Latest news with #PLCAA
Yahoo
20-05-2025
- Yahoo
Families of victims in mass shooting at Louisville bank may sue gun seller, judge rules
People bow their heads in prayer during a community vigil mourning the victims of a mass shooting at a Louisville bank, April 12, 2023, at the Muhammad Ali Center plaza in Louisville. (Kentucky Lantern photo by Abbey Cutrer) Families of victims of a mass shooting at a Louisville bank in 2023 may proceed with their lawsuit against a firearms dealer who sold the shooter a semi-automatic rifle and accessories, a judge in Louisville has ruled. Jefferson Circuit Judge Mitch Perry in a Monday order denied attempts by defendants to dismiss the case, writing that the case arose 'from one of the worst acts of mass violence this community has ever experienced.' 'The court is required to take the allegations in the complaint as true and view the record in the light most favorable to the plaintiffs. That is what this court has done here,' Perry wrote in his order. 'As such, the litigation may continue in the ordinary course.' Six people died, including the shooter, and eight people were injured in April 2023 at Old National Bank in downtown Louisville. The shooter was an employee of the bank. One of the eight people injured, Louisville police officer Nickolas Wilt, was shot in the head while responding to the shooting. Wilt left a rehabilitation facility months later as he was recovering from his injury. Families of the victims brought a lawsuit in early 2024 against River City Firearms, the gun store that sold the shooter an AR-15, and against companies that manufactured accessories sold to the shooter at the store which included large-capacity magazines, a red-dot sight and a vertical grip for the rifle. Plaintiffs alleged employees of the firearms store should have noticed suspicious and erratic behavior of the shooter, who bought the weapon days before the shooting. The plaintiffs further alleged the manufacturers of the firearm accessories incentivize gun stores to upsell customers in a way 'that places profits over safety.' Defendants had argued the lawsuit should have been dismissed because a federal law bars the plaintiffs claims from being heard. Congress has enacted the Protection of Lawful Commerce in Arms Act (PLCAA), which protects firearms manufacturers from being held liable for crimes committed with their products. Perry disagreed with those arguments in his order. 'The plaintiffs here have carefully crafted their complaint to avoid the protections of the PLCAA,' Perry wrote. Requests for comment sent to counsel representing plaintiffs and counsel representing RSR Group, one of the defendants, was not immediately returned Tuesday afternoon.
Yahoo
13-05-2025
- Business
- Yahoo
NSSF Praises Montana Gov. Gianforte for Signing Firearm Industry Protections into Law
WASHINGTON, May 13, 2025 /PRNewswire/ -- Montana's Gov. Greg Gianforte is giving firearm industry members more reason to consider the Big Sky State as a home from which to do business. Gov. Gianforte just signed legislation revising the state's public nuisance law and adding protections to keep gun control activists from enacting "lawfare" against firearm and ammunition businesses. Gov. Gianforte signed HB 791 into law on May 8. The law clarifies that the design, manufacturing, selling, labelling or marketing of firearms, firearm accessories or ammunition or its components, are not considered a public nuisance. Additionally, state law preempts local municipal laws and ordinances from overriding state law. Gov. Gianforte's signature on this law will prevent the attempts to skirt the Protection of Lawful Commerce in Arms Act (PLCAA) that has been witnessed in other states. "Governor Gianforte, and Montana's lawmakers, are sending a clear message that gun control lawfare targeted against our industry, which is critical to Montana's economy and the nation's heritage of Second Amendment freedoms, will not be tolerated," said Nephi Cole, NSSF Director of Government Relations – State Affairs. "The firearm industry is grateful for state Representative Anthony Nicastro for shepherding this bill through the legislature and for Governor Gianforte's leadership in signing this important protection into law." Gov. Gianforte has a proven track record of protecting Montana's firearm and ammunition industry. He is a regular SHOT Show® attendee and participant in NSSF's Governors' Forum. Gov. Gianforte recently posted a call to Colorado firearm and ammunition businesses to consider Montana for a new place to do business following Colorado Gov. Jared. Polis signing SB3, a law the bans the bans the manufacturing, distributing, transferring, selling or purchasing of Modern Sporting Rifles (MSRs), unless a gun purchaser first options a permit-to-purchase the rifle. Recent years have brought big moves – and big economic returns – to Montana with Gov. Gianforte playing an active role. Ultimate Defense Technologies moved from Arizona to Billings, Montana after meeting Gov. Gianforte at SHOT Show 2023 and opened their new firearm safety systems solutions headquarters in September 2024. Olympus Arms celebrated production expansion in Helena, Montana after the company announced an investment of $50 million with plans to add jobs for 60 employees. Brixtel Defense, an ammunition manufacturer, announced their relocation from Virginia to Dawson County in Montana, adding a $125 million investment in and bringing 125 jobs, with plans for a total of 350 jobs. Alpha Loading Systems, an ammunition loading and primer machinery manufacturer, announced in 2023 it was expanding its footprint in western Montana and tripling its workforce. Shield Arms announced an expansion and move into a new $5 million 36,000 square foot headquarters and manufacturing facility in Bigfork that will also bring 30 new jobs to its existing 40 employee footprint. About NSSFNSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearms retailers, shooting ranges, sportsmen's organizations and publishers nationwide. For more information, visit View original content to download multimedia: SOURCE NATIONAL SHOOTING SPORTS FOUNDATION Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
Yahoo
06-05-2025
- Yahoo
A gun & a life changed: Car salesman speaks out after being shot by former customer
KANSAS CITY, Mo. — A Liberty car salesman is fighting for justice – and accountability – after he was shot by a man he sold a car to. Jody Hendrick was working at an Independence car lot when a former customer walked in and shot him repeatedly. 'He shot me here in the chest; I remember that part,' Hendrick said. 'After that, I don't remember anything until my femur shattered and I went down by the front door.' Hendrick had to undergo multiple life-saving surgeries, which impacted his mobility. 'The last shot was when he stood over me and shot me in the forehead with a gun, and that caused a brain bleed.' KC firefighter's death highlights rise in violence against health care workers nationwide As for the shooter, and former customer, he was killed by deputies in the subsequent gun fight. Now, five years later, Hendricks says his injuries have left him unable to work. So he filed a lawsuit in a Missouri court. It turns out, the shooter stole the gun from a local sporting goods store, Academy Sports and Outdoors, in Liberty. So Hendrick sued the retail chain – only to find his chances of winning in court blocked, again and again, by a federal law. 'They're hiding behind a law,' Hendrick said. 'And that leaves me, who's permanently disabled for the rest of my life, out in the cold.' The store where the gun was stolen from caught the whole thing on camera. You can see the suspect talking with a store clerk who hands him the gun to look at. The clerk then goes in the back to run his information, and it comes back 'denied.' That's when the suspect pulls out a knife, leaps over the counter, and steals the gun and some ammo. Hendrick said the store needs to be held accountable. His lawsuit claims the store was negligent for handing over the gun before the customer's background check was completed. He also claims the gun didn't have a trigger lock and says the ammo for it was easily accessible. But his case was dismissed in the lower court then upheld in favor of Academy Sports again and again – until reaching the Missouri Supreme court, which declined to hear it. The problem, according to Hendrick, is a federal law: the Protection of Lawful Commerce in Arms Act (PLCAA). Timothy Lytton, a law professor at Georgia State University, says the act was a statement by Congress. 'PLCAA essentially says that no person can bring a lawsuit for civil liability against a firearms manufacturer or seller for any injury that results from criminal misuse of a weapon,' Lytton said. Congress passed the act in 2005 – after several lawsuits were filed against firearms sellers and manufacturers, holding them liable for injuries caused by criminals who got ahold of their weapons. Lytton says it's a type of immunity specifically for the gun industry. 'In no other system or no other instance do we have a case where an industry enjoys immunity without any alternative source of compensation for civil liability for its negligence in the sale or marketing its products,' Lytton said. Attorney Kevin Jamison says the act was intended to protect businesses within the gun industry. 'Otherwise everyone who is shot by a criminal could sue the manufacturer, and that would drive the manufacturers out of business,' he said. 'And that's what the Protection Act was designed to prevent.' There are a few exceptions to the protections provided by the PLCAA – one being if the sale of the weapon violated on of the other federal or state laws about the marketing or sale of guns. However, Jamison says it's his opinion that the fact the gun was stolen breaks the chain of responsibility. 'There were intervening criminal acts that preceded the gentleman's injury,' he said. 'It's a terrible thing, but there are terrible people in the world.' To this day, Hendrick says his court battle was less about justice and more about accountability. 'We need to start looking at the process of how these weapons are stored at these facilities and how they're handled,' Hendrick told FOX4. 'If somebody is a convicted felon, they shouldn't be handed a firearm.' As a gun owner himself, his goal now is encouraging others to be more cautious. See the latest headlines in Kansas City and across Kansas, Missouri Since Hendrick won't get his day in court, he said he's now focusing on being grateful that he's still alive. FOX4 reached out to the sporting goods store, but we have not received a response from either its national headquarters or the local store where the theft took place. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
26-04-2025
- Yahoo
Bass Pro, Beretta not liable in shooting
WICHITA, Kan. (KSNW/KSNT) — The Kansas Supreme Court has ruled that Bass Pro Outdoor World and Beretta USA cannot be sued by a man who was accidentally shot. Marquise Johnson was on the Emporia State University football team when the shooting happened in 2018. According to court records, Johnson lost his leg after one of his teammates shot him. The teammate thought the gun was empty because he had removed the magazine, but there was still a bullet inside. Johnson's lawyer said the gun lacked multiple safety features that would've prevented the shooting. He sued Beretta and Bass Pro Shops for compensation. Man arrested in Russell County murder The teammate had purchased a Beretta APX 9mm semiautomatic handgun from Bass Pro Shops and signed a document at the store acknowledging that he had read the 10 Commandments of Safe Gun Handling. According to court documents, the gun's frame was stamped with the message, 'FIRES WITHOUT MAGAZINE.' Several months after getting the gun, the teammate was driving some teammates home from a team dinner. He pulled the gun from under the driver's seat, removed the magazine, and let Johnson look at it. Johnson asked if he knew how to disassemble it. The court documents say the teammate said he could take it 'apart in '2.2 seconds' and proceeded to demonstrate while the gun was pointed at Johnson.' The teammate thought he needed to pull the trigger to remove the slide, and that the gun would not fire without the magazine. There was a live round in the chamber, and when he pulled the trigger, it hit Johnson's leg. The teammate drove Johnson to the hospital, and Johnson eventually had to have his leg amputated above the knee. There were no arrests or charges in the case. Johnson's lawsuit was first heard in Lyon County District Court. The judge ruled in favor of Bass Pro Outdoor World and Beretta USA, agreeing that they are immune from the product liability claim under the Protection of Lawful Commerce in Arms Act (PLCAA). PLCAA is a federal law that bars lawsuits against firearm manufacturers and sellers when someone unlawfully misuses their products. When Johnson appealed, the Kansas Court of Appeals reversed the district court's judgment. The case then reached the Kansas Supreme Court, where, on Friday, the justices unanimously agreed with the district court that Bass Pro and Beretta are immune from Johnson's lawsuit because of PLCAA. Justice K.J. Wall wrote that PLCAA allows product liability claims to proceed unless 'the discharge of the [gun] was caused by a volitional act that constituted a criminal offense.' He said two things happened that protected Bass Pro and Beretta from the lawsuit. First, while the teammate did not intend to fire the gun, he did pull the trigger while attempting to disassemble the gun. Secondly, Wall said that discharging a gun while on a public road is a crime in Kansas. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
25-04-2025
- Yahoo
Kansas Supreme Court affirms product liability immunity of gun maker, seller in civil suit
The Kansas Supreme Court issued an opinion Friday that affirmed summary judgment granted by a Lyon County District Court judge against a lawsuit filed by a one-time Emporia State University football player shot by a teammate in 2018. The suit contended gun manufacturer Beretta and gun retailer Bass Pro Shop should have marketed a firearm with safety features sufficient to prevent his injury. (Sherman Smith/Kansas Reflector) TOPEKA — The Kansas Supreme Court agreed Friday with a district court decision tossing a lawsuit filed by a former Emporia State University football player shot by a teammate who mistakenly believed that disassembling his newly purchased handgun required pulling the trigger. In 2018, Andre Lewis bought a Beretta APX 9mm handgun at Bass Pro Outdoor World in Olathe. While idling his Dodge Charger at a downtown Emporia stoplight several months later, Lewis decided to show his front-seat passenger, Marquise Johnson, that he knew how to take the gun apart. Court records show Lewis was convinced the gun wouldn't fire with the magazine removed and that the trigger had to be pulled before disassembly the weapon. Lewis was wrong on both counts, and the bullet that had been in the chamber struck Johnson in his left leg. The wound resulted in amputation of the limb below the knee. Johnson's attorneys filed a product liability lawsuit against gun manufacturer Beretta and retailer Bass Pro Shops. The suit alleged Bass Pro sold and Beretta manufactured a defective and unreasonably dangerous handgun. 'Unintentional shootings like Marquise Johnson's are preventable,' said plaintiff's attorney Jonathan Lowy. 'Like any other product, guns can and should be made as safe as possible to make injuries less likely.' The District Court in Lyons County granted summary judgment in favor of the firearm maker and seller based on a reading of the federal Protection of Lawful Commerce in Arms Act. The PLCAA forbids lawsuits against manufacturers or sellers when a person criminally or unlawfully misused a firearm. This federal immunity designed to shield the gun industry wouldn't hold if the gun was used as intended or in a reasonable way. The case attracted an amicus brief from Everytown for Gun Safety Support Fund that argued the immunity law applied only if the 'volitional act, apart from the discharge, constitutes a criminal offense.' In a split decision, the Kansas Court of Appeals reversed the district court and determined the federal statute didn't offer immunity to defendants in this case because Lewis didn't intend to discharge the gun. In an appeal to the Kansas Supreme Court, however, the firearm manufacturer and dealer argued the Court of Appeals came to the wrong conclusion about application of the federal law and that liability immunity existed because Lewis deliberately pulled the trigger. The state Supreme court found that argument persuasive. 'We hold that firearm sellers' interpretation is a better reasoned and more accurately reflects Congress' intent as reflected in the text of the PLCAA,' said Supreme Court Justice K.J. Wall. Wall, an appointee of Democratic Gov. Laura Kelly, said factual disputes about whether Lewis' actions made him culpable for a criminal offense would typically be resolved by a jury. However, the justice said, it was a violation of state law for Lewis to discharge the gun on a public road. 'Under the unique facts of this case,' Walls wrote, 'any dispute about Lewis' mental state cannot save Johnson's lawsuit from the PLCAA's immunity provision.' He said the Court of Appeals erred by reversing District Court Judge Merlin Wheeler's decision to grant summary judgement against Johnson. The court record indicated Lewis purchased the Beretta after reviewing Bass Pro Shop's '10 commandments of safe gun handling,' which included a rule about keeping the muzzle pointed in a safe direction. Apparently, Lewis reviewed the rules before signing a form to acknowledge he had read them. The Beretta was accompanied by a user manual that explained the gun could fire even after a magazine had been removed. In addition, the booklet stated the gun's striker-deactivation button allowed users to disassemble the gun without pulling the trigger. The Beretta APX had a warning stamped on the gun frame that was on point in the case: 'FIRES WITHOUT MAGAZINE.'
