Muscarello v. United States

The Court's broad interpretation of a federal law applying a five year mandatory prison sentence to anyone who carries a firearm while trafficking in illegal drugs was welcomed by law enforcement. Public concern over the availability and use of firearms in American society continued following the Muscarello decision. Approximately 4 million firearms continued to be sold annually in the nation. Handguns were shown to be a key factor in the rise of violent juvenile crime, even while the overall crime rates declined. New tough measures to confiscate guns and put offenders behind bars who used guns seemed to make a difference in public safety.

By the end of 1998 following court successes against the tobacco industry, many local and state governments began to unite in a campaign to make gun manufacturers and distributors more accountable for the social and financial costs that guns pose. New restrictions were sought on the production and marketing of firearms through the pressing of product liability and public nuisance charges. Actions by the state and local governments rather than Congress avoided issues over limitations of federal power over gun control that 1990s Court rulings were establishing.