Federal 2005 Gun Law Threatens Whitney Robeson Family's Lawsuit Over Antique .22 Revolver
Updated
Updated · Fox News · May 27
Federal 2005 Gun Law Threatens Whitney Robeson Family's Lawsuit Over Antique .22 Revolver
1 articles · Updated · Fox News · May 27
Paul Calli said the Robeson family's wrongful-death case against the gunmaker faces a steep hurdle because the 2005 Protection of Lawful Commerce in Arms Act broadly shields firearms manufacturers from liability.
The family's path would likely depend on proving a defective-product exception, but Calli said that is especially difficult with an antique .22-caliber revolver because its manufacturing safety and design are hard to evaluate.
The civil suit alleges Jeffrey Towers negligently handled the gun and that the revolver lacked safety features to prevent inadvertent discharge; it does not specify damages and does not publicly name the manufacturer.
Jefferson County prosecutors earlier charged Towers, 54, with manslaughter in the March 7 shooting death of 22-year-old Auburn graduate Whitney Robeson; he was released on $30,000 bond and is due back in court July 22.
Calli also said the lawsuit was filed unusually early in the criminal process and could be stayed until the criminal case advances, leaving key factual questions unresolved for now.
Can a century-old firearm design be found legally defective, piercing the gun industry's powerful legal shield?
Is personal firearm insurance becoming the only financial shield for gun owners in a litigious world?