October 21, 2025 – Renzulli Law Firm (“RLF”) secured a complete dismissal of a wrongful death case on behalf of one of its firearms industry clients. The case involved the fatal shooting of a young man by his friend on November 6, 2016. The shooter, then 19 years old, found two unloaded pistols—a Springfield .45 semi-automatic pistol and a Smith and Wesson .357 revolver—in an unlocked safe at a home where he was housesitting. After unlawfully taking the pistols from the safe, he subsequently purchased ammunition from a local ammunition seller under false pretenses, claiming the ammunition was for use in a long gun. Days later, while consuming alcohol and mishandling one of the firearms, he recklessly discharged the pistol, killing his friend.
The decedent’s parents and estate filed suit against the homeowners and the ammunition seller. Following discovery, RLF moved for summary judgment on behalf of the ammunition seller, arguing that the Plaintiffs’ claims were barred by the Protection of Lawful Commerce in Arms Act (“PLCAA”). In an attempt to circumvent PLCAA, the Plaintiffs argued that PLCCA’s predicate exception applied, claiming the seller allegedly violated federal and New York State laws prohibiting the sale of ammunition used for handguns to persons under 21 years old.
In support of the seller’s summary judgment motion, RLF presented evidence showing that the .45 ACP ammunition purchased and used by the shooter was interchangeable, meaning it was capable of being used in both handguns and long guns. RLF further demonstrated that multiple long guns chambered for .45 ACP were available in the retail marketplace at the time of sale. Because the ammunition could lawfully be used in a long gun, it was permissible to sell it to a purchaser over 18 years old, and there was no statutory violation. The Court agreed, finding no statutory violation as a matter of law and holding that the predicate exception to PLCAA did not apply. Accordingly, the Court ruled that PLCAA barred Plaintiffs’ claims and dismissed the Plaintiffs’ Complaint in its entirety.
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 regarding the defense of cases against the firearms industry, please contact please contact John F. Renzulli or Christopher Renzulli.