Firearms Litigation: A Practitioner’s Guide to PLCAA and Beyond

Last Updated 10/28/2024

This is a guide for litigators seeking to bring civil litigation against reckless and irresponsible members of the firearm industry that engage in wrongful conduct. It focuses on the Protection of Lawful Commerce in Arms Act (“PLCAA”), a federal law that shields members of the firearms industry from liability in certain situations, but which also contains a number of important limitations and exceptions that allow many types of lawsuits to proceed. The guide also covers non-PLCAA topics that arise regularly in civil litigation with the firearms industry, including a basic overview of retail firearms sales. The aim of this guide is to provide practitioners with information that will help them develop successful strategies for holding reckless and irresponsible members of the gun industry accountable for their actions.

The guide can be accessed through this website and can also be downloaded in full here.

Table of Contents

• I. Introduction

• II. Types of Firearms Litigation

• III. Is Your Lawsuit a Qualified Civil Liability Action?

• IV. Predicate Exception

• V. Negligence Per Se Exception

• VI. Negligent Entrustment Exception

• VII. Product Defect Exception

• VIII. Other Exceptions

• IX. Special Topic: Basics of a Gun Sale

• X. Special Topic: Removal to Federal Court

• XI. Special Topic: State Industry Protection Laws

• XII. Special Topic: Legislative History

• XIII. Appendix: Annotated Text of PLCAA

Disclaimer: Neither the dissemination nor the use of this Guide gives rise to any attorney-client relationship. An attorney-client relationship with Everytown Law may only be formed by entering into a written engagement letter. This Guide is not intended to constitute and does not provide legal advice; individuals seeking legal advice or assistance should consult with their own counsel. Nothing in this Guide is or is intended to be an admission or concession with respect to any legal issues discussed. The Guide has been written and is intended only as an educational tool to assist legal practitioners engaged in gun violence prevention litigation. This publication is not intended to be a comprehensive discussion of all the case law and other legal authority in this area of the law, and there may be subsequent developments that are directly relevant to the issues discussed herein; as a result, use of this publication is no substitute for the reader undertaking their own legal research and analysis of applicable authorities.

© 2024 Everytown for Gun Safety Support Fund