Whenever a criminal uses a gun in Illinois and kills someone, there are always people whose first instinct is to sue the gun maker. Often, this is because the criminal dies during the commission of the crime or is otherwise detained, so suing him or her will not produce results. Furthermore, those who advocate for stricter gun laws feel that suing gun makers could help their cause. You have not heard of such lawsuits, though, because they simply do not happen because of the law.

Gun makers are not completely immune to legal repercussions, according to NPR, but they do have some protections that other manufacturers do not have for their products. Part of the reason for this is that by nature a gun is made to kill and harm. When used as intended, a gun will kill. So, it is not the gun that did something wrong. Rather it is the person using the gun who did something wrong. Hence, one reason why the gun maker is not liable.

This all has roots in the Protection of Lawful Commerce in Arms Act. This act says that you cannot sue a gun maker for crimes committed with the gun it made. This is similar to how you cannot sue an automaker if its car was in a car accident that killed someone.

However, gum makers are not immune from being sued. They still have to produce quality products that are free from defects. If there is a defect that causes harm, then you can go to court. For example, if the safety fails on your gun and it ends up allowing the gun to fire and someone is hurt, you would have a valid case against the gun maker. This information is for education only. It is not legal advice.