Imagine a product that serves no purpose but to kill people and each year causes many deaths. Surely politicians would compete with each other to pass laws to control it. If nothing else, the manufacturer of such a product, which is foreseeably used to murder people, would be held liable. Not, though, if the product is an assault weapon. The federal law banning assault weapons expired in 2004, and another federal law precludes civil liability for gun manufacturers. It is time to re-enact the Federal Assault Weapons Ban and to repeal a federal law adopted in 2005 that protects gun manufacturers from civil liability.

James Holmes allegedly went into an Aurora, Colo., movie theater with an arsenal that included a semiautomatic assault rifle and 6,000 rounds of ammunition. In a very brief time, he shot 70 people and killed 12. This was facilitated by the semiautomatic weapon, which when fired automatically extracts the spent cartridge casing and loads the next cartridge into the chamber, ready to fire again. If Holmes had used a handgun, far fewer would have been hurt or killed before he was stopped.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]