Beretta, Bass Pro Immune From Liability in Suit Over Shooting

Bass Pro Outdoor World LLC and Beretta USA Corp. defeated a lawsuit seeking to hold the companies liable for an allegedly defective firearm that was mistakenly discharged.

The companies are immune from liability under the federal Protection of Lawful Commerce in Arms Act, since Marquise Johnson’s friend deliberately pulled the trigger and violated Kansas law when discharging the gun on a public road, Justice Keynen Wall Jr. said in an April 25 opinion for the Kansas Supreme Court.

André Lewis pulled out his Beretta APX at a stoplight, and started showing Johnson how to disassemble the firearm. Lewis, believing the gun wouldn’t fire without the magazine, pulled the trigger. A live round was in the chamber, which struck Johnson and caused his left leg to be amputated above the knee.

Johnson sued Fabbrica d’Armi Pietro Beretta S.p.A., the gun manufacturer; Beretta USA, which imported the gun; and Bass Pro, which sold the gun to Lewis. Johnson alleged the gun was defective because it lacked safety features to prevent it from discharging.

Under the PLCAA, gun manufacturers and sellers are immune from liability in civil suits if the discharge of a weapon was “‘caused by a volitional act that constituted a criminal offense.’” Johnson argued immunity applies “only if the volitional act, apart from the discharge, constitutes a criminal offense,” Wall wrote. Lewis didn’t intend to fire the gun and the trigger pull wasn’t a crime, Johnson said. But Beretta USA and Bass Pro argued immunity under the PLCAA applies when a voluntary act caused the gun to discharge, even if there was no intention to fire it.

A state trial court granted Bass Pro and Beretta USA summary judgment, since Lewis intentionally pulled the trigger, constituting a volitional act. The trial court also concluded the conduct constituted a strict-liability offense, since it was discharged on a public road violating Kansas law. A split state appeals court reversed the district court’s immunity ruling, reasoning that Congress didn’t intend to give firearm sellers immunity in suits over accidental shootings, Wall wrote.

But there’s no dispute that Lewis deliberately pulled the trigger, so the discharge was caused by a volitional act, Wall said. The text of the PLCAA suggests the “pertinent question is not whether the gun’s discharge was volitional, but whether the act causing the discharge was volitional.” Lewis could have chosen not to disassemble the gun, and his mistaken belief that the gun wouldn’t fire doesn’t mean the act was involuntary, Wall said.

And Lewis’ trigger pull is “inextricably linked to the gun’s discharge,” which occurred on a public road in violation of state law, Wall said. It’s also a strict-liability offense, so any dispute over Lewis’ mental state at the time “cannot save Johnson’s lawsuit from the PLCAA’s immunity provision,” Wall wrote.

Chief Justice Marla Luckert and Justices Eric S. Rosen, Caleb Stegall, Evelyn Z. Wilson, and Melissa Taylor Standridge joined the opinion. Justice Dan Biles didn’t participate.

Shamberg, Johnson & Bergman CHTD, Brady United Against Gun Violence, and Helbert & Allemang Law Offices represent Johnson. Livingston Law Firm PC and Foulston Siefkin LLP represent the companies.

Everytown for Gun Safety filed an amicus brief in the case. The organization, which advocates gun-safety measures, is backed by Michael Bloomberg. Bloomberg Law is operated by entities controlled by Michael Bloomberg.

The case is Johnson v. Bass Pro. Outdoor World LLC, 2025 BL 139898, Kan., No. 126,314, 4/25/25.