WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, praised the San Diego County Superior Court’s decision to grant summary judgment in favor of Smith & Wesson, Inc. under the Protection of Lawful Commerce in Arms Act (PLCAA). The court decided today that Smith & Wesson, Inc. is not responsible for the horrendous criminal acts committed by a deranged murderer at the Chabad of Poway, in Poway, Calif., on April 27, 2019.
The PLCAA protects the firearm industry from frivolous lawsuits that attempt to hold firearm businesses liable for the criminal misuse of lawfully sold firearms.
“We are heartened by the court’s decision today correctly interpreting the PLCAA and ruling in favor of Smith & Wesson, Inc. that the criminal liability for the horrific actions of a murderer are the sole responsibility of that individual,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Plaintiffs in this case attempted to hold Smith & Wesson, Inc. responsible for these horrific crimes by alleging that because the firearm could be illegally modified, the company violated federal law. Additionally, plaintiffs alleged Smith & Wesson, Inc.’s advertising caused the murderer to commit his violent crimes. The firearm industry is grateful that the judge found these claims lack legal merit and correctly granted judgment in favor of Smith & Wesson, Inc.”
NSSF earlier in the case filed an amicus brief in support of Smith & Wesson, Inc.
The murderer in this incident was convicted and sentenced by a California state court to life in prison, without the possibility of parole. The sentence carried an additional 121 years to life, plus 16 years as part of a plea agreement. The murderer was also convicted by a federal court and sentenced to life in prison without the possibility of parole, plus 30 years.
The PLCAA was signed into law in 2005 by President George W. Bush with broad bipartisan support by Congress. The law was spurred by numerous frivolous lawsuits orchestrated by gun control groups to circumvent Congress and put firearm companies out of business based on the criminal misuse of firearm by remote individuals who lack respect for both life and law. The PLCAA has been repeatedly upheld as Constitutional by federal courts.
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About NSSF
NSSF 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, firearm retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org.
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