c) The predicate exception does not allow claims based on generally applicable consumer-protection statutes

marketing,” “public nuisance,” and “deceptive trade practices.” Timothy D. Lytton, Tort Claims

Against Gun Manufacturers for Crime-Related Injuries, 65 Mo. L. Rev. 1, 6-50 (2000).

In light of this trend, Congress recognized that the firearms industry was “in danger of

being overwhelmed by the cost of defending itself against these suits.” H.R.REP. NO. 109-124, at

12 (2005). Consequently, Congress enacted the PLCAA to immunize federally licensed firearms

manufacturers and sellers from actions seeking “money damages and other relief for the harm

caused by the misuse of firearms by third parties, including criminals.” 15 U.S.C. § 7901(a)(3).

Congress expressly noted in the law that the manufacture and sale of firearms are already

“heavily regulated by Federal, State, and local laws,” including “the Gun Control Act of 1968,

the National Firearms Act, and the Arms Export Control Act.” Id. § 7901(a)(4). In light of this

existing oversight and control, Congress declared that “[b]usinesses in the United States that are

engaged in interstate and foreign commerce through the lawful design, manufacture, marketing,

distribution, importation, or sale to the public of firearms . . . are not, and should not, be liable

for the harm caused by those who criminally or unlawfully misuse firearm products . . . that

function as designed and intended.” Id. § 7901(a)(5).

The PLCAA generally bars any “qualified civil liability action” from being “brought” in

“any Federal or State court.” 15 U.S.C. § 7902(a). Such actions include claims “brought by any

person against a manufacturer or seller of a qualified product . . . for damages . . . resulting from

the criminal or unlawful misuse of a qualified product by the person or a third party. . . .” Id.

§ 7903(5)(A). All “firearm[s]” are “qualified product[s].” Id. § 7903(4). Likewise, covered

“person[s]” include “any governmental entity.” Id. § 7903(3).

Under the statute, manufacturers and sellers are two distinct categories: Protected

“manufacturer[s]” include companies “engaged in the business of manufacturing the product in

interstate or foreign commerce” and “licensed” to do so under federal law. Id. § 7903(2). By