Defendants may still be able to pull off a 12(b) motion converted to a motion for summary judgment. Federal courts have a fair amount of latitude in this respect--and if there are no allegations as to how this ammo distributor knew that this guy was going to go a rampage, it is susceptible to dismissal. The Protection of Lawful Commerce in Arms Act is also commonly referred to as the "Gun Protection Act" dismissed all current claims against gun manufacturers in both federal and state courts and pre-empted future claims. The law could not be clearer in stating its purpose: "To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for the harm caused solely by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended." There are some narrow exceptions for which liability is allowed, such as actions against transferors of firearms who knew the firearm would be used in drug trafficking or a violent crime by a party directly harmed by that conduct.