In the Nov. 3 Wisconsin Law Journal article, “Verdict against firearms shop could have far reaching ramifications,” professor Timothy Lytton discusses the recent Milwaukee verdict where the jury found that the clerk who sold the weapon knowingly violated the law by selling the gun to an obvious straw buyer, thus subjecting the gun dealer to liability under an exception to the Protection of Lawful Commerce in Arms Act (PLCAA). Lytton describes two of the legal issues likely at stake in an appeal: the first is the definition of negligent entrustment, and the second is what evidentiary standard must be met to prove the defendant knowingly violated state or federal law with the sale of the weapon.
Timothy D. Lytton is a Distinguished University Professor and Professor of Law at Georgia State University College of Law and a member of the Center for Law, Health & Society. His expertise is in the public policy implications of tort litigation. Lytton is the editor of Suing the Gun Industry: A Battle at the Crossroads of Gun Control and Mass Torts (2005).