Emory Law Journal


A solution is needed for the gun violence epidemic, where approximately 15,000 innocent persons are shot to death each year.[1] Close analysis reveals that meaningful legislative solutions have failed to move forward.[2] The reason for this failure is the National Rifle Association’s (NRA) stranglehold on federal and state legislators.[3] This Article explores a nonlegislative solution—a tort suit aimed at obtaining compensation for the shooting victims and returning the NRA to its original purpose.[4] It will examine actions by the NRA and consider the NRA’s foundational defenses: failure to engage in any “imminent lawless action,” the First Amendment, the Second Amendment, and proximate cause. It will also consider the five tort causes of action: (1) aiding and abetting, (2) civil conspiracy, (3) strict liability, (4) the intentional infliction of emotional distress, and (5) negligence.