Judge Deborah Kunselman initially dismissed most of the plaintiffs' arguments, finding their action met the definition of "qualified civil liability" that the law required state and federal courts to immediately dismiss. She did not find in the legislative history of the PLCAA an indication that Congress did not intend to bar suits such as the Gustafsons, and that it explicitly required that in cases such as theirs, the shooter's conviction for involuntary manslaughter, a volitional criminal act, be considered the sole cause of the injury, their allegations of product defect notwithstanding. She also declined to invoke constitutional avoidance and read the statute narrowly to exclude the instant case, as she believed the PLCAA raised constitutional questions as "federal overreach arises (and will continue to arise) in every PLCAA case."[1]