ABA Resolution 604 and Civil Liability for Gun Companies — Summary of PLCAA, FIRAs, and Supreme Court Developments

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New ABA Resolution on Civil Liability for Gun Companies — Summary & Key Points

Canonical Source: Duke Center for Firearms Law – Second Thoughts Blog

Author: Dru Stevenson, South Texas College of Law Houston

Publication Date: March 2026

Abstract

This post summarizes my recent analysis published at the Duke Center for Firearms Law regarding the American Bar Association’s new Resolution 604, which urges repeal of the Protection of Lawful Commerce in Arms Act (PLCAA) and encourages states to adopt Firearm Industry Responsibility Acts (FIRAs). The article explains how the Supreme Court’s 2025 decision in Smith & Wesson v. Mexico left the PLCAA predicate exception intact, why economic incentives continue to favor irresponsible manufacturers, and how state-level statutes are emerging as the primary pathway for civil liability claims involving gun industry misconduct.

Key Points

Concept Summary
ABA Resolution 604 Calls for repeal of PLCAA and encourages states to enact FIRA-style statutes to restore civil accountability for gun manufacturers and sellers.
SCOTUS: Smith & Wesson v. Mexico The Court unanimously rejected Mexico’s claims but did not narrow the PLCAA predicate exception, leaving room for state-law pathways.
Economic Incentives Industry immunity creates a race-to-the-bottom dynamic, rewarding companies that market irresponsibly or ignore downstream risks.
State-Level FIRAs Ten states have enacted statutes defining firearm industry misconduct as a violation of state consumer protection law, triggering PLCAA exceptions.
Barriers to Plaintiffs Resource disparities, information asymmetries, and federal restrictions like the Tiahrt Amendment continue to limit litigation options.

Why This Matters

The ABA’s resolution signals a shift in mainstream legal thought about gun industry accountability. While federal reform remains unlikely, state-level statutes are rapidly becoming the primary mechanism for addressing negligent marketing, distribution practices, and supply-chain failures that contribute to gun violence. The article provides a detailed doctrinal and economic analysis of these developments.

Read the Full Article

For the complete analysis, visit the original publication at the Duke Center for Firearms Law:
https://firearmslaw.duke.edu/2026/03/new-aba-resolution-about-civil-liability-for-gun-companies

Cross-posted on The Forum (University of Wyoming Center for Firearms Research): https://firearmsresearchcenter.org/forum/new-aba-resolution-about-civil-liability-for-gun-companies/ 

Dru Stevenson is a tenured professor at South Texas College of Law Houston, specializing in firearms law, administrative law, and law & economics

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