The PLCAA Needs Teeth

[bcr229]

While the PLCAA is supposed to shield firearm manufacturers and sellers from frivolous lawsuits, there's no penalty for plaintiffs who file them.

The latest to get hit is ADCO. The attorney is a Brady shill.

Complaint

Adco Firearms LLC

adcofirearms.com

Police Report

Adco Firearms LLC

adcofirearms.com

 

[jrumann59]

It may not be popular but if ADCO had any gut feelings it was hinky they should have sent them on their way. Woman's father is going after the biggest fish at this fry, because the only 2 people that knew for sure the victim should not have a gun is the victim and the old guy. Suing the old guy would be squeezing water from a rock.

 

[teratos]

It may not be popular but if ADCO had any gut feelings it was hinky they should have sent them on their way. Woman's father is going after the biggest fish at this fry, because the only 2 people that knew for sure the victim should not have a gun is the victim and the old guy. Suing the old guy would be squeezing water from a rock.

Proving they should have taken notice is going to be tough.

 

[jrumann59]

Proving they should have taken notice is going to be tough.

They will need a good lawyer, they said in their statement, "they had an interesting dynamic." Now that is neither damning or exonerating but they noticed something.

 

[jcutonilli]

While the PLCAA is supposed to shield firearm manufacturers and sellers from frivolous lawsuits, there's no penalty for plaintiffs who file them.

The latest to get hit is ADCO. The attorney is a Brady shill.

Complaint

Adco Firearms LLC

adcofirearms.com

Police Report

Adco Firearms LLC

adcofirearms.com

The PLCAA is not designed to prevent all lawsuits. This one is over who knew there was a straw purchase. They are suing the FFL and straw purchaser, but not the gun manufacturer. I believe the family is going to have a hard time proving the FFL knew it was a straw purchase.

The more disconcerting thing about the PLCAA is not this type of lawsuit, but what some of the states are doing to make it easy to sue firearms manufacturers.

 

[lazarus]

Does PLCCA allow the defendant to seek attorney fees if they prevail? It’s been an issue in the past with frivolous lawsuits where the defendant won, but there was basically no juice to squeeze from the plaintiff because it was a bunch of pro bonehead lawyers who were really suing and racked up hundreds of thousands in legal fees for the defendant.

It is structured similar to many anti-SLAPP laws in states IIRC.

Better teeth would be good. There are times lawsuits are very much justified. Of course in MANY cases they are not. And of course some states are going out of their way to try to make vexatious lawsuits easy.

 

[bcr229]

No. There should be. The law also covers retail dealers not just manufacturers.

 

[Steve@ADCO]

A member here sent me this link, so if anyone is interested in an update...
We submitted a motion for summary judgment based on the PLCAA last month. You can read it here.
This has been an expensive mess of a lawsuit based on a fictional complaint written buy an attorney who wasn't there who never spoke to anyone who was there.
If you are interested in the details my deposition and the straw buyers were posted public last week. There is ZERO evidence I did anything wrong that day. I had no way of knowing it was a straw purchase.

Zohn Deposition
Thompson Deposition

This is lawfare at it's worst, and it's not going to stop with ADCO.

 

[4g64loser]

A member here sent me this link, so if anyone is interested in an update...
We submitted a motion for summary judgment based on the PLCAA last month. You can read it here.
This has been an expensive mess of a lawsuit based on a fictional complaint written buy an attorney who wasn't there who never spoke to anyone who was there.
If you are interested in the details my deposition and the straw buyers were posted public last week. There is ZERO evidence I did anything wrong that day. I had no way of knowing it was a straw purchase.

Zohn Deposition
Thompson Deposition

This is lawfare at it's worst, and it's not going to stop with ADCO.

Welcome. This type of shyster use of the courts needs to be penalized. I wish you the best.