Explore The NRA Universe Of Websites

Judge Slams Brady Campaign for Frivolous Lawsuit that Costs Plaintiffs Over $200K

Friday, June 26, 2015

Judge Slams Brady Campaign for Frivolous Lawsuit that Costs Plaintiffs Over $200K

NRA priority legislation provides the foundation for Lucky Gunner Win

Sometimes victory is years in the making.  A recent court victory, however, reminds all of us how important the NRA-ILA's legislative victories can be, even many years or decades down the road.  Our hat is off to all the NRA members who answered the call to action while we waged a seven year pitched battle to protect firearm manufacturers and dealers against frivolous lawsuits for the criminal misuse of firearms and ammunition.  Your calls, emails, and letters from so many years ago were answered in the affirmative earlier this week.  

NRA supporters will remember that on October 26, 2005, President George W. Bush signed into law S. 397, NRA-ILA's priority legislation known as the "Protection of Lawful Commerce in Arms Act" (PLCAA). This legislation was meant to protect the firearm industry from a coordinated campaign of antigun lawsuits claiming gun manufacturers and dealers were responsible for the criminal acts of third parties who were unknown to them and totally beyond their control.   

As legal theories go, these lawsuits were as ridiculous and unavailing as they come, but that wasn’t the point. Rather, the object was to force industry members either to go broke fighting similar suits all over the country or to coerce them into settlements by which they would "voluntarily" adopt policies the gun prohibition lobby had been unsuccessfully pushing in legislatures. To halt this abuse of the legal system, Congress enacted the PLCAA.  This law states that lawsuits may not be brought against lawful manufacturers and sellers of firearms or ammunition if the suits are based on the unlawful use of the product by a third party.  NRA considered this issue such a priority that we also pushed through similar protections in a majority of the states.   

For the most part, these laws have worked as intended. Yet the Brady Campaign, enjoying the recent influx of cash into antigun causes by megabucks donors, has in the last few years resurrected the strike suit tactics, apparently hoping the passage of time and outrage over the acts of a handful of high profile criminals will change their luck. Among their latest targets are businesses who advertise or sell products online, not coincidentally the same type of businesses in the crosshairs of Barack Obama's failed gun control push of 2013. While Brady’s efforts have resulted in repeated failure from a legal standpoint (see here, here, and here, for example), they seem content to use these tactics as a vehicle to spread their propaganda, attempt to smear members of industry, and maybe hit pay dirt with an activist like-minded judge.

Lucky Gunner to Donate to Second Amendment group with the most votes.

Lucky Gunner, one of the main plaintiffs in the suit, has announced that it will be donating 100% of what is recovered to groups that support and defend the 2nd Amendment by allowing website visitors to vote on which groups get the proceeds from their recovery.

Click Here and Vote for "National Rifle Association - ILA (Lobbying Arm)"

Yet the efforts are not without cost, and not just to the innocent business persons dragged into court. Besides trifling with the legal system, they exploit people whose lives have been touched by crime and who may or may not understand Brady's larger agenda or the limitations of its legal theories. Now, a Brady-backed suit has resulted in a judgment of over $200,000 against the parents of a victim who was killed in the movie theatre attack in Aurora, Colorado, in July 2012.  

The suit was brought against online merchants who sold the perpetrator various items he used in his crime. To get around the PLCAA, the plaintiffs claimed that law was unconstitutional or that its various exceptions applied to their case. 

In a concise 19-page opinion dismissing the lawsuit, the court repeatedly cited precedent that directly contradicted the suit's claims. Ultimately, the court simply refused the plaintiffs' request to rewrite settled law to their liking. "To grant such relief this court must conduct hearings and make policy decisions that are within the authority of the political branches of government responsive to the people under our constitutional structure of representative government," Judge Richard P. Matsch wrote. "The defendants' motions to dismiss must be granted because this court does not have the authority to grant the relief requested."

The court was even more direct in an opinion released last week awarding the defendants defense costs and attorneys' fees. "It is apparent that this case was filed to pursue the political purposes of the Brady Center," Judge Matsch stated, "and, given the failure to present any cognizable legal claim, bringing these defendants into the Colorado court where the prosecution of James Holmes was proceeding appears to be more of an opportunity to propagandize the public and stigmatize the defendants than to obtain a court order which counsel should have known would be outside the authority of this court."

When all was said and done, the plaintiffs were ordered to pay the various defendants a total of $203,001.86. Just who will ultimately foot the bill is unknown, but Judge Matsch also noted the close relationship of the named plaintiffs to the Brady Campaign itself. Brady, having exploited the plaintiffs’ tragic circumstances for the group’s own political agenda, hopefully won’t leave the plaintiffs on the financial hook as well. Predictably, the fee award is being appealed.

In the meantime, Lucky Gunner, one of the main defendants in the suit, has announced that it will be donating "100% of what is recovered to groups that support and defend the 2nd Amendment" by allowing website visitors to vote on which groups get the proceeds from their recovery.  We can hope that these funds, when awarded by Lucky Gunner, go to the groups (and their members) who made a difference in getting the protections against such frivolous suits in place.   If you would like to vote for NRA’s Institute for Legislative Action, you may do so here.

We'll give Lucky gunner the last word, as their statement announcing the decision says all that needs to be said about Brady’s ongoing campaign of abusive lawsuits.   

"Thank you for your continued support and interest in protecting 2nd Amendment rights. As we were very recently reminded, these rights are under constant assault and the stakes are high."

 

TRENDING NOW
San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

News  

Monday, October 26, 2026

San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

Some arguments succeed by being true. Some attempt to succeed by confusing the debate and substituting misdirection for clarity. And some attempt to succeed merely by dogged persistence, refusing to die or go away, no ...

New York:  Gov. Hochul Signs More Gun Control This Week

Thursday, October 22, 2026

New York: Gov. Hochul Signs More Gun Control This Week

Gov. Kathy Hochul remains the scariest thing in Albany for law-abiding gun owners.  On Wednesday, October 21 the anti-gun governor of the Empire State signed a pair of gun bills into law.  We've knocked on ...

Different Election, Same Billionaire, Same Gun Control Agenda

News  

Monday, October 26, 2026

Different Election, Same Billionaire, Same Gun Control Agenda

Another election, same former New York City mayor Michael Bloomberg working to shape the nation’s gun laws. For years, NRA has exposed Bloomberg’s relentless efforts to export New York style gun restrictions to the rest ...

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

Friday, October 23, 2026

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

The U.S. Court of Appeals for the Fifth Circuit has ruled that the federal Switchblade Act’s restrictions on the interstate commerce of switchblade knives violate the Second Amendment.

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

News  

Monday, October 26, 2026

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

It’s well established that certain offenders remain disproportionately responsible for violent crime. A 2001 report on such “chronic offenders” in Minnesota concluded that over a four-year period, just five percent of offenders were responsible for ...

NRA Files Amicus Brief Urging Ninth Circuit to Rehear Challenge to California’s Gun Store Surveillance Law En Banc

Friday, October 23, 2026

NRA Files Amicus Brief Urging Ninth Circuit to Rehear Challenge to California’s Gun Store Surveillance Law En Banc

The National Rifle Association of America, along with the America First Policy Institute and Knox Williams, founder of the American Suppressor Association, filed an amicus brief urging the U.S. Court of Appeals for the Ninth ...

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

Wednesday, October 21, 2026

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

The National Rifle Association and Second Amendment Foundation filed an amicus brief in United States v. Cordova, a case before the en banc Fifth Circuit Court of Appeals involving a challenge to the federal lifetime ...

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Grassroots Spotlight: NRA Leadership and Grassroots Advocates Unite at the “ASRPA Education & Training Dinner”

Take Action  

Monday, October 26, 2026

Grassroots Spotlight: NRA Leadership and Grassroots Advocates Unite at the “ASRPA Education & Training Dinner”

NRA-ILA Grassroots Field Coordinator Darius Diggs recently attended the Arizona State Rifle and Pistol Association's (ASRPA) Annual “Education & Training Dinner”, alongside FrontLines Activist Leader (FAL) Doug Stead and NRA Board Members Jacqueline Janes, Jeff ...

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

News  

Monday, October 19, 2026

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

More than half a century ago, Stanley Kubrick’s film, 2001: A Space Odyssey, introduced the world to HAL-9000, a sentient “supercomputer” with advanced artificial intelligence (AI) processing. When HAL, responsible for running the spacecraft, decides ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.