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 Avneet Bhullar, Jonathan Shipley, […], and Jeffry Nahmias, , et al,

Background

In January of 2019, Washington State (WA) passed Initiative 1639 making it illegal for persons <21 years-old to buy assault weapons (AWs). This study aimed to evaluate the effects of WA-1639 on firearm-related incidents involving AWs by those <21 years-old in WA, hypothesizing a decrease in incidents after WA-1639.

Methods

Retrospective (2016-2021) data on firearm violence (FV) events were gathered from the Gun Violence Archive. The rate of FV was weighted per 100,000 people. Total monthly incidents, injuries, and deaths were compared pre-law (January 2016-December 2018) vs post-law (January 2019-December 2021) implementation. Mann-Whitney U tests and Poisson’s regression were used for analysis.

Results

From 4091 FV incidents (2210 (54.02%) pre-law vs 1881 (45.98%) post-law), 50 involved AWs pre- (2.3%) and 15 (.8%) post-law. Of these, 11 were committed by subjects <21 years-old pre-law and only one occurred post-law. Total incidents of FV (z = −3.80, P < .001), AW incidents (z = −4.28, P < .001), and AW incidents involving someone <21 years-old (z = −3.01, P < .01) decreased post-law. Additionally, regression analysis demonstrated the incident rate ratio (IRR) of all FV (1.23, 95% CI [1.10-1.38], P < .001), all AW FV incidents (3.42, 95% CI [1.70-6.89], P = .001), and AW incidents by subjects <21 years-old (11.53, 95% CI [1.52-87.26], P = .02) were greater pre-law vs post-law.

Discussion

Following implementation of WA-1639, there was a significant decrease in FV incidents and those involving AWs by individuals <21 years-old. This suggests targeted firearm legislation may help curtail FV. Further studies evaluating FV after legislation implementation in other states is needed to confirm these findings.

The American SurgeonTM. 2024;0(0). doi:10.1177/00031348241244644 (Online First)

By David Lochhead, Tidiani Diakité, Roberto Sollazzo, Saikou Sow, Raoul Sumo Tayo, Leonard Tettey

The use of improvised explosive devices (IEDs) in West Africa expanded dramatically between 2014 and 2022. As of 2022, Burkina Faso, Cameroon, Mali, Niger, and Nigeria were heavily affected by these weapons, while Benin, Côte d’Ivoire, and Togo suffered from their use as an emerging threat. IED-building networks have established material and training links across conflict theatres in West and Central Africa, including the Lake Chad Basin, where armed groups have used IEDs extensively. IED designs have remained constant and inexpensive throughout the West Africa region, making them attractive for use in attacks against domestic and international security forces, UN peacekeepers, and civilians. The Small Arms Survey collected data on more than 2,200 IED-related incidents between March 2013 and September 2022, including the type, date, and location of these events. Information on perpetrators, their targets, and more than 6,600 casualties from deaths and injuries was also collected (Small Arms Survey, 2022). The data was collected through research undertaken in Burkina Faso, Cameroon, Côte d’Ivoire, Ghana, Guinea, Mali, and Niger, as well as desk research and remote interviews concerning Benin, Chad, and Nigeria. Where relevant from a comparative perspective, discussion of other regions that have countries with IED incidents or components occurs throughout the Report, such as those in North Africa, Central Africa, East Africa, and the Middle East. Most IED incidents analysed during this study involved IEDs containing explosive components or precursors specifically manufactured for the commercial extractive and construction sectors. Chemical products such as ammonium nitrate (AN), manufactured and supplied for bulk mining explosive emulsions, have entered IED-building networks, and are sourced principally from Ghana and Nigeria. Commercial explosives in bulk, including their precursors and accessories such as electric initiators and detonating cords, are diverted from the legal to illicit markets. This diversion primarily fulfils demand from the largely unregulated artisanal gold mining sector across West and Central Africa. A small subset of this diverted material also provisions IED construction. Captured, stolen, and recovered explosive ordnance—including legacy anti-vehicle mines trafficked from Chad, Libya, and possibly Sudan—also constitutes a source of IED components. Coordinated action among affected, source, and transit states is required to prevent armed groups and criminals from accessing commercial explosive materials and other IED components. Such action can involve: national stocktaking exercises; the development of national and regional counter-IED (C-IED) strategies; monitoring, information-sharing, and coordination mechanisms; regulatory modernization and harmonization;  engagement with artisanal mining associations, the mining and explosives industry, states, and regional trade blocs in pursuit of regulatory reform; and efforts to establish minimum standards for bulk and individual traceability of commercial explosives. Reducing the recovery of explosive ordnance requires renewed programmatic investment in clearing minefields and explosive remnants of war across the Sahe   

Geneva, SWIT:  Small Arms Survey, Graduate Institute of International and Development Studies , 2023.  124p.

By Emile LeBrun and Aline Shaban

The fight against illicit firearms proliferation and misuse in the EU and its neighbors is a multifaceted challenge. This challenge encompasses the diversion of arms from national stocks and actors; trafficking from inside and outside the region; the illicit manufacture or transfer of parts, components, accessories, and ammunition; and the conversion of alarm, signal, acoustic, and air guns.

An equally important dimension is the administration, management, and control of legally held small arms through civilian firearms registries. Ensuring national authorities have visibility and insight into the import, sale, use, export, or destruction of all legally held firearms across their life cycle is essential in preventing civilian firearm movement into the illicit market and subsequent misuse or violence.

Effective and Innovative Practices among European Civilian Firearm Registries—a new report co-published by the Survey and its REGISYNC project partners Arquebus, the Centre for the Study of Democracy (CSD), and Ecorys—provides an assessment of current civilian firearm registry standards and practices, and identifies particularly innovative and effective measures to enhance firearms registries beyond common standards in the EU.

Sofia, Bulgaria: Centre for the Study of Democracy , 2023. 75p.

By The Small Arms Survey

The use of improvised explosive devices (IEDs) in West Africa expanded dramatically over the last decade. IED-building networks have established material and training links across conflict areas in West and Central Africa, and their designs have remained constant and inexpensive throughout the region—helping to increase their use in attacks against domestic and international security forces, UN peacekeepers, and civilians.

Out of Control: The Trafficking of Improvised Explosive Device Components and Commercial Explosives in West Africa—a new report from the Small Arms Survey’s Improvised Explosive Devices (IEDs) in West Africa project—analyses data from more than 2,200 IED-related incidents between March 2013 and September 2022, and stresses the importance of coordinated regional approaches in eliminating illegal IED use in West and Central Africa.

Geneva, SWIT: Small Arms Survey, 2023. 124p.

By Fiona Langloisa, Damien Rhumorbarbea, Denis Wernera, Nicolas Florquinb, Stefano Caneppelea and Quentin Rossy

Using a crime script analysis, this research aims to document how smugglers operate when they traffic arms from the US to foreign countries. Our study is based on an analysis of 66 cases that have been judged by US courts (2008–2017). The criminal activities involved are detailed in a series of distinct scenes, according to Cornish’s theory. Five scripts have been developed, based on the means of transport used by the traffickers: road transport, commer-cial airlines, postal services, freight transport and crossing the border on foot. Results suggest that most criminals prefer to operate according to an established modus operandi. This commonality suggests that the potential exists for the professionalisation of this criminal activity. Indeed, offenders are likely to maintain it to reduce effort and risk. Complementary sources of information would help to enrich the approach proposed in this study and to address the challenges posed by complex cases.

Global Crime, 2022, VOL. 23, NO. 3, 284–305

by Oluwole Ojewale

This study explores the complex relationships between urbanisation and transnational organised crime, focusing on how illicit arms shape urban violence and are leveraged by criminal groups. It maps the nexus between arms trafficking actors and criminal groups operating in other organised markets in urban contexts and proposes interventions that engage with diverse layers of urban governance and stakeholders in the cities. The study focuses on Bamako and Lagos as urban centres in which arms trafficking and urbanisation intersect. Key points l There are multiple drivers and enablers of arms trafficking. l Armoury theft is a major source of illicit weapons and ammunition. l Arms trafficking is highly segmented and spatially concentrated. l Illicit firearms enter cities through various entry points. l Organised crime groups operate across multiple illicit businesses. l Elite support to ethnic militias drives private armament outside of state control. l The centralised governance framework on security forecloses potential collaboration from subnational governments to address urban arms trafficking.

OCWAR-T Research Report 2 . ECOWAS Commission, 2023. 38p,

Edited by Gian Ege, Christian Schwarzenegger and Monika Stempkowski

Trafficking in arms and weapons material is, perhaps, one of the most notorious forms of organised crime. Fuelled by both the movie industry as well as real world examples, criminal organisations are widely believed to engage in the trafficking of firearms and weapons material, including nuclear material. This illicit trade is further facilitated by corruption and other forms of collusion with government entities as well as by links between the criminal elements and the arms industry. As part of a joint teaching programme on transnational organised crime, students from the Universities of Queensland, Vienna and Zurich researched the topic of arms trafficking in a year-long course. Some of their academic papers are compiled in this volume, addressing topics ranging from international and national legal frameworks to levels and characteristics of this phenomenon in selected places, and enforcement and industry measures adopted to prevent and suppress this illicit trade.

Berllin: Carl Grossman Verlag, 2022. 300p.

By Zaur Borov and Stephen Bowers

The primary focus of this study is on illegal weapons trade in Romania and the Caucasus region of the former USSR. Illegal weapons traffic in these regions is linked with both organized crime and terrorist activities. The main source of weapons for conflicts in the Caucasus region is corruption in Russian military circles. One well-known Arab terrorist organization, the so-called Muslim Brothers, has active connections in Romania. There is a incipient growing of trade with components, products and substances used in the manufacturing of mass destruction weapons (chemical, biological and nuclear). Free trade conventions between the CIS states facilitate illegal weapons transactions in the former USSR. In Eastern Europe there has been a steady increase of trade in components, products and substances used in the manufacturing chemical, biological and nuclear weapons. Many of the most recent Russian weapons, such as the B-94, have gone directly from the factory to the Caucasus arms bazaars. Chechen troops had the B-94 before it was issued to Russian soldiers.

Lynchburg, VA: Liberty University, Center for Security and Science, 2002. 31p.

By Jenny Mouzos

Firearms can be important as instruments of crime. Their unauthorised movement across national borders constitutes a crime in its own right. Firearms posing the greatest threat are those that are easily concealable and less detectable, making them attractive for traffickers and criminals alike. In order to regulate the traffic of firearms at an international level, it is necessary to begin by regulating it at both a regional and a national level. This paper highlights international strategies aimed at curbing the proliferation of firearms into Australia. It also examines Australian government initiatives introduced to reduce the number of, and access to, illegal firearms in the community, and consequently to reduce firearm-related violence.

Canberra: Australian Institute of Criminology, 1999. 6p.

By United Nations Office on Drugs and Crime (UNODC)

What is the relationship between violence, crime and arms trafficking in Colombia? This report aims to answer this question and provide an assessment of the arms situation in Colombia. The document provides an overview of violence with firearms in Colombia, the main violence-generating factors in the country, and the relationship between firearms and the different forms of violence. The author further examines the dynamics of the manufacturing, trafficking, illegal possession and carrying of small arms and light weapons, as well as the contraband routes, the groups involved, and the principal suppliers. Chapters of the book also consider different aspects of the institutional handling of firearms in Colombia and the different disarmament experiences that have taken place in the country, such as the disarmament experiences of rebel groups and those carried out voluntarily.

The document concludes by analysing the commitments, actions, and positions assumed by Colombia with respect to the different protocols, conventions, and cooperation agreements on small arms and light weapons. In this respect, the authors highlight the leadership and permanent initiative that Colombia has displayed in the international field, by promoting the signature and adoption of different instruments aimed at reducing illegal trafficking and strengthening controls of legal arms transfers at the international level. With the exception of the weak penalization for the illegal carrying of arms, the authors argue that Colombia has tried to adapt its internal legislation to international requirements and standards.

Bogota: UNODC, 2006. 127p.

By Kim Cragin and Bruce Hoffman

This report provides an analysis of black-market and gray-market sources of small arms, explosives, equipment, and material that are available to terrorist and insurgent organizations in Columbia with particular attention given to the sources and methods used by covert and/or illegal suppliers and purchasers to acquire, sell, buy, transfer, ship, and receive these items.

The extent and type of weaponry currently available to terrorists, insurgents, and other criminals are enormous. These groups have exploited and developed local, regional, and global supply channels to traffic in munitions and equipment worldwide. In the country of Columbia, the drug trade, a protracted insurgent conflict, nationwide corruption, and small arms proliferation have contributed to the political instability and violence in the country over the past century with small arms proliferation among the most serious of the problems.

Santa Monica, CA: RAND, 2003. 208p.