The Statutory Shield
The Protection of Lawful Commerce in Arms Act generally bars civil actions against firearms manufacturers and sellers for harm resulting from criminal misuse of a lawfully sold product. It was enacted in response to litigation seeking to hold the industry responsible for downstream crime.
The statute is the starting point for any firearms claim, because most theories that would otherwise be available are barred at the threshold unless they fall within a defined exception.
The exceptions define what is possible
PLCAA permits claims for defective design or manufacture where the product was used as intended, for negligent entrustment, for knowing violation of a statute applicable to sale or marketing, and for breach of contract or warranty. Nearly all viable firearms litigation is framed to fit one of these.
How Claims Are Framed
Product defect claims proceed where a firearm malfunctioned in normal use, for example discharging without a trigger pull. These are ordinary product liability claims and are not barred, because the harm does not arise from criminal misuse.
The predicate exception, covering knowing violation of a statute applicable to sale or marketing, has been used to challenge marketing practices alleged to breach state consumer protection law. Several states have also enacted public nuisance statutes specifically designed to fit within that exception.
Negligent entrustment claims target sellers who transferred a firearm to someone they knew or should have known was likely to use it unlawfully, and are directed at the dealer rather than the manufacturer.
Modification and Aftermarket Issues
Aftermarket devices altering a firearm function raise separate legal questions, both regulatory and in liability terms. A modification made after sale generally shifts responsibility away from the original manufacturer.
For any malfunction claim, preserve the firearm itself, ammunition used, and all documentation of purchase, servicing and modification. Physical evidence is decisive in defect cases and is frequently altered or lost.
Preserve the firearm exactly as it is
In a malfunction claim the weapon is the central evidence. Do not disassemble, clean, repair or modify it, and do not return it to a dealer for inspection before securing independent examination, since alterations can defeat an otherwise provable defect claim.
Free Legal Evaluation
Do You Qualify to File a Claim?
Our network of verified plaintiff attorneys offers free, no-obligation case evaluations. Contingency fee representation means you pay nothing unless you win.
Firearms Litigation: The PLCAA Shield and Product Liability Exceptions: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What is the PLCAA?
A federal statute generally barring civil actions against firearms manufacturers and sellers for harm resulting from criminal misuse of a lawfully sold product.
What claims are still possible?
Defective design or manufacture in normal use, negligent entrustment, knowing violation of a statute applicable to sale or marketing, and breach of contract or warranty.
What is the predicate exception?
The provision allowing claims where a seller or manufacturer knowingly violated a statute applicable to sale or marketing, which several states have legislated to engage.
Are malfunction claims barred?
No. Where a firearm discharges without a trigger pull or otherwise fails in normal use, that is ordinary product liability rather than harm from criminal misuse.
What should I preserve after a malfunction?
The firearm exactly as it is, the ammunition used, and all purchase, servicing and modification records. Do not clean, repair or disassemble it.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.