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No. 400

May 9, 2001

Pistol Whipped

Baseless Lawsuits, Foolish Laws

by Robert A. Levy

Executive Summary

Violence in America is due not to the availability

Although Congress and the majority of state

of guns but to social pathologies--illegitimacy,

legislatures have resisted enacting draconian gun

dysfunctional schools, and drug and alcohol

control laws, the courts are the final bulwark in

abuse. Historically, more gun laws have gone

safeguarding our constitutional right to keep

hand in hand with an explosion of violent crime.

and bear arms. Yet the courts of late have been

Only during the past decade--with vigorous law

the scene of unprecedented attacks on that right

enforcement, a booming economy, and an older

as gun control advocates have used the judiciary

population--have we seen dramatic reductions

to make an end-run around the legislative

in violence, coupled with a record number of

process. Meritless litigation brought by govern-

guns in circulation.

ment plaintiffs in multiple jurisdictions are just

Before we compromise constitutional rights

part of a scheme to force gun makers to adopt

expressly recognized in the Second Amendment,

policies that legislatures have wisely rejected.

we ought to be sure of three things: first, that

Moreover, the suits are used by politicians to

we've identified the real problem; second, that

reward their allies--private attorneys, many of

we've pinpointed its cause; and, third, that our

whom are major campaign contributors--with

remedy is no more extensive than necessary to fix

lucrative contingency fee contracts.

the problem. The spreading litigation against

Meanwhile, many of the same politicians have

gun makers fails all three tests as do the latest

exploited a few recent tragedies to promote their

gun control proposals. Guns do not increase vio-

anti-gun agenda. But gun controls haven't

lence; they reduce violence. Banning or regulat-

worked and more controls won't help. In fact,

ing firearms will not eliminate the underlying

many of the recommended regulations will make

pathologies. And a less invasive remedy already

matters worse by stripping law-abiding citizens

exists: enforce existing laws.

of their most effective means of self-defense.

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Robert A. Levy is senior fellow in constitutional studies at the Cato Institute.