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
En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

Friday, July 17, 2026

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

Tuesday, July 21, 2026

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

On July 15, Governor Kelly Ayotte signed two pro-gun bills into law. 

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

News  

Tuesday, July 21, 2026

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

Since the U.S. Congress enacted the Firearm Owners’ Protection Act of 1986, an American has enjoyed the right to travel with firearms “from any place where he may lawfully possess and carry such firearm to ...

“Property Rights” Critique of Wolford Misleads on Facts and Law

News  

Tuesday, July 21, 2026

“Property Rights” Critique of Wolford Misleads on Facts and Law

On June 25, the U.S. Supreme Court decided Wolford v. Lopez. The case involved a Hawaii law that presumptively banned carry permit holders from carrying their arms onto publicly accessible private property, unless the carrier ...

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

News  

Tuesday, July 21, 2026

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

National Right-to-Carry Reciprocity has been a popular topic lately.  President Donald Trump brought it up during an appearance at a Mack Trucks facility in Macungie, Pa., on June 23, proclaiming, “National Right-to-Carry, we’re working on it.” 

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

News  

Thursday, July 16, 2026

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

On July 16, 2026, Representatives Rudy Yakym (R-IN-02) and Pat Fallon (R-TX-04) introduced H.R. 9719, the Federal Lands Lawful Carry Act. This legislation would clarify that law-abiding Americans can carry firearms on federal land and ...

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

Friday, July 24, 2026

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

The National Rifle Association joined the Second Amendment Foundation, Maryland Shall Issue, California Rifle & Pistol Association, Minnesota Gun Owners Caucus, Second Amendment Law Center, Citizens Committee for the Right to Keep and Bear Arms, ...

U.S. House Passes Legislation to Block Credit Card Gun Registry

News  

Tuesday, July 14, 2026

U.S. House Passes Legislation to Block Credit Card Gun Registry

On July 14, 2026, the U.S. House passed H.R. 1181, the Protecting Privacy in Purchases Act. This important legislation, sponsored by Representative Riley Moore (R-WV-02), would prohibit credit card companies from tracking the purchases of ...

Maine: NRA Puts the State on Notice of Intent to Sue over Conservation Funding Deficiencies

Thursday, July 23, 2026

Maine: NRA Puts the State on Notice of Intent to Sue over Conservation Funding Deficiencies

The NRA, along with our partners including the Sportsman’s Alliance of Maine and Safari Club International have put the State of Maine on notice that, on behalf of all of our members, the Association intends ...

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 ...

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.