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
Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

News  

Monday, March 16, 2026

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

This month, Michigan’s judicial branch published the 2025 edition of its annual report on the state’s Extreme Risk Protection Order Act (red flag gun confiscation order statute). 

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

News  

Monday, March 16, 2026

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

More proof (as if any was needed) has emerged that the Canadian gun ban and confiscation is a massive administrative, practical and economic debacle.

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Monday, March 9, 2026

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

Colorado: "FFL-Killer" Bill in House Committee on Monday

Friday, March 13, 2026

Colorado: "FFL-Killer" Bill in House Committee on Monday

On Monday, March 16th, the House State, Civic, Military, & Veterans Affairs Committee will hold a hearing on Senate Bill 26-043, the FFL-Killer bill.

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

News  

Monday, March 9, 2026

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

Even as its formerly more liberty-loving neighbor, Virginia, goes down the tyrannical path of unconstitutional bans on firearms and magazines, residents of the nation’s capital last week gained a measure of relief from the District’s ...

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

Thursday, March 19, 2026

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

After Phil Murphy signed NJ’s Carry Killer bill (A.4769), in a complete rejection of the Supreme Court’s holding in Bruen, the Attorney General’s Office elected to voluntarily release data relating to the number of carry permit applications, including ...

Minnesota: Senate Judiciary Suppresses Opposition Testimony and Advances Gun Control Wish List

Monday, March 16, 2026

Minnesota: Senate Judiciary Suppresses Opposition Testimony and Advances Gun Control Wish List

On Friday, March 13th, the Senate Judiciary and Public Safety Committee held a hearing on the gun grabbers wish list, including semi-automatic bans, magazine capacity limits, and concealed carry restrictions. 

Kansas: Senate Vote on State-Level Suppressor Bill TODAY

Wednesday, March 18, 2026

Kansas: Senate Vote on State-Level Suppressor Bill TODAY

Today, March 18th, the Senate will hold a floor vote on the Senate substitute for House Bill 2501, removing suppressors and short barreled rifles from the controlled weapons list at the state level.

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.