AG Brown: Firearms Industry Responsibility Act is constitutional; wrongful death suit against Precise Shooter should proceed

Parents allegedly told gun shop their teen child was at risk of self-harm; they sold her a gun anyway

Attorney General Nick Brown has sought leave to file an amicus (or "friend of the court") brief to defend the constitutionality of the 2023 state Firearms Industry Responsibility Act (FIRA) in a King County Superior Court case, Olen v. Precise Shooter. In this case, parents allege that they called Precise Shooter, a gun shop, to beg them not to transfer a gun to their teen daughter, as she was at risk of self-harm. Precise Shooter allegedly refused this request, and she died by suicide shortly after obtaining the weapon from the retailer.

The parents have sued under FIRA, which requires gun sellers to enforce procedures and safeguards to prevent the sale or distribution of a firearm to a person whom the seller has reasonable cause to believe is at substantial risk of using it to harm themselves or others. This is one of the first cases brought under the law. The firearms retailer incorrectly claims that FIRA is unconstitutional under federal law.

While the AG's office isn't a party to this case, the retailer has challenged the constitutionality of a state law, which our office is responsible for defending. Our brief rebuts the retailer's arguments and explains that FIRA is constitutional and aligns with existing federal law.

"Under Washington law, firearm retailers can't ignore people who are reaching out to protect family members who are at imminent risk of self-harm," said AG Brown. "This retailer is not only trying to shirk responsibility for their alleged actions, they're also trying to take away gun safety protections from all Washingtonians, which would open the door for future tragedies like this one."

Precise Shooter argues that FIRA is preempted by the federal Protection of Lawful Commerce in Arms Act (PLCAA). However, PLCAA does not prevent states from passing commonsense gun safety measures like FIRA. The Second Circuit Court of Appeals affirmed the constitutionality of a similar New York state law in 2025. Precise Shooter also argues that FIRA violates the Second Amendment, but the Second Amendment does not guarantee a right to sell guns, a fact that courts have repeatedly affirmed.

The Attorney General's Office supported FIRA's passage in 2023, and will continue to defend commonsense firearms protections against spurious challenges like this one.

Read the brief.