After Newtown: Reconsidering Kelley v. R.G. Industries and the Radical Idea of Product-Category Liability for Manufacturers of Unreasonably Dangerous Firearms
Citation: 102 Geo L.J. 551 (2014)
Part I of this paper explores the background of the Kelley case and the circumstances that led the Maryland Court of Appeals to lash out against the powerful gun industry. Part II examines criticisms aimed at the Kelley opinion and identifies good arguments that the court exhibited sound legal judgment in a controversy that it was perfectly competent to examine. Finally, Part III contextualizes the Kelley decision within the dramatic changes in American attitudes regarding gun crime and gun control and maintains that the opinion still has relevance today, as gun control advocates refocus on assault weapons.