In an effort to address gun violence, activists and victims’ families have filed lawsuits against the firearms industry seeking damage awards for violence committed by third party unrelated actors. Although Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005 intending to foreclose such lawsuits, since the time of the law’s passage, plaintiffs have brought claims against the firearms industry seeking refuge in an exception embedded in the statute. In a March, 2019 decision, Soto v. Bushmaster Firearms International, LLC, the Connecticut Supreme Court found that the Connecticut Unfair Trade Practices Act fell within an exception to the PLCAA. In that case, families of the victims of the tragic Sandy Hook Elementary School shooting sought to hold those in the chain of distribution of the weapon used in the attack accountable for the harm that resulted from their “unethical, oppressive, immoral, and unscrupulous” marketing of that product. The court allowed this case to proceed on its merits.
This Essay addresses the court’s decision and its implications for lawsuits in other jurisdictions. More specifically, the authors believe that the court wrongly interpreted the PLCAA’s legislative history, reached an incorrect conclusion, and lit a path to the courthouse steps for other plaintiffs with similar claims in certain other jurisdictions.