The 2005 Protection of Lawful Commerce in Arms Act provides federal tort immunity for gun manufacturers and dealers for claims arising out of injuries caused by the unlawful use of a weapon by a third party. Presidential candidate Bernie Sanders has been criticized for voting in favor of the 2005 law. Professor Timothy Lytton was quoted in the International Business Times October 14 article “Protection of Lawful Commerce in Arms Act: The Controversial Gun Law Bernie Sanders Voted for Has Kept Families from Winning Lawsuits,” addressing the PLCAA exception of “negligent entrustment”, the argument attorneys for the families of victims killed in the 2012 Sandy Hook Elementary School shooting are using.
Timothy D. Lytton is a Distinguished University Professor and Professor of Law at Georgia State University College of Law with expertise in the public policy implications of tort litigation. He is the editor of Suing the Gun Industry: A Battle at the Crossroads of Gun Control and Mass Torts (2005).