Why you CAN’T sue gun companies! - The Legal Brief

Published on October 12, 2017
Duration: 10:12

This expert-level analysis by Adam Kraut details the Protection of Lawful Commerce in Arms Act (PLCAA), which shields firearms manufacturers and sellers from lawsuits related to the criminal misuse of their products. The video explains the act's history, congressional findings, and crucial exceptions, illustrating its application with case studies like Lucky Gunner and Slide Fire. It clarifies that PLCAA prevents liability for third-party criminal acts when products function as intended.

Quick Summary

The Protection of Lawful Commerce in Arms Act (PLCAA) shields gun companies from civil lawsuits when their products are criminally misused by third parties. Enacted in 2005, it prevents liability for harm caused by unlawful acts, unless specific exceptions like negligent entrustment or manufacturing defects apply.

Chapters

  1. 00:00Introduction to PLCAA
  2. 00:45History and Purpose of PLCAA
  3. 01:28Congressional Findings on Liability
  4. 02:34Legal Definitions in PLCAA
  5. 04:34Exceptions to PLCAA Immunity
  6. 07:05Case Study: Lucky Gunner Lawsuit
  7. 08:21Slide Fire and Las Vegas Shooting Analysis

Frequently Asked Questions

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

PLCAA is a federal law enacted in 2005 that shields firearms manufacturers, distributors, dealers, and importers from civil liability when their products are used unlawfully by third parties. It prevents lawsuits for harm caused by the criminal misuse of firearms that function as intended.

Under what circumstances can a gun company be sued despite PLCAA?

PLCAA has six exceptions allowing lawsuits. These include cases involving criminal transfer convictions, negligent entrustment, knowing violations of statutes, breach of contract or warranty, design or manufacturing defects that directly cause injury, and enforcement actions by the Attorney General.

How does PLCAA apply to lawsuits against ammunition sellers like Lucky Gunner?

In the Lucky Gunner case, the court found that purchasing a large volume of ammunition did not constitute negligent entrustment. PLCAA generally protects sellers from liability for criminal misuse unless specific exceptions, like negligent entrustment based on more direct evidence, are met.

Does PLCAA protect manufacturers of firearm accessories like bump stocks?

Yes, manufacturers of firearm components, such as Slide Fire for their bump stocks, are generally protected by PLCAA. As long as they are licensed and the product functions as intended, they are shielded from liability for criminal misuse by third parties.

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