A traditional gunmaker and major firearm retailer emerged unscathed from a hazardous legal quagmire Friday.
The Kansas Supreme Court ruled that Bass Pro Outdoor World and Baretta U.S.A. could not be held liable for the accidental shooting of a college football player.
The case centered around a 2018 incident in which a weapon was mishandled and a young man was struck in the left leg. According to reports, Andre Lewis held a Baretta APX 9mm handgun in his Dodge as he was sitting at an Emporia stoplight.
Lewis is believed to have wanted to show front seat passenger Marquise Johnson that he was able to disassemble the firearm. Johnson is a former Emporia State University football player.
Records revealed that Lewis thought the weapon could not be fired if the magazine was removed.
He also believed the trigger must be pulled before the firearm is taken apart.
A round remaining in the chamber discharged and struck Johnson, resulting in his leg being amputated below the left knee. The obviously devastated athlete sought legal recourse and filed a suit against Baretta and Bass Pro Shops, where Lewis purchased the handgun several months earlier.
The lawsuit charged that the Baretta handgun was defective because it did not feature a magazine disconnect safety and a loaded-chamber indicator.
The ensuing case took several twists and turns before landing at the Kansas Supreme Court.
First, the Lyon District Court granted summary judgment to the defendants, citing a two-decade-old federal statute. The Protection of Lawful Commerce in Arms Act (PLCAA) was enacted to shield the firearms industry from frivolous lawsuits intended to drive it out of business.
Though hardly a blanket liability shield, the law protects gun makers and distributors from illegal and careless acts committed after their products are purchased.
Consider the fate of the automotive industry if every drunk driver could sue carmakers.
However, the Kansas Court of Appeals disagreed with the district court and reversed its decision. The body decided that PLCAA protections only apply with an intentional discharge of the weapon.
The Kansas Supreme Court reinstated the district court decision in favor of Bass Pro Shops and Baretta. The justices ruled that Johnson’s suit was without merit because Lewis intentionally pulled the trigger.
This violated the state law against discharging a weapon on a public road, and no criminal intent is necessary to be found guilty.
Anti-Second Amendment group Everytown for Gun Safety argued in an amicus brief that the PLCAA only applies if the “volitional act, apart from the discharge, constitutes a criminal offense.”
In a divided decision, the Appeals Court determined that immunity was not available to the defendants since Lewis did not intentionally discharge his weapon.
But the Supreme Court found otherwise. The trigger pull was deliberate, the defendants asserted, and this meant that liability immunity existed for the manufacturer and distributor of the weapon.
Justice K.J. Wall wrote for the high court. “We hold that firearm sellers’ interpretation is a better reasoned and more accurately reflects Congress’ intent as reflected in the text of the PLCAA. Under the unique facts of the case, any dispute about Lewis’ mental state cannot save Johnson’s lawsuit from the PLCAA’s immunity provision.”
The court also noted that Lewis purchased the weapon after reading Bass Pro Shop’s “10 Commandments of Safe Gun Handling.” These include always keeping the weapon pointed in a safe direction.
The Baretta user manual detailed the fact that the firearm could be discharged even with the magazine removed. The handgun also featured a striker-deactivation button for users to take the weapon apart and not have to pull the trigger.
The Anti Anti-2A Social Club is more than a name—it’s a stand against misinformation, double standards, and the relentless attacks on our rights. It’s for those who are done being quiet and ready to push back against a narrative that seeks to misrepresent and marginalize us.
They say the first step to solving a problem is admitting there is one. But here’s the thing: we’re not trying to “solve” anything. We’re here to embrace our rights, to stand firm, and to protect what’s ours.
This isn’t just another t-shirt; it’s a symbol of defiance and a call to action for everyone who refuses to be silenced. The Anti Anti-2A Social Club T-shirts, hats, and drinkware represent a movement that knows our rights are non-negotiable and proudly defends them.
So click the link below and wear it with pride. Because being part of the Anti Anti-2A Social Club isn’t just a choice—it’s a badge of honor.