A state appeals court in Pennsylvania declared the federal law that protects gun manufacturers from certain lawsuits unconstitutional on Monday in a victory for gun-control proponents that would allow the family of a 13-year-old boy who died in a 2016 shooting accident to move forward with a lawsuit against Springfield Arms and Saloom Department Store.
The boy, J.R. Gustafson, and his 14-year-old friend in a private home in 2016 obtained a gun that was in the home, which was manufactured by Springfield and sold by the department store. The friend removed the clip from the gun and believed it to be unloaded. But there was still a live round in the chamber when he pulled the trigger, unintentionally killing Gustafson.
The family of Gustafson then sued the department store and Springfield but were initially stymied by a lower court that ruled they could not sue under the federal Protection of Lawful Commerce in Arms Act (PLCAA). The family argued that the act did not apply, and if it did apply it was unconstitutional.