Tom Gresham's GUNTALK: 9.6.15 - Part A

Published on September 14, 2015
Duration: 44:45

This segment discusses a lawsuit filed by the family of a victim from the Aurora, Colorado mass shooting against the store that sold the ammunition. The lawsuit was dismissed, and the judge ordered the family to pay the gun store's legal fees of $200,000. The discussion highlights the Protection of Lawful Commerce in Arms Act (PLCAA) and the principle that sellers cannot be held responsible for the illegal actions of third parties.

Quick Summary

The Protection of Lawful Commerce in Arms Act (PLCAA) prevents lawsuits against firearm sellers for the criminal actions of third parties. In a case related to the Aurora shooting, a family's lawsuit against an ammunition seller was dismissed, and they were ordered to pay $200,000 in legal fees, highlighting the financial risks of pursuing meritless claims.

Chapters

  1. 32:24Misled by Gun Ban Crowd & Lawsuits
  2. 36:35Aurora Victim's Family Lawsuit
  3. 37:00Law Center to Prevent Gun Violence
  4. 37:23Protection of Lawful Commerce in Arms Act (PLCAA)
  5. 37:33PLCAA: No Liability for Third-Party Actions
  6. 39:34Legal Fees & Consequences of Lawsuits
  7. 42:38Court's Role in Dismissing Cases
  8. 43:40Distinction: Defective Product vs. Third-Party Misuse

Frequently Asked Questions

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

PLCAA is a federal law enacted in 2005 that protects firearm manufacturers and sellers from being held liable for the criminal misuse of their products by third parties. It prevents lawsuits that attempt to blame sellers for crimes committed by others using legally purchased firearms or ammunition.

Can families sue gun stores for mass shooting incidents?

Generally, under PLCAA, families cannot successfully sue gun stores for mass shooting incidents if the store legally sold the firearm or ammunition and the product was not defective. Lawsuits attempting to do so often fail and can result in the plaintiffs being ordered to pay the defendant's legal fees.

What happened in the Aurora shooting lawsuit regarding legal fees?

In a lawsuit related to the Aurora, Colorado mass shooting, the family of a victim sued the ammunition seller. After the case was dismissed, the judge ordered the family to pay the gun store's legal fees, amounting to $200,000, due to the lawsuit's lack of merit and perceived political motivation.

What are the consequences of filing a frivolous lawsuit against a gun seller?

Filing a frivolous lawsuit against a gun seller, particularly one protected by PLCAA, can lead to the case being dismissed and the plaintiffs being ordered to pay the defendant's legal fees. This serves as a deterrent against using the legal system for political agendas rather than legitimate claims.

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