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Chapter 1 surveys the landscape of federal and state efforts to effectuate gun control measures. The chapter theme is that in spite of extensive federal and state laws regulating the manufacture, marketing, distribution, sale, and use of firearms, these measures have proven ineffective to stem the tide of gun violence. The chapter reviews the extensive federal and state protection of consumers from defective and harmful products, noting that firearms lobbyists prevented Congress from subjecting the firearms industry to consumer protection regulatory oversight. Instead, the gun industry is subject to the oversight by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. The chapter discusses the history of federal gun regulation, discussing the National Firearms Act, the National Firearms Registration and Transfer Records, the Gun Control Act, the Firearm Owners Protection Act, the Violent Crime and Law Enforcement Act, the Federal Assault Weapons Ban, and the Law Enforcement Officers Safety Act. The chapter introduces the firearm industry immunity statute, the Protection of Lawful Commerce in Arms Act (PLCAA). The chapter concludes with a brief review of the Supreme Court’s recent Second Amendment jurisprudence that has served as a barrier to effective gun control.
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