PLCAA & Gun Manufacturer's Immunity

Gun manufacturers in the United States enjoy broad civil immunities protecting them from liability involving the misdeeds of those who purchase their guns. Professor Jody Madeira, a gun law expert, explains the bounds and limits of the Protection of Lawful Commerce in Arms Act (PLCAA) and key cases involving lawsuits against gunmakers.

In an insightful discussion on TalksOnLaw, Professor Madeira, who teaches at Indiana Bloomington Maurer School of Law, delves into the intricacies of suing gun manufacturers and the civil immunity they enjoy. The PLCAA, enacted in 2005, was designed to shield gun manufacturers and dealers from certain types of lawsuits. This law came into being as a response to a wave of lawsuits in the 1990s, where cities like Philadelphia and Chicago alleged that firearms contributed to public nuisances and exorbitant law enforcement costs.

PLCAA prevents plaintiffs from bringing certain types of lawsuits against industry defendants, specifically those seeking damages for harm resulting from the criminal or unlawful misuse of firearms or ammunition by a third party. However, the act includes several exceptions, such as cases involving negligent entrustment or violations of state or federal statutes related to the sale or marketing of firearms.

One notable case discussed by Professor Madeira is the 2015 Badger Guns case in Milwaukee, Wisconsin. Here, Badger Guns was found liable for selling a firearm through a straw purchase, leading to the injury of police officers. Professor Madeira also explores the marketing practices of gun manufacturers, using the landmark Sandy Hook settlement as a key example. In this case, Remington Arms settled for $73 million after being accused of unethical marketing practices that allegedly influenced the shooter.

The conversation underscores the complexities of the PLCAA and its impact on both gun makers and those seeking compensation from those manufacturers. Jody Madeira is a professor of law at Maurer School of Law at Indiana University Bloomington