Suiting Down

(National Review Online)  This column was written by John Lott & Jack Soltysik.

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Almost all products have illegitimate uses and undesirable consequences. In 2002, 45,380 people died in car accidents, 838 children drowned, 474 children died in house fires, and 130 children died in bicycle accidents. Luckily, local governments haven't started recouping medical costs or police salaries by suing car manufacturers, pool builders, makers of home heaters, or bike companies.

Many items, including cars and computers, are also used in the commission of crimes. But again, no one seriously proposes that these companies be held liable.

People understand that what makes a car useful for getting to work also makes it useful for escaping a crime. They also understand that the penalty should be on the person who uses the product for ill.

This logic is ignored when cities sue gun makers for costs incurred from improper firearm use, and the House of Representatives looks poised to end the practice today. Multibillionaire George Soros, via the Brady Campaign, has funded most of these suits. Last year the "Protection of Lawful Commerce in Arms Act," to rein in these suits, was defeated when Democrats added amendments to extend the so-called assault-weapons ban.

Generally, with the exception of some short-term victories, suits against gun makers haven't had any more legally success than if similar suits had been brought against car companies. The legislation would limit civil suits to cases where the sellers or manufacturer has broken any law. In practice, this will make the selling of guns similar to other products. Car dealers are not sued simply because their cars are used in a crime, but they can be if they knowingly provide a car to facilitate a crime.

While gun-control advocates can dream about more such victories, the Brady Campaign had more practical goals: imposing large legal costs on gun makers. Even the largest gun companies make only a few million dollars in a good year. Those below the top ten make just a few thousand guns a year and are usually family operations.

The Bad and the Good

Obviously, bad things happen with guns. But the suits ignore that guns also prevent bad things by making it easier for victims to defend themselves. Unlike the tobacco suits, gun makers have powerful arguments about the benefits of gun ownership.

More than 450,000 crimes, including 10,800 murders, were committed with guns in 2002. But Americans also used guns defensively more than two million times that year, and more than 90 percent of the time merely brandishing the weapon was sufficient to stop an attack.

Police are important in reducing crime rates, but they virtually always arrive after a crime has been committed. When criminals confront people, resistance with a gun is by far the safest course of action. A 2004 survey found that 94 percent of 22,600 chiefs and sheriffs questioned thought that law-abiding citizens should be able to buy guns for self-defense.

John Lott's own research has shown increased gun-ownership rates are associated with lower crime rates. Poor people in the highest crime areas benefit the most from owning guns. Lawsuits against gun makers will raise the price of firearms, which will most severely reduce gun ownership among the law-abiding, much-victimized poor.

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