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In the 1980's, public interest lawyers had taken on the automobile industry, Big Tobacco, and polluters, but none had sought to have gun dealers pay the price for supplying guns with a wink and a nod to traffickers and straw purchasers.
Gun manufacturers knew that they could forgo life-saving safety features, or sell guns to corrupt distributors and dealers who supplied the criminal market, and never have to pay for their irresponsible practices. And whenever National Rifle Association lawyers rushed into court to argue that gun laws should be struck down, there were no "lawyers for common sense gun laws" to oppose them.
In 1989, the Legal Action Project was created to change all that.
Since then, LAP attorneys have represented gun violence victims pro bono in courts throughout the country, establishing a body of law holding that those who manufacture, distribute and sell guns owe a duty to engage in their business responsibly, and they may be liable for contributing to criminal or unintentional shootings when they fail to do so.
LAP attorneys, working closely with attorneys and law firms from the legal community, have won precedent-setting rulings in Massachusetts, Ohio, West Virginia, Indiana, New Jersey, Pennsylvania, Washington, California, and elsewhere, holding that gun manufacturers and dealers may have to compensate victims for supplying criminals or gun traffickers.
As a result, gun companies have paid millions of dollars to victims and families, and some gun sellers have agreed to reform their business practices, going beyond what the law requires to prevent supplying the criminal market.
In other LAP cases, courts held — for the first time — that gun manufacturers may have to pay the price for unintentional shootings that could have been prevented if they had included life-saving safety devices in their guns.
When LAP brought its landmark child-proof gun case in California in 1995, gun manufacturers scoffed at the notion that guns should — or could — include internal locks to prevent children and other unauthorized persons from firing them. But after litigation demonstrated that the safety measures were feasible — and that gun companies risked paying the price if they failed to include them — numerous manufacturers began child-proofing their guns.
The Legal Action Project pledges to continue its fights on behalf of victims of gun violence and fight to defend sensible gun laws.
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