The Kansas Supreme Court ruled that Beretta USA and Bass Pro Shops cannot be held liable for a negligent shooting that resulted in a college athlete losing his leg. The decision hinged on the Protection of Lawful Commerce in Arms Act (PLCAA), which shields firearm manufacturers and sellers from liability when a firearm is misused.
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EMPORIA, KS (2-minute read) — A recent ruling from the Kansas Supreme Court has upheld the dismissal of a lawsuit filed by a former Emporia State University football player who lost his leg in a negligent shooting. The court found that Bass Pro Outdoor World and firearm manufacturer Beretta USA are protected under federal law and cannot be held responsible for the incident.
The shooting occurred in 2018 when Marquise Johnson, then a student-athlete, was riding with teammates after a team dinner. One teammate retrieved a Beretta APX 9mm handgun, purchased from Bass Pro Shops, and attempted to show off his ability to disassemble the firearm. Believing it was safe after removing the magazine, he pulled the trigger — unaware a round was still chambered. The firearm discharged, hitting Johnson in the leg and ultimately leading to an amputation above the knee.
Johnson later filed a lawsuit claiming the handgun lacked essential safety features and that both Beretta and Bass Pro Shops bore responsibility. The lawsuit also pointed to the teammate’s misunderstanding of the firearm’s operation, despite signage on the gun itself that read “FIRES WITHOUT MAGAZINE” and a signed document from Bass Pro acknowledging firearm safety guidelines.
Kansas Supreme Court Cites Federal Immunity Law
The Kansas Supreme Court unanimously upheld a lower court’s ruling, citing the Protection of Lawful Commerce in Arms Act (PLCAA), a federal statute that protects firearm manufacturers and dealers from liability when their products are misused in a crime. Justice K.J. Wall noted that the discharge resulted from a voluntary act — the pulling of the trigger — and that the act occurred on a public roadway, making it a criminal offense under Kansas law.
Because the PLCAA only allows lawsuits in cases where the firearm discharge wasn’t tied to a criminal act, the court concluded that Beretta and Bass Pro Shops were legally immune.
This case highlights the legal protections afforded to firearm manufacturers and sellers in the U.S. and emphasizes the importance of proper training and handling when using a firearm, particularly among younger or less experienced individuals.
Safety Tip: Always treat every firearm as if it is loaded. Never assume a firearm is safe simply because the magazine has been removed — always check the chamber, keep the muzzle pointed in a safe direction, and follow all basic safety rules.
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