Suing The NRA for Damages

Abstract

A solution is needed for the gun violence epidemic, where approximately 15,000 innocent persons are shot to death each year. Close analysis reveals that meaningful legislative solutions have failed to move forward. The reason for this failure is the National Rifle Association’s (NRA) stranglehold on federal and state legislators. This Article explores a nonlegislative solution—a tort suit aimed at obtaining compensation for the shooting victims and returning the NRA to its original purpose. It will examine conduct actions by the NRA and consider the NRA’s foundational defenses: failure to engage in any “imminent lawless action,” the First Amendment, the Second Amendment, and proximate cause. It will also consider the five tort causes of action: (1) aiding and abetting, (2) civil conspiracy, (3) strict liability, (4) the intentional infliction of emotional distress, and (5) negligence.