July 31, 2025
(Washington, DC) Global Action on Gun Violence has filed a petition asking the U.S. Supreme Court to strike down as unconstitutional the Protection of Lawful Commerce in Arms Act (PLCAA), the federal law that shields the gun industry from much litigation. An earlier appellate decision in the case, Gustafson v. Springfield, held that the controversial law was unconstitutional, in conflict with the Tenth Amendment and Congress’ Commerce Clause authority, but was then reversed by the Supreme Court of Pennsylvania. GAGV brought the action along with Robert Peck of the Center for Constitutional Litigation, and Gary Lynch and Kelly Iverson of Lynch Carpenter in Pittsburgh.
PLCAA was enacted in the United States in 2005, providing gun manufacturers and dealers more liability protection than any other industry. Last month the U.S. Supreme Court held that the Government of Mexico’s lawsuit against several gun manufacturers was barred by PLCAA. GAGV is counsel for Mexico.
Jonathan Lowy, president of Global Action on Gun Violence, argued the case at the courts below on behalf of the parents of J.R. Gustafson, a 13-year-old unintentionally killed by another boy with a gun he thought was unloaded since the ammunition magazine was removed.
The suit, brought by the Gustafsons against gun dealer Springfield Armory, alleged that the gun was defective for failing to include safety features that would have prevented the shooting. The Superior Court of Pennsylvania reversed the trial court’s decision that the case was barred by PLCAA, becoming the first appeals court to rule that PLCAA is unconstitutional. The Supreme Court of Pennsylvania reversed, holding that PLCAA barred the lawsuit and is constitutional.
According to Jonathan Lowy, “PLCAA is an unconstitutional, unAmerican aberration that restricts state’s authority to make their own laws and makes victims of gun industry negligence into second class citizens, without the rights to seek civil justice that every other wronged person has. Striking down PLCAA is a crucial step towards holding gun manufacturers accountable for their harmful practices, and the Constitution demands it.”
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About Global Action on Gun Violence
Global Action on Gun Violence (GAGV) is the only non-profit organization working to end global gun violence through litigation, international action, and human rights, and draws on over 25 years’ experience litigating against the gun industry. For more information about GAGV’s groundbreaking lawsuits against the gun industry, visit our Litigation page.