U.S. Code » Title 15 » Chapter CHAPTER 105— PROTECTION OF LAWFUL COMMERCE IN ARMS

15 U.S.C. § 7901

Findings; purposes

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(a) FindingsCongress finds the following:(1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.(2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms.(3) Lawsuits have been commenced against manufacturers, distributors, dealers, and importers of firearms that operate as designed and intended, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals.(4) The manufacture, importation, possession, sale, and use of firearms and ammunition in the United States are heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act [26 U.S.C. 5801 et seq.], and the Arms Export Control Act [22 U.S.C. 2751 et seq.].(5) Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation, or sale to the public of firearms or ammunition products that have been shipped or transported in interstate or foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended.(6) The possibility of imposing liability on an entire industry for harm that is solely caused by others is an abuse of the legal system, erodes public confidence in our Nation’s laws, threatens the diminution of a basic constitutional right and civil liberty, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in the free enterprise system of the United States, and constitutes an unreasonable burden on interstate and foreign commerce of the United States.(7) The liability actions commenced or contemplated by the Federal Government, States, municipalities, and private interest groups and others are based on theories without foundation in hundreds of years of the common law and jurisprudence of the United States and do not represent a bona fide expansion of the common law. The possible sustaining of these actions by a maverick judicial officer or petit jury would expand civil liability in a manner never contemplated by the framers of the Constitution, by Congress, or by the legislatures of the several States. Such an expansion of liability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution.(8) The liability actions commenced or contemplated by the Federal Government, States, municipalities, private interest groups and others attempt to use the judicial branch to circumvent the Legislative branch of government to regulate interstate and foreign commerce through judgments and judicial decrees thereby threatening the Separation of Powers doctrine and weakening and undermining important principles of federalism, State sovereignty and comity between the sister States.(b) PurposesThe purposes of this chapter are as follows:(1) To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended.(2) To preserve a citizen’s access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting.(3) To guarantee a citizen’s rights, privileges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section 5 of that Amendment.(4) To prevent the use of such lawsuits to impose unreasonable burdens on interstate and foreign commerce.(5) To protect the right, under the First Amendment to the Constitution, of manufacturers, distributors, dealers, and importers of firearms or ammunition products, and trade associations, to speak freely, to assemble peaceably, and to petition the Government for a redress of their grievances.(6) To preserve and protect the Separation of Powers doctrine and important principles of federalism, State sovereignty and comity between sister States.(7) To exercise congressional power under article IV, section 1 (the Full Faith and Credit Clause) of the United States Constitution.(Pub. L. 109–92, § 2, Oct. 26, 2005, 119 Stat. 2095.)Editorial NotesReferences in Text

The Gun Control Act of 1968, referred to in subsec. (a)(4), is Pub. L. 90–618, Oct. 22, 1968, 82 Stat. 1213. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 18, Crimes and Criminal Procedure, and Tables.

The National Firearms Act, referred to in subsec. (a)(4), is classified generally to chapter 53 (§ 5801 et seq.) of Title 26, Internal Revenue Code. See section 5849 of Title 26.

The Arms Export Control Act, referred to in subsec. (a)(4), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 109–92, Oct. 26, 2005, 119 Stat. 2095, known as the Protection of Lawful Commerce in Arms Act. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Statutory Notes and Related SubsidiariesShort Title

Pub. L. 109–92, § 1, Oct. 26, 2005, 119 Stat. 2095, provided that: “This Act [enacting this chapter, amending sections 922 and 924 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under sections 921 and 922 of Title 18] may be cited as the ‘Protection of Lawful Commerce in Arms Act’.”

Notes of Decisions
Cited in 92 cases (54 in the last 5 years), 2006–2026 · leading case: Soto v. Bushmaster Firearms Int'l, LLC, 202 A.3d 262 (Conn. 2019).
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Soto v. Bushmaster Firearms Int'l, LLC, 202 A.3d 262 (Conn. 2019). · cites it 18× “2095 (2005), codified at 15 U.S.C. §§ 7901 through 7903 (2012), which, with limited exceptions, immunizes firearms manufacturers, distributors, and dealers from civil liability for crimes committed by third parties using their weapons.”
Ileto v. Glock, Inc., 565 F.3d 1126 (9th Cir. 2009). · cites it 18× “Congress found that manufacturers and sellers of firearms "are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended.”
Ileto v. Glock, Inc., 421 F. Supp. 2d 1274 (C.D. Cal. 2006). · cites it 16× “” 15 U.S.C. § 7901 (a)(4). In the following sentence, the legislature provided three different examples of these regulations — each of which is a federal law that specifically applies to the sale and marketing of firearms.”
City of New York v. Beretta U.S.A. Corp., 524 F.3d 384 (2d Cir. 2008). · cites it 6× “15 U.S.C. § 7901 (b)(1). In drafting the PLCAA, Congress found: Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation, or sale to the public of firearms or ammunition…”
KS&E Sports & Edward J. Ellis v. Dwayne H. Runnels, 72 N.E.3d 892 (Ind. 2017). · cites it 4× “Runnels argues that federal law—specifically, the Protection of Lawful Commerce in Arms Act (PLCAA), 15 U.S.C. §§ 7901 et seq.—preempts Section 34-12-3-3(2).”
City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114 (2d Cir. 2011). · cites it 2× “Subject-Matter Jurisdiction Following oral argument, we solicited supplemental briefing from the parties to address the effect of the Protection of Lawful Commerce in Arms Act ("PLCAA"), 15 U.S.C. § 7901 et seq., on these appeals.”
Smith & Wesson Corp. v. City of Gary, 875 N.E.2d 422 (Ind. Ct. App. 2007). · cites it 8× “15 U.S.C. § 7901 . The PLCAA provided that a “qualified civil liability action may not be brought in any Federal or State court” and a “qualified civil liability action that is pending on October 26, 2005, shall be immediately dismissed by the court in which the action was…”
Dist. of Columbia v. Beretta U.S.A. Corp., 940 A.2d 163 (D.C. 2008). · cites it 5× “FARRELL, Associate Judge: This appeal presents two primary issues: Does the Protection of Lawful Commerce in Arms Act (“the PLCAA”), 15 U.S.C. §§ 7901 et seq. (2005), by its terms require dismissal of the plaintiff/appellants’ suit under the District of Columbia’s Assault…”
Est. of Kim Ex Rel. Alexander v. Coxe, 295 P.3d 380 (Alaska 2013). · cites it 5× “15 U.S.C. § 7901 . 8 . 15 U.S.C. § 7902 (a).”
Adames v. Sheahan, 909 N.E.2d 742 (Ill. 2009). · cites it 3× “Finally, the appellate court addressed Beretta’s argument that plaintiffs’ lawsuit against it should be dismissed pursuant to the recently enacted Protection of Lawful Commerce in Arms Act (PLCAA or the Act) ( 15 U.S.C. §§7901 through 7903 (2006)). The appellate court noted…”
Phillips v. Lucky Gunner, LLC, 84 F. Supp. 3d 1216 (D. Colo. 2015). · cites it 5× “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…”
Estados Unidos Mexicanos v. Smith & Wesson Brands Inc., 91 F.4th 511 (1st Cir. 2024). · cites it 5× “See 15 U.S.C. § 7901 (b)(1), (4) (stated purposes include "prohibit[ing] causes of action" and "prevent[ing] the use of such lawsuits to impose unreasonable burdens on interstate and foreign commerce").”
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— 15 U.S.C. § 7901(b)(1) — 2 cases
Parsons v. Colt's Mfg. Co., LLC (nrap 5), 2021 NV 72 (Nev. 2021).
Brady v. Walmart Inc (D. Maryland 2022).
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