38 Nova L. Rev. 359 (2013-2014)
The Rx and the AR: A Products Liability Approach to the Mass Shooting Problem

handle is hein.journals/novalr38 and id is 382 raw text is: THE RX AND THE AR: A PRODUCTS LIABILITY APPROACH
TO THE MASS SHOOTING PROBLEM
MARISSA DUQUETTE*
I.      IN TR O D U C TIO N ...............................................................................  359
II.     THE HISTORY OF AMERICAN GUN LEGISLATION .......................... 361
III.    THE PROBLEMS WITH GUN LEGISLATION...................................... 371
IV.     THE LINK TO ANTIDEPRESSANT AND ANTIPSYCHOTIC USE.......... 373
V .     T H E  SO LU TIO N  ............................................................................... 382
V I.    C O N CLU SIO N ..................................................................................3 84
I.      INTRODUCTION
With mass murders on the rise, the public demanded legislative
action to ameliorate the issue. Thus far, the legislature's response has been
primarily comprised of gun reform proposals.' Congress has been flooded
with bills and acts that call for stricter licensing practices, more in-depth
background    checks, or bans on      assault weapons and     high   capacity
magazines.2 However, the solution to the mass murder problem        does not
likely lie within gun control, but rather, within prescription drug control.3
Antidepressant and antipsychotic medications are known to increase suicidal,
homicidal, and violent tendencies in some users. Individuals such as James
E. Holmes, Seung-Hui Cho, and Eric Harris were prescribed antidepressant
or antipsychotic medications.5 Afterward, these same individuals committed
the mass murders at Aurora Century movie theater, Virginia Polytechnic
* Marissa Duquette will graduate from Nova Southeastern University, Shepard
Broad Law Center, in May 2015. Duquette would like to thank the board members and her
colleagues at the Nova Law Review for persistently working to improve and refine this article.
She would also like to thank Professors Rex Ford and Michael Richmond for their guidance
and support, as well as her family-Scott, Marie, and Rosco-for all of their dedication and
encouragement.
1.      See Jana R. McCreary, Mentally Defective Language in the Gun
ControlAct, 45 CONN. L.REv. 813, 831 (2013).
2.      See id. at 832; JEFFREY A. ROTH & CHRISTOPHER S. KOPER, NAT'L INST. OF
JUSTICE, IMPACTS OF THE 1994 ASSAULT WEAPONS BAN: 1994-96 1 (1999).
3.      Jerome R. Corsi, Psych Meds Linked to 90% of School Shootings, WND
(Dec. 18, 2012, 10:16 PM), http://www.wnd.com/2012/12/psych-meds-linked-to-90-of-
school-shootings/; Bob Unruh, Are Meds to Blame for Cho's Rampage?, WND (Apr. 23,
2007, 1:00 AM), http://www.WND.com/2007/04/41218.
4.      Corsi, supra note 3; Unruh, supra note 3.
5.      Corsi, supra note 3; see McCreary, supra note 1, at 823, 824 n.54.

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