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

Published on October 12, 2017
Duration: 10:12

This video, presented by attorney Adam Kraut, provides an expert-level overview of the Protection of Lawful Commerce in Arms Act (PLCAA). It details how PLCAA shields firearms manufacturers and sellers from lawsuits related to the criminal misuse of their products by third parties. The discussion includes the act's history, purpose, key definitions, and the specific exceptions under which legal action against the industry can proceed, citing relevant case examples.

Quick Summary

The Protection of Lawful Commerce in Arms Act (PLCAA) shields firearms manufacturers and sellers from civil liability when their products are criminally misused by third parties. Lawsuits are generally barred unless specific exceptions apply, such as negligent entrustment, knowing statutory violations, or design defects causing injury. This act prevents holding the industry liable for criminal actions of others.

Chapters

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

Frequently Asked Questions

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

The Protection of Lawful Commerce in Arms Act (PLCAA) is a federal law enacted in 2005 that shields firearms manufacturers, distributors, and sellers from civil liability lawsuits when their products are used unlawfully by third parties. It aims to prevent frivolous lawsuits against the industry for criminal misuse of firearms.

Under what circumstances can you sue a gun company despite PLCAA?

PLCAA provides immunity, but there are six exceptions. These include lawsuits stemming from 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 State Attorneys General.

What is 'negligent entrustment' in the context of firearms lawsuits?

Negligent entrustment refers to a legal claim where a seller or manufacturer is accused of providing a firearm to someone they knew or should have known was likely to use it in a dangerous or illegal manner. Simply selling a firearm or ammunition, even in volume, is generally not sufficient to prove negligent entrustment under PLCAA.

How does PLCAA affect lawsuits related to mass shootings?

PLCAA significantly limits lawsuits against gun companies following mass shootings. Unless one of the six exceptions is met, manufacturers and sellers are protected from liability, even if their products are used in such tragic events. Cases like the Aurora shooting and the Las Vegas shooting illustrate this legal shield.

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