The Kansas Supreme Court recently delivered another strong endorsement of the Protection of Lawful Commerce in Arms Act (PLCAA), further solidifying its role as a shield for lawful commerce in the firearms industry. In Johnson v. Bass Pro Outdoor World, LLC et al., the Court held that the PLCAA bars product liability and negligence claims against manufacturers and sellers when an injury results from a criminal misuse—even if the shooting was in some respects accidental.1
The Protection of Lawful Commerce in Arms Act (PLCAA) has long been a cornerstone of protection for firearms manufacturers and sellers, shielding them from liability when their products are misused in crimes. But recent litigation, including the Pennsylvania Supreme Court’s decision in Gustafson v. Springfield, Inc.,1 shows how litigants continue to test the boundaries of this federal law. While the ruling ultimately upheld the PLCAA’s protections, the case is a reminder of the ongoing scrutiny the law faces—and why it remains essential for the firearms industry.
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Superior Court Judge Barbara Bellis recently ruled that Remington Arms Company, LLC could not use The Protection of Lawful Commerce in Arms Act (“PLCAA”) to prohibit the lawsuit filed against Remington as a result of the Sandy Hook shootings last December 2012.
Recently the Supreme Court of Missouri held that The Protection of Lawful Commerce and Arms Act (“PLCAA”) preempts a negligence claim but allows a correctly pled negligent entrustment action against a firearm seller. Thus, the PLCAA is not only a hot political topic being discussed by the Presidential Candidates, but also one that is being litigated within the legal system.
In Delana v. Ced Sales, Inc., d/b/a Odessa Gun & Pawn, et al., (2016 WL 1357209 (MO en banc April 6, 2016, not released for publication) defendant Odessa Gun & Pawn (“Odessa) sold a firearm, to a mentally ill child of the plaintiff, Janet Delana, which the child used to kill her own father. Plaintiff telephoned Odessa and asked the store manager, Derrick Dady, to refrain from selling a gun to her daughter, who was severely mentally ill and should not have a gun. Plaintiff also told Mr. Dady that her daughter had purchased a gun at Odessa the previous month and attempted to commit suicide, and said, “I’m begging you, I’m begging you as a mother, if she comes in, please don’t sell her a gun. Two days later, Mr. Dady sold her a gun and ammunition which she used within an hour to kill her father.