How gun makers can help us
Make firearms manufacturers figure out how to reduce the 12,000 shooting deaths each year.
This year, about 12,000 Americans will be shot to death. It's a staggering figure, and even though lawmakers have continued to pass gun-control laws to try to bring the number down, they have not significantly reduced the murder rate. Indeed, for the last decade, guns have steadily remained the cause of about two-thirds of all homicides.
Gun manufacturers insist that these deaths are not their fault, preferring to pin the blame on criminals and irresponsible dealers. They have fiercely resisted even minimal restrictions on sales and have simultaneously washed their hands of responsibility for this "collateral damage."
On Thursday, the U.S. Supreme Court made the problem a little more difficult to solve, ruling in District of Columbia vs. Heller that the individual's right to bear arms is indeed protected by the 2nd Amendment -- and making it clear that some laws banning guns would have a difficult time passing constitutional muster in the future.
What is to be done? The conventional regulatory approaches seem to be failing. A more recent strategy, in which victims or municipalities bring lawsuits against gun manufacturers or retailers, seems legally and politically unpromising since the 2005 passage of the Protection of Lawful Commerce in Arms Act, which shields gun manufacturers from civil liability.
We propose a new way to prod gun makers to reduce gun deaths, one that would be unlikely to put them out of business or to prevent law-abiding citizens from obtaining guns. By using a strategy known as "performance-based regulation," we would deputize private actors -- the gun makers -- to deal with the negative effects of their products in ways that promote the public good.
In other words, rather than telling gun makers what to do, performance-based regulation would tell them what outcome they must achieve: Reduce deaths by guns. Companies that achieve the target outcomes might receive large financial bonuses; companies that don't would face severe financial penalties. Put simply, gun makers -- whose products kill even when used as directed -- would have to take responsibility for curbing the consequent public health toll.
Under our plan, Congress might require gun makers in the aggregate to reduce gun homicides from 12,000 to, say, 7,000 in 10 years, with appropriate interim targets along the way. Individual firms would each have their own targets to meet, based on the extent their guns are currently used in homicides. Or Congress might simply leave it to neutral experts to determine just how much of a numerical reduction should be required -- and how quickly. Either way, the required decline would be substantial.
