The Thousand Papercuts They'll Use to Destroy the Gun Industry

Published on November 19, 2025
Duration: 10:42

This video explains how states are using "thousand paper cuts" to circumvent the Protection of Lawful Commerce in Arms Act (PLCAA). It details how violations of state laws, particularly public nuisance and false advertising statutes, can be used to sue firearm manufacturers and sellers, even for the actions of third parties. The discussion highlights the Gustoen v. Springfield case and Washington State's specific legislative approach, which defines nuisance broadly and establishes a per se proximate cause for violations.

Quick Summary

States are employing a "thousand papercuts" strategy to circumvent the Protection of Lawful Commerce in Arms Act (PLCAA) by expanding public nuisance and false advertising laws. These expanded statutes create grounds for lawsuits against firearm manufacturers and sellers, even for third-party actions, by alleging violations of state laws that fall under PLCAA exceptions.

Chapters

  1. 00:00Introduction: The "Thousand Papercuts" Strategy
  2. 00:13Gustoen v. Springfield Supreme Court Case
  3. 00:25Protection of Lawful Commerce in Arms Act (PLCAA)
  4. 01:41Gaping Holes in PLCAA for State Law Actions
  5. 02:08PLCAA Exceptions: Knowing Violation of State Law
  6. 02:33Two Requirements for PLCAA Exemption
  7. 03:08States Passing PLCAA Workaround Laws
  8. 03:36How States Expand Public Nuisance Statutes
  9. 04:00Washington State's Nuisance Statute (RCW 7.48.48)
  10. 04:31Definition of Nuisance in Washington Law
  11. 05:05Foreseeable Promotion of Illegal Products
  12. 05:26Third-Party Illegal Activity and Manufacturer Liability
  13. 05:46Per Se Proximate Cause in Washington State
  14. 06:17Attorney General Powers in Washington
  15. 06:49Understanding "Glock Switch" Suits and PLCAA
  16. 07:04Legal Workarounds to PLCAA Protections
  17. 07:28Advice for States Not Listed
  18. 07:42The True Intent Behind These Laws
  19. 07:55Resources: Gustoen Petition and WA Nuisance Law
  20. 08:11Contact Washington Gun Law
  21. 08:30Conclusion: Know the Law
  22. 08:49Sponsor Segment: Right to Bear Insurance

Frequently Asked Questions

What is the Protection of Lawful Commerce in Arms Act (PLCAA)?

The PLCAA is a federal law enacted to shield firearm manufacturers and sellers from civil liability lawsuits that are deemed frivolous. It aims to prevent the industry from being bankrupted by litigation, but it does contain specific exceptions that can allow for lawsuits under certain conditions.

How are states attempting to bypass PLCAA protections?

States are using "thousand papercuts" by expanding existing laws like public nuisance or false advertising statutes. These expanded laws create new grounds for lawsuits against the firearms industry, even for the actions of third parties, by alleging violations of state statutes that fall under PLCAA exceptions.

What is the significance of the Gustoen v. Springfield case?

The Gustoen v. Springfield case is before the U.S. Supreme Court and will determine if the PLCAA truly prevents lawsuits on a state level when there's an alleged violation of a state law, rather than just common law torts.

What are the two key elements required to prove an exemption from PLCAA protections?

To overcome PLCAA protections, plaintiffs must prove two things: first, a knowing violation of a federal or state statute applicable to the sale or marketing of the firearm product, and second, that this violation was the proximate cause of the injury for which relief is sought.

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