The Kansas Supreme Court upheld a significant district court dismissal in Johnson v. Bass Pro Outdoor World, LLC, deciding that Bass Pro Outdoor World and Beretta USA/Beretta Italy cannot be sued by a man who was accidentally shot. The court cited the Protection of Lawful Commerce in Arms Act (PLCAA), a federal law that protects firearm manufacturers and dealers when their products are misused in a crime and concluded neither can be held responsible for the incident.
The unfortunate series of events unfolded in 2018 when a former college football player purchased a Beretta handgun from a Kansas Bass Pro Shops location. According to court documents, while attempting to disassemble the firearm to show it to a teammate, he mistakenly believed the firearm was clear and would not fire if the magazine was removed. In further error, he also believed that the trigger had to be pulled before disassembly. These detrimental and erroneous assumptions subsequently led to his teammate, seated next to him, being shot in the leg, resulting in an injury requiring amputation. The injured player subsequently filed suit against the companies.
The court held that the PLCAA provides immunity for the firearm sellers and manufacturer in this case due to the commission of a volitional act, as well as this shooting constituting a crime. Even though there was no intention to fire the gun, the gun owner deliberately pulled the trigger, a volitional act. Further, because he did so while stopped at a traffic light, it violated a Kansas strict liability law against discharging a gun on a public road, making it a criminal act, the ruling said.
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