PLCAA and its interaction with the specifics of Connecticut law, concluding that “unless there is some evidence that the defendant manufacturers and gun sellers in this case violated some specific gun regulations (judgments actually made by legislatures), plaintiffs’ claim will go nowhere — and rightly so, I think.” Yet more: Steve Chapman.