By Hillel Y. Levin & Timothy D. Lytton

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), granting the firearms industry sweeping immunity from civil lawsuits. However, PLCAA immunity is not absolute. This Article demonstrates that both state and federal courts have fundamentally misread PLCAA when adjudicating cases involving the scope of gun industry immunity. Properly understood, PLCAA permits lawsuits against the gun industry so long as they are based on statutory causes of action rather than common law. While broadly preempting state common law claims, PLCAA affords state legislatures autonomy in deciding how to regulate the gun industry within their borders.

Additionally, this Article addresses unresolved questions concerning constitutional limits on gun industry regulation. PLCAA explicitly strikes a balance between three constitutional principles. It safeguards the individual right to keep and bear arms by protecting the gun industry from civil litigation that would unduly curtail civilian access to firearms. It insists that the separation of powers requires that gun industry regulation should derive from legislation not common law adjudication. It affords state governments autonomy in deciding how to regulate the gun industry, recognizing that there are regional differences in attitudes about how to best reduce firearms-related violence. We counsel against interpretations of the Second Amendment’s application to gun industry regulation that would expand the right to keep and bear arms at the expense of other important constitutional principles such as the separation of powers and federalism

75 Florida Law Review 833 (2023),

By Brady United Against Gun Violence

Understanding the source of America’s gun violence epidemic is essential to building effective solutions to prevent it. For decades, laws passed at the behest of the gun industry have shielded important information from public view, making it nearly impossible to understand how, and from where, guns are funneled into the criminal market. Brady has used Freedom of Information Act (FOIA) requests to uncover information in an attempt to better understand how guns make their way from the legal marketplace to ultimately being used in crime. This report examines federal records that identify gun dealers subject to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Demand Letter 2 program — a program created to identify firearms dealers that sell the most crime guns and to aid law enforcement investigations. Only 2% of gun dealers nationwide are subject to this program, which includes dealers who have sold at least 25 guns that were recovered in crime during the past year that were found to have taken less than three years to make it from point of sale to being recovered in that crime. The ATF had identified that this low “time-to-crime” is a strong indicator of gun trafficking. This report, and its underlying national data, are the clearest look we’ve had in two decades as to which gun dealers sell the most crime guns. Absent complete transparency into the gun industry’s role in supplying firearms that fuel our nation’s gun violence epidemic, this data is the best indicator we have as to which gun dealers are fueling crime.

Washington, DC: Brady Campaign, 2024. 20p

By James D. Wright, Peter H. Rossi, Kathleen Daly with the assistance of Eleanor Weber-Burdin

FRON THE JACKET: “The United States is one of the most heavily armed private populations in world history; one-half the households in the country possess at least one firearm, and the total number of firearms in private hands is well over 100 million. The rates of criminal violence in the United States are among the highest in the world. What, if anything, is the relationship between these facts? UNDER THE GUN provides -for the first time a comprehensive review and analysis of both the published and the unpublished literature on weapons, crime, and violence in the U.S.

Each chapter explores the issues and trends which have been widely debated over the years. Some of the topics covered include: the number of guns in private hands, recent upward trends in firearms sales, demographic characteristics of gun owners, uses of guns in self-defense, patterns of violent crimes committed in the U.S., characteristics of weapons used in crimes, public opinion on gun control issues, and the effectiveness of gun control laws.”

"Wright/Rossi/Daly bring balanced judgment, the best data available, and careful analysis to each issue. They outline an agenda for research which is sensi ble and critical to the matters at hand. The book is more than 'state of the art.' It separates data from inference, logic from value-based argument, and identifies the sorts of issues which cannot be settled by empirical inquiry..” — James Short.

NY. Aldine Publishing Company. 1983. 350p.

By Julia P. Schleimer, Christopher D. McCort, Aaron B. Shev, Veronica A. Pear, Elizabeth Tomsich, Alaina De Biasi, Shani Buggs, Hannah S. Laqueur & Garen J. Wintemute

Background: Firearm violence is a significant public health problem in the United States. A surge in firearm purchasing following the onset of the coronavirus pandemic may have contributed to an increase in firearm violence. We sought to estimate the state-level association between firearm purchasing and interpersonal firearm violence during the pandemic. Methods: Cross-sectional study of the 48 contiguous states and the District of Columbia from January 2018 through July 2020. Data were obtained from the National Instant Criminal Background Check System (a proxy for firearm purchasing) and the Gun Violence Archive. Using negative binomial regression models, we estimated the association between cumulative excess firearm purchases in March through July 2020 (measured as the difference between observed rates and those expected from autoregressive integrated moving average models) and injuries (including nonfatal and fatal) from intentional, interpersonal firearm violence (non-domestic and domestic violence). Results: We estimated that there were 4.3 million excess firearm purchases nationally from March through July 2020 and a total of 4075 more firearm injuries than expected from April through July. We found no relationship between state-level excess purchasing and non-domestic firearm violence, e.g., each excess purchase per 100 population was associated with a rate ratio (RR) of firearm injury from non-domestic violence of 0.76 (95% CI: 0.50– 1.02) in April; 0.99 (95% CI: 0.72–1.25) in May; 1.10 (95% CI: 0.93–1.32) in June; and 0.98 (95% CI: 0.85–1.12) in July. Excess firearm purchasing within states was associated with an increase in firearm injuries from domestic violence in April (RR: 2.60; 95% CI: 1.32–5.93) and May (RR: 1.79; 95% CI: 1.19–2.91), though estimates were sensitive to model specification. Conclusions: Nationwide, firearm purchasing and firearm violence increased substantially during the first months of the coronavirus pandemic. At the state level, the magnitude of the increase in purchasing was not associated with the magnitude of the increase in firearm violence. Increases in purchasing may have contributed to additional firearm injuries from domestic violence in April and May. Results suggest much of the rise in firearm violence during our study period was attributable to other factors, indicating a need for additional research.

Injury Epidemiology (2021) 8:43

Suzanna Fay

Gun reform after a major mass shooting in Australia has largely been heralded as a success. However, understanding how compliance is encouraged among the gun owning community with a history of opposing regulation is currently limited in systematic sociological research. Gun dealers in particular appear to be important for understanding levels of compliance and possibilities for promoting compliance, as they are simultaneously involved in the compliance process and subject to its enforcement as members of the gun owning community. This paper positions gun dealers as street-level bureaucrats responsible for implementing gun regulations and uses a Compliance Motivation framework to explore the possible motivations for compliance and their role in promoting compliance within the gun owning community. Findings are based on 28 in-depth interviews with gun dealers across Australia and demonstrate the challenging but important role that gun dealer’s play in enacting gun control policy

Sociological Perspectives. Volume 65, Issue 1: Special Issue: Sociological Perspectives on Guns in AmericaFeb 2022. Pages5-235

By Christopher S. Koper

Controlling gun crime continues to be a difficult challenge for policymakers and practitioners in the United States. With an estimated 258 million guns in private hands and millions more produced each year, there are many sources and means through which offenders can obtain firearms despite legal restrictions on gun purchasing and ownership by convicted felons, juveniles, and other high-risk groups. In order to better understand the workings of illicit gun markets—and particularly the rapid diversion of guns from the retail market into criminal channels—this study utilizes a decade’s worth of data on handgun sales in the state of Maryland and subsequent recoveries of those guns by police in order to identify the characteristics of firearms, sellers, buyers, and sales transactions that predict whether a gun is used in crime subsequent to purchase. The study provides some of the most sophisticated evidence to date on crime use risks associated with high-risk buyers, problem gun dealers, preferred crime guns, purchases involving multiple guns, and other suspected trafficking indicators. The study is based on three sets of analyses: 1) analysis of 235,011 handgun sales in Maryland from 1990 through October 1999 and 7,575 recoveries of those guns reported by police throughout the nation to the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) from 1990 through March 2000; 2) analysis of 71,956 handgun sales in the Baltimore metropolitan area from 1994 through October 1999 and 1,850 recoveries of those guns reported by Baltimore police to ATF from 1994 through March 2000; and 3) analysis of 48,039 handgun sales in the Maryland counties of the Washington, D.C. metropolitan area from 1994 through October 1999 and 529 recoveries of those guns reported by D.C. police to ATF from 1994 through March 2000.

Philadelphia: Jerry Lee Center of Criminology University of Pennsylvania, 2007. 96p.

By Topher L. McDougal, Daniel Montolio and Jurgen Brauer

This study represents an attempt to understand the U.S. firearms market – the largest in the world – in economic terms. A model of the underlying interplay of legal firearms supply and demand is a prerequisite for reliably evaluating the effectiveness of pertinent existing state and federal firearms policies, and to amend them as necessary. The stakes are high: compared to other nation-states, per capita firearms-related harm in the United States (including suicides and homicides) is exceptionally high and, within constitutional strictures, state and federal firearms policymakers increasingly view it as a major and pressing society-wide problem. Virtually all firearms in the U.S. are initially manufactured and sold legally. Solving a simultaneous equation model using the instrumental variable of natural disasters and employing a unique dataset of U.S. firearms prices and quantities, this paper models – we believe for the first time in the literature – the U.S. market supply of, and demand for, firearms. Encouragingly, we find that this market operates as any other would be expected to, with the notable exception that lagged nonmilitary firearms stocks generate new market demand in a positive feedback loop. We test as predictors of market performance federal firearms legislation as instances of policy, as well as of extraterritorial armed conflict, firearms industry concentration, crime, and technology gaps between U.S. and imported firearms. Except for the time-limited Federal Assault Weapons Ban (1994-2004), we find (restrictive) firearms legislation not to influence sales. We also find that acute external violent conflict and certain levels of violent crime, including homicides and mass shootings, drive up unit sales, and that higher industry concentrations in certain submarkets boost quantity supplied, suggesting economies of scale. Taken together, this study’s findings may provide some empirical support for firearms stock reduction programs to reduce the total volumes of civilian arms.

San Diego: Small Arms Data Observatory, 2020. 35p

By Brian J. Siebel and Elizabeth S. Haile

… virtually every gun used in crime started out in the legal market, sold by a gun dealer licensed by the Federal government. The underground market for guns is largely a product of the diversion of massive numbers of guns from licensed gun shops into the hands of criminals. Studies of this diversion show, for example, that almost 60 percent of the guns traced to crime by ATF originated with only about one percent of the nation’s gun dealers. ATF has concluded that corrupt gun dealers are the source of the largest number of firearms diverted to the illegal market. Moreover, random inspections by ATF of licensed gun dealers nationwide have found that a large percentage have violated Federal firearms laws, and the problem appears to be getting worse.

Washington, DC: The Brady Center to Prevent Gun Violence, 2006. 38p.

By The Brady Campaign and Brady Center To Prevent Gun Violence

This report explains what “bad apple” gun dealers are, how they contribute to gun violence in America, and how they can be stopped. It provides information about the extent of the problem, including that there are roughly 3,000 “bad apple” gun dealers in the country (Section II). It makes clear that factors like sales volume and bad luck are not accurate or sufficient explanations for why such a small percentage of gun dealers supply so many of the guns used in crime. Using examples, the report identifies three major pathways of guns from “bad apple” gun dealers to dangerous and high risk people…The report provides accounts of some of the top crime gun sellers in the country, who have collectively supplied thousands of guns used in crime over the years. In particular, it highlights three dealers and their disproportionate contribution to crime in three cities: Chuck’s Gun Shop and Pistol Range and Chicago; Don’s Guns and Galleries and Indianapolis; and Arrowhead Pawnshop and New York (Section IV).

Washington, DC: The Brady Center to Prevent Gun Violence, 2015. 44p.

By Jess T. Ford

In recent years, violence along the U.S.-Mexico border has escalated dramatically, due largely to the Mexican government's efforts to disrupt Mexican drug trafficking organizations (DTO). U.S. officials note the violence associated with Mexican DTOs poses a serious challenge for U.S. law enforcement, threatening citizens on both sides of the border, and U.S. and Mexican law enforcement officials generally agree many of the firearms used to perpetrate crimes in Mexico are illicitly trafficked from the United States across the Southwest border. GAO was asked to examine (1) data on the types, sources, and users of these firearms; (2) key challenges confronting U.S. government efforts to combat illicit sales of firearms in the United States and stem the flow of them into Mexico; (3) challenges faced by U.S. agencies collaborating with Mexican authorities to combat the problem of illicit arms; and (4) the U.S. government's strategy for addressing the issue. GAO analyzed program information and firearms data and met with U.S. and Mexican officials on both sides of the border.

Washington, DC: U.S. Government Accountability Office, 2009. 83p.