Abstract
More than thirty cities and counties and one state attorney general have brought lawsuits against the manufacturers, distributors, or dealers of handguns based on marketing and distribution practices that knowingly facilitate easy access to handguns by prohibited purchasers and persons intent on crime. The primary claim has been public nuisance. State and local governments have the traditional power and duty to bring public nuisance lawsuits. In addition, private plaintiffs who have been harmed by a public nuisance may assert a public nuisance claim in some circumstances. This Article sets out and assesses the traditional requirements for a private-party public nuisance claim and considers whether individual victims of firearms violence satisfy those requirements, concluding that they do.
How to Cite
43 Ariz. L. Rev. 339 (2001)
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