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
Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

Trump Reinforces Support for the Second Amendment During National AM250 Address

News  

Monday, July 13, 2026

Trump Reinforces Support for the Second Amendment During National AM250 Address

It may not need to be said, but we’ll keep saying it: Donald Trump is the most pro-Second Amendment president in the NRA’s history of protecting the right to keep and bear arms.  While the nation ...

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

News  

Monday, July 6, 2026

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

Virginia Governor Abigail Spanberger (D) and the General Assembly’s ruling anti-gun majority have delayed the enactment of one of their most controversial pieces of legislation, a severe restriction on Virginians’ ability to move about the ...

NRA Files Comments in Response to ATF’s Regulatory Reforms, Urges Participation!

News  

Monday, July 13, 2026

NRA Files Comments in Response to ATF’s Regulatory Reforms, Urges Participation!

Last week, NRA filed its first round of comments in response to ATF’s comprehensive regulatory overhaul. NRA’s latest input shows the Association’s efforts coming full circle.

As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

News  

Thursday, July 2, 2026

As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

The final week of June brought a flurry of legal action on various gun control laws in the states.

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Wednesday, July 1, 2026

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Today, the United States Supreme Court granted certiorari in two cases challenging bans on “assault weapons.”

NRA Files Lawsuit Challenging Illinois’s Waiting Period Requirement for Firearm Purchases

Wednesday, July 8, 2026

NRA Files Lawsuit Challenging Illinois’s Waiting Period Requirement for Firearm Purchases

The National Rifle Association filed a lawsuit challenging Illinois’s 72-hour waiting period requirement for firearm purchases.

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

News  

Thursday, July 2, 2026

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

We are not getting tired of heaping praise upon Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), as she continues to push the envelope when it comes ...

Make America Beautiful Again Progress Report Reinforces NRA’s Sporting Priorities

News  

Monday, July 13, 2026

Make America Beautiful Again Progress Report Reinforces NRA’s Sporting Priorities

In the continuing celebratory spirit of America’s 250th anniversary, the Trump administration released the 2026 Make America Beautiful Again (MABA) Midterm Report, a progress report  prepared by the MABA Commission to provide updates on conservation-related initiatives ...

NRA Files Amicus Brief Urging Sixth Circuit to Strike Down NFA Restrictions on Short-Barreled Rifles

Monday, July 13, 2026

NRA Files Amicus Brief Urging Sixth Circuit to Strike Down NFA Restrictions on Short-Barreled Rifles

Today, the National Rifle Association, joined by the Firearms Policy Coalition, Second Amendment Foundation, and American Suppressor Association, filed an amicus brief in United States v. Machamer, urging the U.S. Court of Appeals for 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.