Explore The NRA Universe Of Websites

APPEARS IN News

Corporate Lawyers Can’t Tell the Truth about Gun Laws

Friday, December 16, 2016

Corporate Lawyers Can’t Tell the Truth about Gun Laws

The newly formed anti-gun Firearms Accountability Counsel Task Force was featured in a National Public Radio interview with attorney Mike Schissel of Arnold & Porter, one of the big corporate law firms that has joined together with other firms to provide free legal services to anti-gun groups. Mr. Schissel openly bragged about the “collective talent and collective manpower” of his group and that “the brute force of the major law firms in this country” would use “novel and aggressive thinking … to put a full-court press on the gun lobby.”

This “novel and aggressive thinking” clearly does not involve telling the truth about the Protection of Lawful Commerce in Arms Act (PLCAA), since Mr. Schissel claimed “There's no other law – no other law at all – that shields consumer products from safety regulation.” He further alleged that “there are state laws that literally immunize a gun seller of any liability even if that gun seller knows he's selling a gun to a criminal.”

Unfortunately for Mr. Schissel, literally every part of his claim is untrue. The firearms industry is not the only industry to enjoy the type of protection the PLCAA affords, and it most certainly does not provide blanket immunity from lawsuits. Any honest lawyer would also understand that it is a federal crime to knowingly sell a firearm to a criminal.  There is no law which can immunize against this action in such cases.

The truth is that gun manufacturers have been found liable for defective firearms and gun dealers have been held both criminally and civilly liable for selling guns to prohibited persons. While spurious claims like the Connecticut suit against Remington Arms and the Brady Campaign’s lawsuit against Lucky Gunner were dismissed, Badger Arms was found liable for selling guns to an obvious straw purchaser – a case Brady Campaign attorneys were forced to leave after violating Wisconsin Supreme Court rules on pretrial publicity.

The truth about the PLCAA cannot be clearer.  It was passed after anti-gun activists partnered with big-firm plaintiffs’ lawyers, big-city mayors, and the Clinton administration to bring an avalanche of lawsuits against the firearm industry and force them to either settle or go bankrupt from legal fees. The PLCAA only prohibits lawsuits for injuries “resulting from the criminal or unlawful misuse” of firearms – the same way that car manufacturers and auto dealerships are not liable for injuries caused by drunk drivers.

Schissel’s other “novel and aggressive” strategy is to claim that state carry laws infringe on the rights of private property owners because they have to post “No Gun” signs to exclude people who are legally carrying a concealed firearm. Following this line of reasoning, business owners must be equally burdened by having to post signs to exclude other legal activity – like “No Smoking,” “No Pets,” and “No Shirt-No Shoes-No Service.” It is laughable to think that the effort to post these signs is so terrible and onerous that it can only be remedied by the courts.

In the final analysis, corporate law firms are giving away millions of dollars of free legal advice because they would recover many times that in legal fees if they could repeal the PLCAA. Indeed, Mr. Schissel and his law firm are already involved in a lawsuit against a firearm dealer – a lawsuit that has been made more complicated because of the PLCAA. This is not about reducing criminal violence or the public interest, but rather corporate lawyers who can’t tell the truth seeking new ways to wring money out of the court system.

TRENDING NOW
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

Argentina Continues to Move Towards Freedom

News  

Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

News  

Monday, November 24, 2025

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

In August, the Trump White House released an article titled, Yes, Chicago Has a Crime Problem — Just Ask its Residents, which pointedly noted that for “13 consecutive years, Chicago has had the most murders of ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Florida: Age Discrimination Bill Passes First Committee Hurdle

Wednesday, November 19, 2025

Florida: Age Discrimination Bill Passes First Committee Hurdle

Yesterday, the House Criminal Justice Subcommittee voted 11-5 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. HB 133 is expected to receive a hearing in the ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Congress Passes Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights

News  

Wednesday, November 12, 2025

Congress Passes Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights

On November 10th, 2025, the U.S. Senate passed on a legislative proposal to reopen the federal government. Included in this package was the Military Construction, Veterans Affairs, and Related Agencies bill. This legislation maintained a provision that ...

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Monday, November 24, 2025

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Today, the National Rifle Association and the Independence Institute filed an amicus brief in Wolford v. Lopez, a case before the U.S. Supreme Court challenging Hawaii’s law that forbids carrying on private property open to the ...

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.