March 31, 2025

NSSF Praises Pennsylvania Supreme Court Decision Upholding PLCAA

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WASHINGTON, D.C. — NSSF^®, The Firearm Industry Trade Association, praises the Pennsylvania Supreme Court’s unanimous decision to uphold the bipartisan Protection of Lawful Commerce in Arms Act (PLCAA), which reversed the Pennsylvania Superior Court’s decision to allow the frivolous lawsuit of Gustafson v. Springfield, Inc. The Pennsylvania Supreme Court’s decision held that the PLCAA is constitutional and applies to bar the lawsuit.

NSSF filed an amicus brief to the Pennsylvania Supreme Court supporting the defendants when this case was briefed in 2023.

The Pennsylvania Supreme Court joins the supreme courts of Missouri, Alaska, Illinois and the U.S. District Court of Appeals – the highest court in the District of Columbia – in upholding the constitutionality of the PLCAA. To date, every state or federal appellate court to consider the constitutionality of the PLCAA has upheld the statute.

While it does not implicate the constitutionality of the PLCAA, the U.S. Supreme Court is considering a case, Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., et al., in which U.S. firearm manufacturers are petitioning the Supreme Court to reverse the U.S. Court of Appeals for the First Circuit’s decision to allow Mexico’s frivolous $10 billion lawsuit to proceed on grounds that the PLCAA prohibits such lawsuits.

“NSSF is pleased by the Pennsylvania Supreme Court’s decision holding that the PLCAA is constitutional and prevents lawsuits that attempt to blame members of the firearm industry for the criminal misuse of a lawfully sold firearm,” said Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel. “While we are sympathetic to the heartbreaking loss the Gustafson family suffered, this tragic incident was the result of the criminal misuse of the firearm and the irresponsible negligence of the owner of the firearm who failed to safely secure it to prevent unauthorized access by an unsupervised juvenile. The Pennsylvania Supreme Court’s unanimous decision shows, once again, that the PLCAA is solidly rooted in foundational tort law.”

Justice Sallie Updyke Mundy, writing for a unanimous court, held that the plain language of the PLCAA prohibits the plaintiffs’ claims in this case. One justice did not participate in the consideration or decision. The court agreed that alleged harm to the Gustafson family resulted from the juveniles’ “criminal or unlawful misuse” of a firearm. It also found that the juvenile intentionally discharged the firearm, negating claims of product liability exceptions under the PLCAA. The court further held that the PLCAA does not violate the Commerce Clause, the Tenth Amendment or principles of federalism.

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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, firearms retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org.

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Media contact:
Mark Oliva
202-220-1340

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