Parents’ Lawsuit Against Gun Maker Dismissed by Court
The Pennsylvania Supreme Court has upheld a lower court’s decision to dismiss a lawsuit filed by the parents of a teenager who was accidentally shot and killed by a friend. The court cited the federal Protection of Lawful Commerce in Arms Act, which shields gun manufacturers from liability in cases where harm arises from the unlawful use of their products. Justice Sallie Updyke Mundy emphasized that the Gustafsons’ claims were not viable under this statute.
This ruling is significant as it reinforces protections for gun manufacturers against tort claims, a legal framework that many states grapple with in the wake of increasing gun violence. The parents argued that the law contravened their rights under the commerce clause and the 10th Amendment; however, these challenges were also rejected by the court, highlighting the ongoing debate over accountability in the gun industry.
Just a few days over 8 years ago, 13 year old James Gustafson was killed when his friend, 14 year old John Burnsworth, pointed a gun at him and pulled the trigger. Burnsnworth maintained that since the magazine had been removed he thought the gun was unloaded, not realizing there was still a round in the chamber. Burnsworth was convicted under juvenile law for involuntary manslaughter
Gustafon’s parents brought a civil lawsuit against Springfield Armory and Saloom Department Store, which sold the pistol to its lawful owner. The Gustafons claimed the design of the pistol was defective, and accused the manufacturer and dealer of negligent design and sale, as well as negligent warnings and marketing, arguing that those actions caused their son’s death.
A trial court threw out the lawsuit, ruling that this type of litigation is prohibited under the federal Protection of Lawful Commerce in Arms Act, but the state Superior Court reinstated the lawsuit and remanded the case back to the lower court. The Pennsylvania Supreme Court, however, in a unanimous decision, held that the PLCAA is constitutional and dismissed the Gustafson’s lawsuit with prejudice.