Gun Store Liability

A gun store can face liability in some situations, such as:

• If the gun store sells a gun with a manufacturing defect that causes injury or death to the user or a third party. The gun store may be liable for product liability, negligence, or breach of warranty, depending on the circumstances of the case.
• If the gun store sells a gun to a minor, a felon, or a person who is prohibited from owning firearms by law. The gun store may be liable for negligence or violating federal or state laws, such as the Brady Handgun Violence Prevention Act, which requires background checks for gun buyers.
• If the gun store fails to secure its inventory and allows guns to be stolen or lost. The gun store may be liable for negligence or violating federal or state laws, such as the Gun Control Act of 1968. This requires gun dealers to keep records of their transactions and report any thefts or losses of firearms.

If you have been injured by a firearm that was purchased from a gun store, you may have a legal claim against the gun store, depending on the facts of your case and the applicable laws in your state.

You may need a lawyer who can help you with your claim and protect your rights. A lawyer can evaluate your case, gather evidence, negotiate with the insurance company or the gun store, and represent you in court if necessary.

Are There Any Exceptions to Civil Liability?

There are some exceptions to civil liability for gun store liability, such as:

• If the gun manufacturer or dealer knowingly violated federal or state laws in selling or transferring firearms or ammunition. For example, if the gun store sold a gun to a person who failed a background check or was prohibited from owning firearms by law, the gun store may be liable for violating the Brady Handgun Violence Prevention Act.
• If the gun manufacturer or dealer was negligent in entrusting the firearm or ammunition to someone who was likely to use it for criminal purposes. For example, say the gun store sold a gun to a person who was visibly intoxicated, mentally unstable, or made threats of violence. In that case, the gun store may be liable for negligence or negligence per se.
• If the gun manufacturer or dealer made false or misleading statements about the firearm or ammunition. For example, if the gun store advertised a gun as being safe or reliable when it was not, the gun store may be liable for fraud or misrepresentation.
• If the firearm or ammunition had a defect in design, manufacture, or marketing that caused harm to the user or a third party. For example, if the gun store sold a gun that malfunctioned or exploded due to a faulty part or assembly, the gun store may be liable for product liability
• If the gun store failed to secure its inventory and allowed guns to be stolen or lost. For example, if the gun store did not lock its doors, windows, or safes and allowed thieves to steal guns from its premises, the gun store may be liable for negligence or violating federal or state laws that require gun dealers to keep records of their transactions and report any thefts or losses of firearms.

These exceptions are not absolute and may depend on the facts of each case and the applicable laws in each state.

Can Gun Store Owners Face Criminal Liability?

Gun store owners can face criminal liability in some situations, such as:

• If the gun store owner violated federal or state laws in selling or transferring firearms or ammunition. For example, if the gun store owner sold a gun to a person who failed a background check or was prohibited from owning firearms by law, the gun store owner may be liable for violating the Brady Handgun Violence Prevention Act.
• If the gun store owner disposed of a gun that they reasonably believed was used to perpetrate a crime in order to sell the purchaser a new gun. For example, if a gun you sold is used in a crime, or if you knew that a customer had used a gun to commit a mass shooting and then traded it in for another gun, you may be liable for tampering with evidence or aiding and abetting a crime.
• If the gun store owner failed to report any thefts or losses of firearms from their inventory. For example, assume the gun store owner did not notify law enforcement or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) of any guns that were stolen or missing from their premises. In that case, the gun store owner may be liable for violating the Gun Control Act of 1968, which requires gun dealers to keep records of their transactions and report any thefts or losses of firearms.

What Does the Protection of Lawful Commerce in Arms Act (PLCAA) Say?

In most cases, a gun store cannot be held liable if a gun purchased there is used for criminal activity by the buyer or a third party. This is because of the Protection of Lawful Commerce in Arms Act (PLCAA), a federal law that grants immunity to gun manufacturers and dealers from civil lawsuits that result from the criminal or unlawful misuse of firearms or ammunition.

The PLCAA has some exceptions, such as:

• If the gun manufacturer or dealer knowingly violated federal or state laws in selling or transferring firearms or ammunition.
• If the gun manufacturer or dealer was negligent in entrusting the firearm or ammunition to someone who was likely to use it for criminal purposes.
• If the gun manufacturer or dealer made false or misleading statements about the firearm or ammunition.
• If the firearm or ammunition had a defect in design, manufacture, or marketing that caused harm to the user or a third party.

Do I Need a Lawyer?

You may need a criminal lawyer if you are facing any of the following situations:

• You have been injured by a firearm that was purchased from a gun store, and you want to sue the gun store for civil liability.
• You are a gun store owner, and you have been sued by someone who was injured by a firearm that was purchased from your store.
• You are a gun store owner, and you have been charged with a crime related to your business, such as violating federal or state laws in selling or transferring firearms or ammunition.

A lawyer can help you with your case by:

• Advising you on your legal rights and options;
• Gathering evidence and witnesses to support your claim or defense;
• Negotiating with the insurance company, the gun store, or the prosecutor for a favorable outcome;
• Representing you in court and advocating for your best interests.

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