Explore The NRA Universe Of Websites

APPEARS IN News

Kansas Supreme Court Enforces PLCAA in High Profile Case

Monday, May 5, 2025

Kansas Supreme Court Enforces PLCAA in High Profile Case

Last week, the Kansas Supreme Court upheld a significant district court dismissal in Johnson v. Bass Pro Outdoor World, LLC, deciding that Bass Pro Outdoor World and Beretta USA/Beretta Italy cannot be sued by a man who was accidentally shot. The court cited the Protection of Lawful Commerce in Arms Act (PLCAA), a federal law that protects firearm manufacturers and dealers when products are misused in a crime and concluded neither can be held responsible for the incident.

In an unfortunate set of events in 2018, a former college football player purchased a Beretta handgun from a Kansas Bass Pro Shops location. According to court documents, while attempting to disassemble the firearm to show it to a teammate, he mistakenly believed the firearm was clear and would not fire if the magazine was removed. In further error, he also believed that the trigger had to be pulled before disassembly. These detrimental and erroneous assumptions subsequently led to his teammate, seated next to him, being shot in the leg, resulting in an injury requiring amputation.

The injured teammate subsequently filed a product liability lawsuit claiming the handgun lacked essential safety features that would have prevented a discharge and that both Beretta and Bass Pro Shops ultimately bore responsibility. The lawsuit also pointed to the man’s lack of knowledge on the firearm’s operation despite various directions and signed paperwork directing the purchaser to further training and education, as well as the Beretta’s frame being stamped with the message, “FIRES WITHOUT MAGAZINE.”

When the case reached the Kansas Supreme Court on appeal, the justices unanimously agreed with the district court that Bass Pro and Beretta are immune from the lawsuit because of the PLCAA’s protections. The analysis hinged on whether the lawsuit is considered a qualified civil liability action, per 15 U.S.C. § 7903(5)(A)(v). A qualified civil liability action is any civil action seeking damages resulting from criminal or unlawful use of a firearm. PLCAA bars product liability actions if the firearm discharge was caused by a volitional act and the shooting constituted a crime.

The court held that the PLCAA does, in fact, provide immunity for the firearm sellers and manufacturer in this case due to the commission of a volitional act, as well as this shooting constituting a crime. Even though there was no intention to fire the gun, the man deliberately pulled the trigger, a volitional act. Further, because he did so while stopped at a traffic light, it violated a Kansas strict liability law against discharging a gun on a public road, making it a criminal act, the ruling said.

The Protection of Lawful Commerce in Arms Act, signed into law by President Bush in 2005, continues to serve a critical role in reinforcing the well-established legal principle that companies lawfully conducting business cannot be held responsible for crimes they didn’t commit.  Unfortunately, anti-gun activists continue to pursue lawsuits meant to sue the firearm industry into oblivion or to force “settlements” that include judicially imposed gun control.

NRA-ILA regularly reports on these abuses, for example, here,  here, and here.  We also remain committed to the important work of reinforcing the PLCAA at the federal and state levels, as well as advocating to ensure the law’s intent is upheld by the courts.

Beginning with the dubious decision in Soto v. Bushmaster, which provided the backdrop to Remington Arms’ bankruptcy, gun control activists have renewed their efforts to infringe all Americans’ Second Amendment rights by targeting the industries that serve them. It is therefore especially encouraging to see the Kansas Supreme Court embrace the commonsense notion, embodied in the PLCAA, that responsibility for Johnson’s lamentable injuries lies not with the companies that lawfully imported and sold the gun but with the man who intentionally pulled the gun’s trigger while the muzzle was pointed at Johnson. 

TRENDING NOW
ATF Announces New Director, Historic Regulatory Overhaul

News  

Thursday, April 30, 2026

ATF Announces New Director, Historic Regulatory Overhaul

April 29 was a big day for Second Amendment supporters in Washington, D.C., as ATF announced the confirmation of a new director, Robert Cekada, and rolled out perhaps the biggest one-day regulatory overhaul in the agency’s ...

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

News  

Tuesday, April 28, 2026

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

As your NRA-ILA has reported over the last several weeks, the Democrat-controlled Virginia General Assembly and Governor Abigail Spanberger (D) have, between them, approved a sweeping array of radical gun control bills aimed, as NRA’s John Commerford says, ...

Federal Bill Passes Off National Firearm Prohibition Agenda As “Virginia Model”

News  

Tuesday, April 28, 2026

Federal Bill Passes Off National Firearm Prohibition Agenda As “Virginia Model”

Virginia has recently been featured in a lot of headlines about gun control, for all the wrong reasons. A number of them have mentioned a federal gun control bill pending in the U.S. Senate, sponsored ...

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

Michigan: Crippling Firearm Dealer Licensing Bill Hearing Tomorrow

Monday, April 27, 2026

Michigan: Crippling Firearm Dealer Licensing Bill Hearing Tomorrow

On Tuesday April 28, the Senate Judiciary Committee, will be hearing Senate Bills 853 & 854,  creating a burdensome and costly state licensing and training system for firearm dealers in addition to restricting consumer access to ...

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

News  

Monday, April 20, 2026

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

Anti-gun lawmakers in the Empire State are running out of things to ban.

Connecticut: Firearms Restrictions Pass Connecticut House Despite Bipartisan Opposition

Saturday, April 25, 2026

Connecticut: Firearms Restrictions Pass Connecticut House Despite Bipartisan Opposition

This week, the Connecticut House voted to advance Governor Lamont's H5043 - a proposal banning the future manufacture, sale, and importation of many commonly owned handguns in Connecticut.

Wednesday, April 29, 2026

Indiana: Governor Signs Legislation to Protect Shooting Ranges and Gun Stores

Today, Governor Holcomb signed SB 176 into law.

Minnesota: Gun Control Wish List Policies Moved to New Bill

Friday, May 1, 2026

Minnesota: Gun Control Wish List Policies Moved to New Bill

It would seem that gun control radicals in the Minnesota legislature cannot decide on what bill to put their gun control package in, and have again moved them to another bill. 

Virginia: Legislature Acts on Gun Bills; Ball Back in Spanberger's Court

Wednesday, April 22, 2026

Virginia: Legislature Acts on Gun Bills; Ball Back in Spanberger's Court

Today, April 22nd, during the General Assembly's reconvened session, the House and Senate passed by Governor Spanberger's amendments on SB749/HB217 and SB173/HB229. 

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.