Gun Kit Makers Seek Second Circuit Ruling on ‘Firearms’ Definition and Immunity

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The Second Circuit should decide whether the district court was correct in finding that PLCAA immunity applies only where a third party’s unlawful use of a firearm is the “sole” cause of the harm and argued that the act’s exceptions allowing for negligence claims indicate that firearms makers should be otherwise immune.

Representatives for the companies and the New York attorney general could not immediately be reached for comment Tuesday.

Arm or Ally LLC is represented by Steven Jay Harfenist of Harfenist Kraut & Perlstein LLP.

Blackhawk Manufacturing Group Inc. is represented by Scott Charles Allan of Renzulli Law Firm LLP.

Brownells Inc., Salvo Technologies Inc., Primary Arms LLC and Rock Slide USA LLC are represented by Jonathan Y. Ellis of McGuireWoods LLP and David H. Thompson, Brian W. Barnes and Athanasia O. Livas of Cooper & Kirk PLLC.

KM Tactical is represented by Ryan Lawrence Erdreich and Richard Frederick Brueckner Jr. of Pisciotti Lallis Erdreich, Jason Cowley and Tobias Jacob Fischer of McGuireWoods LLP and Jean Paul Bradshaw II and Shoshanah Mae Shanes of Lathrop GPM LLP.