Dear GAGV,
As a sports nut, I have heard many great athletes explain that the secret to their success was mostly resiliency. Michael Jordan missed most of his shots. Roger Federer lost almost half his points. The reason they were great is that they learned from the last play, and focused on the next one. That's what we do at GAGV.
Last month you read that the U.S. Supreme Court held that our landmark gun industry lawsuit for Mexico was prohibited by PLCAA. Below you’ll read how this month we’re asking the Court to strike down PLCAA as unconstitutional – which it is. If we succeed, that unjust law will no longer shield the worst actors in the gun industry.
You’ll also read how we’ve helped launch the most impactful corporate campaign against gun violence I’ve ever seen. Lush is amazing. Check them out.
And there’s more reason for hope: A big win we assisted with in a Canadian court against Smith & Wesson. A generation of brilliant, energetic activists who’ve spent the summer learning from and helping with GAGV. And finally, an in-depth podcast that invited me to share my perspectives on 28 years of fighting gun violence
We’re doing a lot of exciting, impactful work – with a lot more to come.
Jon Lowy
Founder & President
P.S. Please considering making a donation now to help Global Action on Gun Violence continue the fight!
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Lush Campaign Brings Consumer Attention to Gun Violence Lawsuit
Earlier this month, Global Action on Gun Violence partnered with the global cosmetic company, Lush, and Change the Ref on Lush’s latest campaign. Starting July 3, all 200+ Lush shops across the United States promoted GAGV’s Lawsuit for Survival, urging customers to sign a petition in support of the groundbreaking human rights lawsuit and advocate for stricter gun laws.
“The campaign was a fantastic success, leading many people to sign the petition, learn about our landmark human rights action, and become supporters of our work,” said Jon Lowy, GAGV founder and president. “We are so grateful to the team at Lush for their truly creative and collaborative partnership. This is real leadership from the consumer sector and sets an example that others can follow.”
The Lawsuit for Survival was filed by Global Action on Gun Violence on behalf of Joaquin Oliver and his parents, Manuel and Patricia, in the Inter-American Commission on Human Rights. Seventeen-year-old Joaquin was killed in the 2018 Parkland, Florida, high school massacre. The lawsuit seeks to hold the U.S. government accountable for violating human rights law by failing to protect people’s right to live free from gunfire and causing Joaquin’s death in the massacre.
In honor of Joaquin and the campaign, Lush created a limited-edition “Sonflower” bath bomb, inspired by the sunflowers that Joaquin brought to school for his girlfriend on Valentine’s Day — the day of the shooting. The bath bomb has sunflower petals and features a fan-favorite Lush scent, Avocado Co-wash, as a nod to Joaquin’s nickname, Guac.
Check out a Lush store near you to see the Sonflower bath bombs in person!
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GAGV Calls on U.S. Supreme Court to Strike Down Gun Industry Protection Law as Unconstitutional
After last month’s U.S. Supreme Court decision that Mexico’s gun manufacturer lawsuit was barred by PLCAA, the U.S. gun industry protection law, GAGV is pushing to get the law struck down as unconstitutional. On July 29, GAGV filed a Petition for Writ of Certiorari requesting the Supreme Court to review a decision by the Pennsylvania Supreme Court in Gustafson v. Springfield, which upheld PLCAA after two decisions by the Superior Court of Pennsylvania found the law unconstitutional.
GAGV represents the parents of J.R. Gustafson, who at 13 was unintentionally shot and killed by a 14-year-old friend. The design of the gun deceived the shooter to think the gun was unloaded after the ammunition magazine was removed. Springfield, the gun’s manufacturer, failed to include an inexpensive safety feature called a magazine disconnect that would have prevented the gun from firing. Although Pennsylvania law would impose liability on the manufacturer and seller of the gun for failing to include feasible safety features and warnings, the Pennsylvania Supreme Court held that the Gustafsons’ case was prohibited by PLCAA.
GAGV argues that PLCAA violates the Tenth Amendment, by infringing on state authority to make its liability laws, and is unauthorized by the Commerce Clause, as four judges on the Superior Court held. Please read our Petition
GAGV is partnering on the Petition with noted constitutional litigator Bob Peck of the Center for Constitutional Litigation, and Gary Lynch and Kelly Iverson of Lynch Carpenter in Pittsburgh.
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Lawsuit Against Smith & Wesson Gets Green Light from Highest Canadian Court
Late last month, Ontario, Canada’s highest court certified a class-action lawsuit against gun manufacturer Smith & Wesson. Jon Lowy of GAGV is Foreign Legal Counsel for the Plaintiffs in the case – the first ever against a U.S. gun manufacturer brought outside the U.S. (and hence outside of PLCAA’s protections). The plaintiffs in the $150 million suit allege that the company was negligent for failing to implement “smart gun” technology despite knowing it would “mitigate or eliminate unauthorized use” that could prevent mass shootings like the one that occurred on Danforth Avenue in the Greektown neighborhood of Toronto in 2018 - which claimed two lives and left 13 others wounded.
“The plaintiffs were not required to demonstrate that their negligence claim would ultimately be successful,” the court said in a unanimous decision. “Rather, they had to show some basis in the evidence that the defendant’s failure to include the authorized user technology constituted negligence and caused or increased the risk of harm to the members of the class. And that is very different than proving the case on a balance of probabilities at trial.”
“Cars got seatbelts in part because they were pushed to do so,” and smartphones have user authorization, Ken Price, the father of a Danforth survivor, told the Toronto Star. “These things have always been partly decided by legislation, partly through market forces, and partly through the courts, and I think that’s what we’re trying to do here is to say stop guns being used easily by people who shouldn’t have one.”
This week, the New York Times revisited the Danforth shooting, noting that while firearms smuggled in from the United States are flooding Canada’s streets, the topic is largely absent from border security discussions amidst the current U.S. trade war. “If we’re going to stop this crime, we have to stop these guns coming into the city,” said Inspector Krawczyk of the Toronto Police. “We owe it to the citizens of Toronto.”
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An Impactful Summer for GAGV Interns
This summer, GAGV was graced with a tremendous class of interns, both undergraduate and law school students, who worked directly with our staff on all aspects of the organization’s work. They share some highlights of their experiences:
Anais Lowenthal, Oberlin College
"As an undergraduate intern for GAGV, I have contributed to substantive research and writing, including a report for which I will have authorship. The GAGV staff are dedicated, inclusive, and attentive to mentoring the interns. GAGV’s approach to combating irresponsible practices by the firearm industry is innovative and goal-oriented, and I am proud to have contributed to the work of this organization."
Billy McGowan, University of Virginia
"My experience working at GAGV has been exceptionally engaging, as I’ve gotten to do in-depth research on the dynamics of international firearms trafficking with other interns! GAGV’s work is extremely important because preventing illicit firearms trafficking from the US addresses global security challenges that impact community safety everywhere."
Emily Handsel, Harvard Law School
"Interning with GAGV has given me so much hope for the future of the gun violence prevention movement. I am especially grateful to work with attorneys that are pushing the boundaries of gun violence prevention litigation and advocacy in creative and impactful ways."
Charles Randall, Harvard Law School
"I have loved working at GAGV this summer. It’s been wonderful to work with all the smart lawyers, interns, and staff doing meaningful work to address gun violence. GAGV’s global focus and relentless advocacy is so important to addressing the problem at its roots—the gun industry—and I’m thrilled to have contributed to this effort."
Brynn Jones, Penn Carey Law
"I could not have asked for a more hands-on experience with substantive and impactful work after my first year of law school. Everything from getting to see the aftermath of a Supreme Court case and the discovery process to conducting in-depth legal research has been even more than I could have asked for!"
Megan Willburn, University of Virginia Law
"Working at GAGV is fun and meaningful. Having gun violence prevention projects that directly support future litigation, certiorari petitions, or research reports makes each day feel worthwhile. Getting to do it with mentors who take you to Nats games and art museums is even better!"
Marcella Rubini, George Washington University Law School
"My experience at GAGV reaffirmed my belief that day-to-day research and writing for purposes of impact litigation are equally as important as frontline human rights action and activism. I take comfort in knowing that every assignment contributes to a strategic plan to protect the right to live free from gun violence."
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Pictured above: GAGV's legal staff and interns enjoy a Nationals game! |
Podcast Explores Jon Lowy’s Long Fight Against Gun Violence
GAGV founder and president Jonathan Lowy was the featured guest of podcaster Tricia Benn on her C-Suite Network podcast. She wrote this after the interview:
"What I loved most was Jonathan’s commitment to collaboration. He understands that solving gun violence, or any complex problem, requires unexpected alliances. Whether it’s linking gun policy to the fentanyl crisis or drawing connections between gun trafficking and forced migration, he’s constantly seeking solutions that go beyond soundbites. He’s forging partnerships across political, legal, and cultural lines and doing it all with unwavering focus."
You can watch the full interview here.
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Give to GAGV Today
We are up against the billion-dollar gun industry. But we know we can win. Donate today to help us hold bad actors in the gun industry to account in court. We can't do it without you!
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