FIREARM AND BB GUN MANUFACTURERS DISMISSED BASED ON PLCAA
July 30, 2026 – A firearms manufacturer and a licensed manufacturer of BB guns replicating the trade dress of certain firearms being represented by Renzulli Law Firm, LLP (“RLF”)were recently dismissed from a products liability case based on the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). The case was pending in the U.S. District Court for the District of South Carolina.
The case stemmed from a 2021 incident where plaintiff’s decedent was shot and killed by a codefendant who mistook his personal firearm for a licensed replica BB gun. The codefendant (who is the owner of the retail store where the incident occurred) claimed that he placed the licensed replica BB gun among real firearms in the store with the intent of “pranking” plaintiff’s decedent. The codefendant mistakenly picked up his firearm believing it was the licensed replica BB gun and shot plaintiff’s decedent in the face, killing him.
Plaintiff alleged that the defendants were liable for the death of plaintiff’s decedent because the “guns were defective, due to their mimicking design and promotion.” According to plaintiff, the products were defective because the licensed replica BB gun did not have an orange tip at the muzzle and too closely resembled the actual firearm on which it was based.
On behalf of its clients, RLF argued that its motion to dismiss should be granted based on the immunity provided by PLCAA and that the product defect exception did not apply. Plaintiffs sought to avoid the immunity provided by the PLCAA by including the predicate exception. Plaintiffs argued that the licensed replica BB gun was sold in violation of the Imitation Firearms Act because it did not have an orange tip. The licensed replica BB gun, however, was not required to have an orange tip because that provision applies only to toys and airsoft products, not to BB guns, which are considered to be deadly weapons. The Court found “no merit” to plaintiff’s arguments and granted the defendants’ motion to dismiss pursuant to the PLCAA.
This result reflects the correct application of the immunity provided to the firearms industry by the PLCAA. RLF is pleased to have obtained victory in this litigation and successfully defending the lawful conduct of its firearms industry client. If you have any questions concerning the defense of product liability claims or the immunity provided by the PLCAA, please contact Christopher Renzulli.