NRA Firearms Law Seminar – Panel IV


I continue with liveblogging the seminar. Really pseudo liveblogging, since I’m not using timestamps for every update. But I am trying to keep things updated as the seminar unfolds.

2:50PM CDT – Cord Byrd

Cord Byrd’s presentation is “‘Bad Apple’ Gun Dealers: The Brady Center’s Latest Assault on the Second Amendment. Most readers are familiar with the Protection of Lawful Commerce in Arms Act (PLCAA), and state analogues, which offer limited immunity from some lawsuits based on questionable grounds. For some time now, the Brady Center has focused on blowing holes through the protection, using the exceptions that are found in the PLCAA. Those exceptions are, roughly:

  • An action brought against a transferor convicted under section 924(h) of title 18, or a comparable or identical State felony law, by a party directly hardmed by the conduct of which the transferee is so convicted.
  • An action brought against a seller for negligent entrustment or negligence per se.
  • An action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or makreting of the product, and the violation was a proxmiate cause of the harm for which relief is sought.

It is the second item under which Brady is focusing much of its litigation. It’s very interesting that he notes that the firms that are providing legal services, presumably pro-bono, don’t know the federal and state firearms laws very well, and aren’t very good at litigating on them.