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“Brady Campaign to Prevent Gun Violence” Loses; Court Upholds Federal Law

Keith G. Langer May 7, 2021

US District Court dismissed the Brady Campaign's lawsuit against Glock, correctly citing the Protection of Lawful Commerce in Arms Act, 15 U.S.C. §§ 7901-7903. There being no defect whatsoever in the design or manufacture of, or the instructions for the use of, the gun, there was no basis for the lawsuit. Glock's Motion to Dismiss was granted accordingly.

The decision is both extensive and exhaustively researched. The essence of the dismissal is this:

“It appears to the Court that, contrary to Plaintiff's suggestion, the legislative history of the PLCAA does not uniformly evidence Congress's intent to adopt a narrow scope of preemption. Statements of multiple congressional speakers suggest the PLCAA was intended to preempt the sorts of product liability suits that might be used as a roundabout method of regulating the firearms industry.”

Because the Brady Campaign lost, the case received little coverage. Link here: