Two decades ago, Congress passed a law to protect gun manufacturers from being sued for crimes they didn’t commit.
Now, blue states are trying to undo it — and gun rights supporters say it’s one of the biggest threats to the Second Amendment in years.
20-Year-Old Shield Under Attack
In 2005, President George W. Bush signed the Protection of Lawful Commerce in Arms Act (PLCAA). It made sure gun companies couldn’t be blamed for the violent acts of criminals who misuse firearms.
The idea was simple: punish the person who pulls the trigger, not the factory that made the gun.
That law has worked for almost 20 years.
But now, ten Democrat-led states — including New York, California, and Connecticut — have passed new laws that let people sue gun manufacturers and sellers anyway.
They claim these companies create a “public nuisance” by selling or marketing firearms that could fall into the wrong hands.
Ten States, One Goal: Sue the Gun Industry
Connecticut’s new law, which took effect this month, lets lawsuits move forward if a gunmaker “fails to take steps” to prevent its products from being used illegally.
Similar laws in New York and California are already being used to sue companies like Glock and Remington.
Gun rights advocates call it a sneaky end-run around federal law.
Lawrence Keane with the National Shooting Sports Foundation said these states “know these laws are unconstitutional” but are trying to financially drain the gun industry through endless litigation.
This new wave of lawsuits is based on a 2022 case against Remington, the company that made the rifle used in the Sandy Hook tragedy.
Families of the victims sued under Connecticut’s consumer protection law, claiming Remington’s marketing was “irresponsible.” The company settled for $73 million — even though the gun was legally sold.
Now, anti-gun activists want to copy that strategy nationwide.
They say it forces the industry to act “more responsibly.” But critics argue it’s just a backdoor attempt to destroy lawful businesses that support America’s right to bear arms.
Attorney General Aaron Ford’s Potential Role
Nevada may not have passed one of these “lawsuit loophole” bills — at least not yet — but the political pressure is real.
Democrat Attorney General Aaron Ford has already sided with national gun control groups on several legal issues.
If these blue-state laws are upheld in court, states like Nevada could adopt similar rules or face pressure to “modernize” their gun liability laws.
That means local retailers, gun shows, and even small manufacturers in places like Reno and Pahrump could find themselves one lawsuit away from bankruptcy.
The Courts Are Split — for Now
In July, a federal appeals court allowed New York’s law to stand — for now. But even one of the judges called it an “attempt to end-run PLCAA.”
The issue will likely end up before the U.S. Supreme Court, which has a 6–3 conservative majority.
The gun industry got a good sign this summer when the Court tossed out a $10 billion lawsuit from the Mexican government that tried to blame U.S. gunmakers for cartel violence.
Even Justice Elena Kagan, one of the Court’s liberal justices, wrote that Congress clearly meant to stop these kinds of cases.
A Warning for Every Gun Owner
Make no mistake: this isn’t just about holding companies accountable. It’s about creating fear and financial ruin in an industry that supports millions of law-abiding Americans.
If gunmakers can be sued for how criminals use their products, what’s next — car companies being sued for drunk drivers?
That’s why gun rights advocates say the battle lines are being redrawn in the courtroom, not just the Capitol.
Nevada gun owners would be wise to stay alert. Today it’s Albany and Sacramento. Tomorrow it could be Carson City.
Gun control activists know they can’t win in Congress, so they’re using the courts instead.
If these lawsuits succeed, it could cripple the Second Amendment by bankrupting the very companies that make it possible to exercise it.
