FOG HORN

October 27, 2025

WASHINGTON, D.C. — NSSF® – The Firearm Industry Trade Association – celebrates the 20-year anniversary of the enactment of the Protection of Lawful Commerce in Arms Act (PLCAA). The PLCAA is the bipartisan law passed by Congress and signed into law on October 26, 2005, by former President George W. Bush that protects the firearm industry from frivolous lawsuits attempting to hold highly-regulated and lawful firearm businesses liable for the criminal misuse of lawfully sold firearms by remote third parties. The PLCAA, at its core, ensures that the Second Amendment right to keep and bear arms can be exercised by law-abiding Americans.

“Americans cannot exercise their God-given right to purchase, possess and use firearms without a strong and present industry that provides the means to acquire those firearms. The firearm industry is comprised of more than 400,000 hardworking men and women who take immense pride in providing safe and reliable products for Americans to purchase if and when they choose to do so,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “The Protection of Lawful Commerce in Arms Act has ensured that this Constitutional right has not been bankrupted out of existence by gun control activists and those bent on eliminating the right of law-abiding Americans to keep and bear arms.”

The PLCAA codifies traditional American jurisprudence and common-sense principles to prevent baseless litigation from bankrupting an entire industry critical to the safety and security of our nation. The PLCAA codified a bedrock legal principle: that firearm industry manufacturers and retailers are not responsible for the subsequent criminal misuse or illegal possession of their lawfully sold, non-defective products by remote third parties – criminals – over whom they have no control. Firearm industry members are no more legally responsible for illegal shootings than a cookware manufacturer is responsible if a criminal misuses a sharp kitchen knife to stab someone, or than Ford is for a fatal crash caused by a drunk driver operating a Ford vehicle.

Congress recognized the threat these frivolous lawsuits represented and passed the bipartisan PLCAA in 2005, explaining it was because antigun politicians were using the courts to “attempt to circumvent the Legislative branch of government” and “expand civil liability in a manner never contemplated by the framers of the Constitution.”

The PLCAA is still proving necessary, as the industry is still being targeted by gun control groups and politicians, including those who continue to falsely claim the firearm industry is “the only industry immune from liability.”

While the PLCAA has been incredibly successful in protecting the firearm industry from frivolous lawsuits, the PLCAA is constantly under attack. In recent years, several states have attempted to defy the will of Congress by codifying the same strained tort theories in statutes providing that industry members are subjected to ill-defined “reasonable controls” standards for public nuisance. For example, displeased with Congress’ judgment, New York passed a law in 2021 to, in then-Governor Andrew Cuomo’s own words, “reinstate the public nuisance liability for gun manufacturers” that states tried to impose two decades ago, in an avowed effort to “right the wrong done 16 years [earlier]” when Congress enacted the PLCAA. While we celebrate the anniversary of this landmark legislation, we remain vigilant in defending the PLCAA from ongoing threats.



About NSSF

NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org.

National Shooting Sports Foundation | 6 Corporate Drive | Shelton, CT 06484 US