Suiting Down

The NRO: Congress Guns For Fairness

(National Review Online)  Advocates for these suits claim that the gun makers make their weapons attractive to criminals through low price, easy concealability, corrosion resistance, accurate firing and high firepower. Lightweight, concealable guns may help criminals, but they also have helped protect law-abiding citizens and lower crime rates in the 46 states that to varying degrees allow concealed handguns.

Women benefit most and also find it easier to use smaller, lightweight guns. Poor victims benefit more than wealthier ones from the ability to protect themselves simply because they are more likely to be victims.

Some suits have sought to hold gun makers liable because accidental deaths are "foreseeable" and not enough was done to make guns safe. Nationally, the Centers for Disease Control shows that 26 children under 10 and 60 under 15 died from accidental gun deaths in 2002. Yet with 90 some million people owning more than 260 million guns, accidental deaths from guns are far less "foreseeable" than from many other products. Most gun owners must be very responsible or such gun accidents would be much more frequent.

Data collected from doing a Nexis search on all accidental gun shot cases for children under age ten show that accidental shooters overwhelmingly are adults with long histories of arrests for violent crimes, alcoholism, suspended or revoked driver’s licenses, and involvement in car crashes. Meanwhile, the annual number of accidental gun deaths involving children under ten — most of these being cases where someone older shoots the child — is consistently a single digit number. It is a kind of media archetype story to report on "naturally curious" children shooting themselves or other children — though in the five years from 1997 to 2001 the entire United States averaged only ten cases a year where a child under ten accidentally shot himself or another child.

In contrast, in 2001 bicycles were much more likely to result in accidental deaths than guns. Ninety-three children under the age of ten drowned accidentally in bathtubs.

And, Yet, Still...

Yet, despite all this the vote in the House might depend on requirements on a Senate provision that required gunlocks to be included with any guns sold. As mentioned, the number of accidental gun deaths are many fewer than most suspect, but the real problem is that convincing people to lock up guns actually leads to more deaths. When people lock up their guns, they are less able to defend themselves from criminal attacks and criminals become more emboldened to attack people in their homes. Providing gunlocks with guns is just one additional way to exaggerate in people’s minds the risk of owning guns in the home. Including this provision may be the political price to pass the legislation, but it distracts from the overall benefits of the bill.

Attempts to have the court system ignore a product’s benefits to society are bad enough. Even worse is the cynical attempt to file bogus lawsuits simply to impose massive legal costs to eventually try bankrupting legitimate companies.

Passing the "Protection of Lawful Commerce in Arms Act" today would still allow suits but would put gun makers on the same legal footing as other American manufacturers.

John Lott, a resident scholar at the American Enterprise Institute, is the author of More Guns, Less Crime and The Bias Against Guns. Soltysik was an AEI summer intern and is currently a student at the University of Missouri.