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Posted (edited)
On March 31, 2025, the Pennsylvania State Supreme Court upheld lower court opinions that Springfield Armory was not liable for the shooting death of JR Gustafson in a lawsuit brought by his parents and Brady United.

The facts of the case are scattered across several documents. I'll summarize.

On March 20, 2016, 13-year-old JR Gustafson and his 14-year-old friend ("the juvenile") were visiting the home of another of their friends. In that home was a Springfield XD-9. Although there was not a magazine inserted into it, there was still a round in the chamber. The juvenile, in some manner not elucidated, found the firearm and, allegedly believing it to be unloaded, picked it up, pointed it at JR, and pulled the trigger, discharging it and killing JR.

The juvenile admitted to this act and was subsequently found guilty of involuntary manslaughter in juvenile court.

The XD-9 was essentially not altered from its factory configuration and was fully functional in every way. In particular, the XD-9 does not have a magazine disconnect safety.

JR's parents brought a suit in state court claiming that Springfield Armory was liable for JR's death, because the XD-9 was defective due to its lack of a magazine disconnect safety. (PLCAA does not apply to firearms with manufacturing or design defects.) The court dismissed the case on the basis of Springfield Armory's civil immunity under PLCAA, anyway.

On June 10, the Gustafsons asked the US Supreme Court to extend the deadline to file a petition for certiorari from June 29 to July 29.

On June 16, Alito granted the extension. (shadow docket)

Edited by Euler
Posted

IIRC the compromise on the Hughes Amendment was that the gun companies had immunity from this gibberish......if that's the case then its time we get to pay the tax not a tax for a giggle switch.

Posted

Times have changed.

 

In the first gun death I covered doing network news, a similar incident occurred in Chicago but with a tip up barrel Beretta "hidden" in dad's sock drawer. The round in the chamber of this Beretta will not reliably eject when racking the slide, which the young shooter did to clear the weapon, before putting it to his friends temple and pulling the trigger as a joke. BANG. Instant death.

 

It was decided that charging the child or parent would result in additional hardship in an already terrible accident. The gun was confiscated, since it was not registered and thus illegal in Chicago. All were left to grieve and be haunted for as long as such a thing might haunt you...

 

I hope this new legal action, resulting from the carelessness of the owner and child, does not result in having to re-install the magazine disconnect safeties in my High Powers.

 

Keep your guns secure and prevent the hardship of accidents.

 

Cheers,

Tim

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