Federal Court Dismisses Aurora Case Against Ammo Sellers

In a major victory for firearms and ammunition retailers, a Federal District Court in Colorado has thrown out a Brady Center-backed lawsuit arising out of the Aurora, Colorado, movie theater shooting. The Federal Court ruled that: “The federal and state immunity statutes prohibit the claims of liability for the sales of ammunition in this case.” If you are involved in sales of guns or ammunition, whether as a distributor or retailer, we strongly recommend you read the entire U.S. District Court decision by Richard P. Matsch, Senior District Judge. The Judge’s memorandum cites many important principles of law. CLICK HERE for Dismissal Order.

The case, Phillips v. Lucky Gunner, was brought by the parents of an Aurora shooting victim against several web-based businesses from whom the shooter, James Holmes, purchased materials. The plaintiffs sued two web-based ammo vendors, Lucky Gunner LLC and The Sportsman’s Guide, as well as suppliers of various tactical gear.

Brady Center lawyers representing the family members alleged that the Internet business practices of the FFLs did not include “reasonable safeguards” to prevent persons such as Holmes from purchasing their respective products.

The court found that the Protection of Lawful Commerce in Arms Act (PLCAA) as well as a Colorado preemption statute required dismissal of the Brady Center’s lawsuit. In dismissing this action, the court followed legal precedents that have consistently found the PLCAA to be constitutional.

Highlights of Court Decision:

The ammunition sellers are also protected by the Protection of Lawful Commerce in Arms Act, 15 U.S.C. § 7901 et seq. (“PLCAA”). Enacted in 2005, the PLCAA generally prohibits claims against firearms and ammunition manufacturers, distributors, dealers, and importers for damages and injunctive relief arising from the criminal or unlawful misuse of firearms and ammunition, unless the suit falls within one of six enumerated exceptions. 15 U.S.C. §§ 7901–7903.

The Colorado legislature specifically limited suits against ammunition sellers to those where the plaintiff requests “damages” for relief, except in a product liability action which includes “any remedy.” Section 13-21-504.5(1). Subsection (2) precludes liability of the ammunition sellers for the actions of Holmes in any type of action. The plaintiffs’ claims of negligence, negligent entrustment and public nuisance based on the sales of ammunition to Holmes are barred and “shall” be dismissed. C.R.S. § 13-21-504.5(3).