Citation

Nicols C, Kim J. NY Univ. Annu. Surv. Am. Law 2022; 77(2): 199-227.

Copyright

(Copyright © 2022, New York University School of Law)

DOI

unavailable

PMID

unavailable

Abstract

On November 3, the U.S. Supreme Court heard arguments in New York State Rifle and Pistol Association v. Bruen, the most significant Second Amendment case in a decade. As the Court considered whether, and to what extent, states could regulate public carry, it glossed over why they might need to: the gun violence epidemic. Outside the Court's chambers, 300 Americans are shot every day - and nearly 40,000 women, men and children die each year. Tragically, the disconnect between gun violence's deadly consequences and gun policy deliberations defines America's approach to its gun violence crisis. This article argues that America's gun violence epidemic is a product of this system failure. A confluence of harmful policies that center gun manufacturers' and dealers' business interests instead of public safety actively facilitates the gun violence crisis. As a result, the gun industry profits while communities across the country suffer senseless death. Fortunately, if America treats gun violence like other public health crises, the gun violence epidemic will end. Section II provides an overview of the gun industry's role in fueling gun violence through specific business practices, and Section III highlights the laws and policies in place that allow the gun industry to continue those business practices without consequence. Congress could easily reverse or amend each harmful law or policy by allowing regulation, litigation, and transparency efforts - which were effective in addressing the public health crises caused by tobacco, pollution, and pharmaceuticals - to push the industry to make and sell guns more responsibly.

Language: en