California Judge Rules That Shooting Victims Can Sue Smith And Wesson!

Published on July 25, 2021
Duration: 9:48

This video from Armed Scholar provides an expert analysis of a California judge's ruling allowing shooting victims to sue Smith & Wesson. The speaker, an expert in legal aspects of firearms, breaks down the complex legal arguments, including the Protection of Lawful Commerce in Arms Act (PLCAA) and its 'predicate exception,' and critiques the judge's reasoning regarding manufacturer and dealer liability. The content is highly informative for those interested in firearms law and industry accountability.

Quick Summary

A California judge ruled that victims of the Poway Synagogue shooting can sue Smith & Wesson, challenging the federal Protection of Lawful Commerce in Arms Act (PLCAA). The judge invoked the 'predicate exception,' suggesting potential violations in marketing practices and knowledge of firearm modifiability, which could bypass PLCAA's liability protections.

Chapters

  1. 00:00California Judge Rules Lawsuit
  2. 00:10Channel Intro & Sponsor
  3. 00:33Goldstein v. Ernest Case Background
  4. 01:00Allegations Against Smith & Wesson
  5. 01:25Allegations Against Gun Store
  6. 02:48Modifiability and Liability Claims
  7. 03:15Judge's Ruling vs. Federal Law
  8. 04:39PLCAA Predicate Exception
  9. 05:24Judge's Logic for S&W Liability
  10. 06:41Judge's Logic for Gun Store Liability
  11. 08:49Conclusion and Call to Action

Frequently Asked Questions

Can shooting victims sue gun manufacturers like Smith & Wesson in California?

A California judge ruled that victims of the Poway Synagogue shooting can sue Smith & Wesson and a local gun store. This ruling challenges the federal Protection of Lawful Commerce in Arms Act (PLCAA), which generally shields manufacturers from such lawsuits.

What is the PLCAA and how does it relate to lawsuits against gun makers?

The Protection of Lawful Commerce in Arms Act (PLCAA) is a federal law that prevents most civil lawsuits against firearm manufacturers and sellers for the criminal misuse of their products by third parties. It aims to protect the industry from liability similar to that faced by other industries.

What is the 'predicate exception' in relation to PLCAA?

The 'predicate exception' allows lawsuits against firearm manufacturers or sellers if they knowingly violated a federal or state statute concerning the sale or marketing of firearms, and this violation directly led to the harm suffered. The judge in the Poway case invoked this exception.

Why did the judge allow victims to sue Smith & Wesson in the Poway shooting case?

The judge allowed the lawsuit by invoking the 'predicate exception' to PLCAA, arguing that Smith & Wesson may have violated laws through negligent marketing (e.g., to underage individuals) and by allegedly knowing their AR-15 style rifles could be easily modified to fire automatically.

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