Abstract
In 2005, Congress passed the the Protection in Lawful Commerce in Arms Act. The Act provided for the immediate dismissal of claims against gun manufacturers for either making or distributing weapons that were used in criminal acts. This Casenote discusses the issues before the Ninth Circuit in Ileto v. Glock. The case stemmed from a shooting spree, in which the victim’s relatives sued the manufacturers and distributors of the weapons used by the gunman. The Ninth Circuit found that the PLCAA preempted the claims brought by the plaintiff, but left an open roadmap in doing so. The court went to great lengths to support its decision and may have unintentionally created a loophole in the Act. This Casenote suggests that courts should use a plain meaning interpretation of the statute to avoid creating exceptions not intended by Congress.
Recommended Citation
Ross Sorensen,
The Ninth Circuit Forecloses a Bullet Sized Hole in the PLCAA in Ileto v. Glock, 565 F.3d 1126 (9th Cir. 2009),
35
S. Ill. U. L.J.
573
(2011).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol35/iss3/8