Emory Corporate Governance and Accountability Review


Tiffany Taylor


In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (the 'PLCAA'). This Act shields gun manufacturers from liability when its guns are used in the commission of a crime. Specifically, the gun manufacturer cannot be held financially liable when a third-party has misused the gun by injuring another. Historically, victims of gun violence have been permitted to bring civil cases against gun manufacturers when injured by a third-party. This Act has eliminated that option. Thus, victims and gun reform proponents must search for new options. In this article, Tiffany Taylor argues that by limiting the financial liability of gun manufacturers, the PLCAA interferes with natural product reform by substantially reducing a manufacturer's incentive to participate in gun reform. Through careful analysis, this article explains how victims of gun violence must now fight for gun reform by manufacturers in the face of the PLCAA.