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azurnoir

(45,850 posts)
Sat Dec 13, 2014, 01:32 PM Dec 2014

Parents of Sandy Hook victims planning lawsuit against gunmaker Bushmaster

Source: The Guardian

Parents of some of the victims of the 2012 school shooting in Sandy Hook, Connecticut, will on Monday announce they are suing Bushmaster, the manufacturer of the gun used by Adam Lanza.

They are working with an attorney who represented Michael Jackson’s family in a $1.5bn wrongful death lawsuit against his international concert promoter, and a Democratic lobbyist who worked in the Clinton administration and specialises in taking on major corporations, the Guardian has learned.

Parents of at least 13 of the 20 young children killed in the December 2012 shooting have in the past two weeks opened estates in their names at the regional probate court, a necessary first step in filing a lawsuit over their deaths. Eleven of these sets of parents checked a box specifying that they intended to make a wrongful death claim.

Sunday 14 December, the second anniversary of the killings, also marks the legal deadline for filing a wrongful death lawsuit over the incident in the civil courts. The Hartford Courant reported earlier this week that parents were discussing a legal action against Bushmaster, the North Carolina-based manufacturer of the AR-15 rifle that was used by Lanza.





Read more: http://www.theguardian.com/us-news/2014/dec/13/parents-sandy-hook-victims-lawsuit-gunmaker-bushmaster

380 replies = new reply since forum marked as read
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Parents of Sandy Hook victims planning lawsuit against gunmaker Bushmaster (Original Post) azurnoir Dec 2014 OP
Won't even make it out of the batters box. VScott Dec 2014 #1
I see two attorneys looking for some media attention. Ikonoklast Dec 2014 #10
So nobody should do anything then right. pasto76 Dec 2014 #38
How do the attorneys get past this? GGJohn Dec 2014 #41
Why does closure always seem to involve a lucrative payout? Nt hack89 Dec 2014 #68
A few simple reasons discntnt_irny_srcsm Dec 2014 #262
How much is each YarnAddict Dec 2014 #86
Perhaps they should do something beneficial rather than something futile Freddie Stubbs Dec 2014 #308
for what Duckhunter935 Dec 2014 #2
The Bucks Come From Gun Purchases otohara Dec 2014 #8
I see you forgot to blame the person who did the killing. Ikonoklast Dec 2014 #11
amazing is it not Duckhunter935 Dec 2014 #15
His Mother, His Shrinks otohara Dec 2014 #19
more killed by other means than Duckhunter935 Dec 2014 #30
Always Downplaying Which Gun Is Used otohara Dec 2014 #98
Who here has said this is ok? GGJohn Dec 2014 #103
Just an observation, branford Dec 2014 #111
No, not OK Duckhunter935 Dec 2014 #122
No more and less than "of course the firearm had no relevance... the shooter did it with his bare ha LanternWaste Dec 2014 #296
I disagree. An inanimate object has no agency. Adrahil Dec 2014 #346
We Are All To Blame otohara Dec 2014 #18
"you want nothing done" Duckhunter935 Dec 2014 #13
I see you blame everyone and everything except the actual shooter. GGJohn Dec 2014 #35
This message was self-deleted by its author otohara Dec 2014 #107
Hey, let's start suing Jack Daniels for drunk drivers! Adrahil Dec 2014 #335
This message was self-deleted by its author otohara Dec 2014 #341
Not for the criminal actions of others hack89 Dec 2014 #342
This message was self-deleted by its author otohara Dec 2014 #345
Laws are how we legally define and categorize something hack89 Dec 2014 #347
This message was self-deleted by its author otohara Dec 2014 #348
Here is the problem hack89 Dec 2014 #349
And you can sue the hell outta the person who accidentally fired. Adrahil Dec 2014 #344
Bankrupt the bastards! RoccoR5955 Dec 2014 #3
Can you show us an example of this advertising? Thanks. nt hack89 Dec 2014 #6
By advertising, I include youtube videos RoccoR5955 Dec 2014 #17
I think this is what your friend is getting at... bobclark86 Dec 2014 #36
And those ads advocate mass killings? hack89 Dec 2014 #42
I'm just saying that's what it must be... bobclark86 Dec 2014 #49
Yes indeed she did. And how did that work out for her? calimary Dec 2014 #50
But do those ads promote the shooting of people? GGJohn Dec 2014 #51
Yes. As do ads promoting tactical weapons, sniper rifles, etc. Hoyt Dec 2014 #73
And they ain't promoting shooting people either. GGJohn Dec 2014 #75
I think they promote the subtle message that this is some sort of "solution." calimary Dec 2014 #84
There's lots of other uses for firearms besides shooting people, GGJohn Dec 2014 #89
What did she need the gunz for? (nt) stone space Dec 2014 #157
Recreational target shooting hack89 Dec 2014 #160
Amassing such an arsenal was kind of a... stone space Dec 2014 #161
how many weapons in that arsenal? Duckhunter935 Dec 2014 #163
In hindsight? GGJohn Dec 2014 #164
Well, those with no foresight still have hindsight, I suppose. stone space Dec 2014 #170
Yeah, GGJohn Dec 2014 #172
In light of her son's mental illness, yes. hack89 Dec 2014 #178
I don't see any advertising the shooting of people. GGJohn Dec 2014 #43
How do these promote killing? Duckhunter935 Dec 2014 #44
Interesting how some folks can see this ad... stone space Dec 2014 #280
Most folks, to be accurate. n/t beevul Dec 2014 #315
I'm sure that the ad seems perfectly normal to ammosexuals. (nt) stone space Dec 2014 #316
It seems perfectly normal to most people. beevul Dec 2014 #319
Uh...no. stone space Dec 2014 #320
A poll on an anonymous, admittedly left-leaning, expressly Democratic internet forum, branford Dec 2014 #323
It could be posted in bansalot Duckhunter935 Dec 2014 #330
Uh yes. beevul Dec 2014 #324
Can you post a link to the Bushmaster using advertisement to promote killing? GGJohn Dec 2014 #9
By advertising, you can include youtube videos RoccoR5955 Dec 2014 #16
I think not Duckhunter935 Dec 2014 #21
Yeah, but if they didn't condone them RoccoR5955 Dec 2014 #94
I doubt it Duckhunter935 Dec 2014 #121
Epic Fail. GGJohn Dec 2014 #32
They can't link to one Duckhunter935 Dec 2014 #33
No, but if the manufacturer thinks... RoccoR5955 Dec 2014 #99
Now you're reaaallllyyyyy reaching. GGJohn Dec 2014 #105
In a sane world they would have been sued and bankrupted a long time ago... NoJusticeNoPeace Dec 2014 #52
Sued for what? GGJohn Dec 2014 #53
No RoccoR5955 Dec 2014 #97
Sorry, but that's not a legal defense here. GGJohn Dec 2014 #102
OK Mr Barrister. RoccoR5955 Dec 2014 #104
You can dream all you want, GGJohn Dec 2014 #106
OK Mr. Barrister RoccoR5955 Dec 2014 #109
Your rationale is constitutionally impermissible. branford Dec 2014 #113
not to mention hunting for food Duckhunter935 Dec 2014 #123
I'm am actually a commercial trial lawyer, branford Dec 2014 #110
Section 5A(ii) of the act exempts cases under negligent entrusment Gothmog Dec 2014 #366
The negligent entrustment theory is creative, but entirely unconvincing. branford Dec 2014 #370
on what grounds? Duckhunter935 Dec 2014 #62
You do know, don't you, YarnAddict Dec 2014 #87
The gun was connecticut ban compliant. What negligence would you levy at them? X_Digger Dec 2014 #127
I would state RoccoR5955 Dec 2014 #129
I would state Duckhunter935 Dec 2014 #131
You would state a lie? The primary use of firearms is to collect dust in a gun cabinet.. X_Digger Dec 2014 #132
I would state abe1976 Dec 2014 #269
Sandy Hook topics always brings out the NRA with their false analogies. Knives & pointy sticks have TeamPooka Dec 2014 #334
So the actual death toll is irrelevant? The only thing that matters is what it was designed to do? hack89 Dec 2014 #343
I did not say that, but I like how you try to make a straw man argument. So pathetic. nt TeamPooka Dec 2014 #350
You are the one that dismissed knives as murder weapons hack89 Dec 2014 #351
I merely pointed out knives have non-lethal uses. You have termed that "dismissing them as murder TeamPooka Dec 2014 #352
You gave knife manufacturers a pass in regards to the criminal use of their products hack89 Dec 2014 #353
Your right. Other uses for a gun: It's a replacement for a small penis. TeamPooka Dec 2014 #354
You certainly represent the gun control side well hack89 Dec 2014 #357
An insulting PM and a penis reference hack89 Dec 2014 #359
"BTW, this is why your a bad debater." beevul Dec 2014 #360
Why is it that the pro gun control crowd always, inevitably, fall back on the penis reference? GGJohn Dec 2014 #363
Because its all they have left. N/T beevul Dec 2014 #365
It will be tossed out of court Lurks Often Dec 2014 #4
Oh, you can sue anybody for anything, pretty much, bobclark86 Dec 2014 #39
Best of luck! But I just don't see how a suit like can get anywhere. vkkv Dec 2014 #5
You can always trust lawyers to enrich themselves by exploiting tragedy. nt hack89 Dec 2014 #7
And the NRA and gun makers Doctor_J Dec 2014 #26
Oh how I wish there was an actual hell, there would be an entire wing for them NoJusticeNoPeace Dec 2014 #54
Oh, I could think of some of its members RoccoR5955 Dec 2014 #100
I understand their wanting to make a point, but they'll lose very early in the game. n/t ColesCountyDem Dec 2014 #12
They'll be tied up in court for years bluestateguy Dec 2014 #14
The case will not be in court for years. branford Dec 2014 #108
I can assure you this law firm is not to be under estimated..they're well respected here in Jefferson23 Dec 2014 #20
How is the firearm manufacturer Duckhunter935 Dec 2014 #22
The firm has not stated how they're liable and it is completely up to the families Jefferson23 Dec 2014 #27
I don't see them successfully suing the manufacturer. GGJohn Dec 2014 #40
Bet any way you like. The firm has not stated in what capacity Bushmaster is liable, yet. Jefferson23 Dec 2014 #64
See that's the problem with this frivilous lawsuit, GGJohn Dec 2014 #66
According to you. n/t Jefferson23 Dec 2014 #69
According to the law. GGJohn Dec 2014 #71
uh huh..because you're an attorney and know that wiki has convinced you..evidently, not Jefferson23 Dec 2014 #117
so what is the reason Duckhunter935 Dec 2014 #77
You can't comprehend that you're uninformed due to the fact that the firm has not Jefferson23 Dec 2014 #119
I am not uninformed Duckhunter935 Dec 2014 #128
Like I said, and will repeat once more...they have not stated their reasoning for liability claims. Jefferson23 Dec 2014 #133
nope Duckhunter935 Dec 2014 #134
Why didn't they sue the bat maker? ripcord Dec 2014 #23
They go after who they believe they can make a case..that's how it works. Jefferson23 Dec 2014 #24
+1 BuddhaGirl Dec 2014 #25
I think so..I am very pleased too. n/t Jefferson23 Dec 2014 #28
Couldnt agree more...tell it and tell it loud and often, I say...Thank you, buddhagirl NoJusticeNoPeace Dec 2014 #56
You do realize this lawsuit will go absolutely nowhere don't you? GGJohn Dec 2014 #60
Might as well go after the NRA while they're at it... blkmusclmachine Dec 2014 #29
That wouldn't be such a bad idea. RoccoR5955 Dec 2014 #101
"Forces of Opposition, Bow Down." stone space Dec 2014 #31
"Truly the most versatile and adaptive rifle ever conceived" BuddhaGirl Dec 2014 #34
Not one ACR has ever been used to kill anyone, anywhere, at any time. Ever. Ikonoklast Dec 2014 #55
Truly disgusting toy... NoJusticeNoPeace Dec 2014 #57
Not a toy. GGJohn Dec 2014 #63
Military-styled firearms are treated by way too many as elaborate, lethal toys. Paladin Dec 2014 #112
Although I won't disagree that some treat guns as "barbies for me" Adrahil Dec 2014 #336
not a toy Duckhunter935 Dec 2014 #65
It's obnoxious and sickening BuddhaGirl Dec 2014 #67
Yes, indeed. sick sick sick NoJusticeNoPeace Dec 2014 #70
Not really, that's a pretty cool looking rifle. GGJohn Dec 2014 #72
but it looks scary Duckhunter935 Dec 2014 #78
Great thing about the AR platform Duckhunter935 Dec 2014 #46
It certainly has been proven effective with school children. (nt) stone space Dec 2014 #48
any object can be misused Duckhunter935 Dec 2014 #61
Yeah, get back to us on that one...... Paladin Dec 2014 #168
Do you support banning any type of gun that could used in a Sandy Hook type shooting? hack89 Dec 2014 #180
Long on rhetoric and short on honest answers to hard questions. beevul Dec 2014 #314
How many people die each year due to alcohol abuse? Adrahil Dec 2014 #337
About time. What grounds? grahamhgreen Dec 2014 #37
No real legal grounds. Mixture of emotion and lawyer greed hack89 Dec 2014 #45
none, I think Duckhunter935 Dec 2014 #47
Shaky, at best, given the absurd way our laws protect these manufacturers of death. NoJusticeNoPeace Dec 2014 #58
Gun manufacturers have the same rights as every other manufacturer hack89 Dec 2014 #59
They've been successful against bars, why not lethal weapons promoters? Hoyt Dec 2014 #74
The bars are more like gun dealers - they have direct contact with the purchaser hack89 Dec 2014 #76
They produced it and made it to excite gun lovers.. They knew exactly Hoyt Dec 2014 #79
So? GGJohn Dec 2014 #82
If that was the case you would think there would be a huge spike in deaths due to rifles hack89 Dec 2014 #88
Depends on your definition of "spike" and whether they use the AR or Hoyt Dec 2014 #115
Most people consider "spike" to mean "sharply increase" in this context friendly_iconoclast Dec 2014 #118
How about any increase regardless of gun type hack89 Dec 2014 #120
Lots of sick folks have been buying them, and practicing to shoot people. Hoyt Dec 2014 #130
Yet they don't appear to be actually shooting real people in increased numbers hack89 Dec 2014 #288
Handguns do concern me, but not your gun buddies. They keep adding to their collection and strappin Hoyt Dec 2014 #310
But even then the number of deaths is steadily decreasing hack89 Dec 2014 #317
Because of factors like better surveillance, aging population, etc. Hoyt Dec 2014 #332
So you admit that more guns doesn't equal more shootings? GGJohn Dec 2014 #333
So you are blaming the Patriot Act for less violent crime? hack89 Dec 2014 #338
Then sue the firearms dealer Duckhunter935 Dec 2014 #81
There is a defect-- the guns are made to excite users' baser instincts. Hoyt Dec 2014 #85
That's not a defect that can be legally used in any lawsuit. GGJohn Dec 2014 #91
Belief in animism is strong amongst gun control advocates friendly_iconoclast Dec 2014 #95
LMAO. You guys can't walk out the door without a gun strapped to your body. Hoyt Dec 2014 #114
I don't own a gun. Your remote viewing abilities are on a par with your cosmology friendly_iconoclast Dec 2014 #116
I have firearms Duckhunter935 Dec 2014 #124
I don't carry a gun. beevul Dec 2014 #235
Apparently you are not aware of... malokvale77 Dec 2014 #186
It's still not a defense that will work against firearms manufacturers. GGJohn Dec 2014 #189
Never say never. malokvale77 Dec 2014 #190
Not in this case, GGJohn Dec 2014 #192
First of all... malokvale77 Dec 2014 #198
My bad. GGJohn Dec 2014 #199
No harm, no foul. malokvale77 Dec 2014 #201
Do you realize that the "affluenza" case was a criminal matter branford Dec 2014 #196
Yes I do malokvale77 Dec 2014 #197
Nonsense like that is usually heard in regards to metal bands... friendly_iconoclast Dec 2014 #93
You know what excites my baser instincts far more than any of my thirty-nine firearms? sir pball Dec 2014 #137
Sounds to me this ad was aimed at folks just like you. Hoyt Dec 2014 #147
Ahhh, you're so cute. GGJohn Dec 2014 #148
That's a gun. That does nothing for me. I said that, pretty clearly. Now, where's the bike?! sir pball Dec 2014 #149
OK.. It takes 39 to get you excited. Hoyt Dec 2014 #150
Nah, it's just a collection. Most of them are nice and old fashioned, I just liked them. sir pball Dec 2014 #152
Cool video, GGJohn Dec 2014 #151
Going to watch the big drags was amazing. sir pball Dec 2014 #153
God, I remember when NHRA used to allow us to stand right there on the side of the track GGJohn Dec 2014 #154
I got snuck in to the line when I was a kid sir pball Dec 2014 #155
Good times my friend, GGJohn Dec 2014 #156
That idiot is Duckhunter935 Dec 2014 #166
The only person likely to get killed in that video is the rider himself. EX500rider Dec 2014 #206
yes and no Duckhunter935 Dec 2014 #210
Why this lawsuit will fail KinMd Dec 2014 #80
readiing the story Duckhunter935 Dec 2014 #83
The guns were bought legally by Nancy Lanza KinMd Dec 2014 #90
Yep, and that's why this lawsuit will fail. GGJohn Dec 2014 #92
Yep Duckhunter935 Dec 2014 #125
This case will go nowhere fast. branford Dec 2014 #96
Thank you Duckhunter935 Dec 2014 #126
I've seen Boeing get successfully sued a number of times Blue_Tires Dec 2014 #270
have they had Duckhunter935 Dec 2014 #274
There are actually specific laws and treaties that deal with airline liability branford Dec 2014 #286
A hint at where they may be going with this lawsuit, from Koskoff in 2013: Jefferson23 Dec 2014 #135
Yeah, no, they're going to lose this lawsuit big time. GGJohn Dec 2014 #136
An interesting theory that is, at best, premature and will go nowhere fast. branford Dec 2014 #139
Yea, I read your opinion and the other pro gun rights advocates in this thread. Jefferson23 Dec 2014 #140
I'm not a "pro gun rights advocate." branford Dec 2014 #141
You're not, eh? Interesting take you have. Yes, I noticed how often you have mentioned Jefferson23 Dec 2014 #143
Advice I got from an old attorney when I first started: COLGATE4 Dec 2014 #146
Just so you know LostOne4Ever Dec 2014 #159
Except they won't succeed with this case. GGJohn Dec 2014 #142
How does that address the Op-Ed he wrote? What makes you think he is not aware of the law? Jefferson23 Dec 2014 #144
What I find difficult to understand is that these blood sucking lawyers GGJohn Dec 2014 #145
Blood sucking lawyers and you support laws designed to protect the arms manufacturer. Jefferson23 Dec 2014 #158
Same laws that protect the automobile industry, GGJohn Dec 2014 #162
The automobile industry is not protected that way, that is absurd to even suggest. Jefferson23 Dec 2014 #165
So you're telling us that the auto industry can be sued because someone uses GGJohn Dec 2014 #167
I think you're lost as to what the Op-Ed Koskoff wrote is suggesting...they are not going after the Jefferson23 Dec 2014 #169
I read the op-ed and even they admit that the chance of a successful GGJohn Dec 2014 #171
Again, Koskoff admits no such thing..that is the opinion of the blog host, who acknowledges Jefferson23 Dec 2014 #173
As I said, the law is crystal clear on this GGJohn Dec 2014 #174
They don't agree with you...thankfully. n/t Jefferson23 Dec 2014 #175
Fine , they don't agree, GGJohn Dec 2014 #176
You're certainly free to root for the Remington Outdoor Company..no law against that. n/t Jefferson23 Dec 2014 #177
"They believe themselves largely immune from product liability lawsuits"... VScott Dec 2014 #179
Blame the Brady family..how nice of you. You're part of the problem, not the Bradys. Jefferson23 Dec 2014 #191
Not the Brady family, the Brady Org. GGJohn Dec 2014 #194
Since when is the Brady family not supportive of the Jefferson23 Dec 2014 #195
There are many products that are not lancer78 Dec 2014 #331
Wish they'd sue Alex Jones for instigating harassment of victims' families Adenoid_Hynkel Dec 2014 #138
Gunner trash rejoice that these families have no recourse alcibiades_mystery Dec 2014 #181
Nobody's rejoicing here, GGJohn Dec 2014 #182
you were alerted on. malokvale77 Dec 2014 #183
Jury Results: 99Forever Dec 2014 #184
I would laugh, but the whole damn thing is too sad alcibiades_mystery Dec 2014 #185
I was Juror #3. 99Forever Dec 2014 #188
You do realize that there are many Democratic and very liberal gun owners branford Dec 2014 #193
I realize that I and many others are damn tired of being held hostage... 99Forever Dec 2014 #200
How civil of you Duckhunter935 Dec 2014 #204
Don't care. 99Forever Dec 2014 #218
Like the President Duckhunter935 Dec 2014 #222
A swing and a miss. 99Forever Dec 2014 #224
and how is that? Duckhunter935 Dec 2014 #228
I've been called a "gungrabber" here on multiple occasions. stone space Dec 2014 #271
that ranks right up there with shithead and murderer Duckhunter935 Dec 2014 #273
Let's be clear on what is meant by the epithet, "gungrabber". stone space Dec 2014 #277
As a rule, I don't interact with gunner trash alcibiades_mystery Dec 2014 #207
yes like not calling people names like shithead and trash Duckhunter935 Dec 2014 #211
Very revealing, GGJohn Dec 2014 #214
correct Duckhunter935 Dec 2014 #217
What a bucket of nonsense. beevul Dec 2014 #219
Save for your gunner pals... 99Forever Dec 2014 #221
Youre entitled to your opinion... beevul Dec 2014 #226
You damn straight I'm entitled to my opinion. 99Forever Dec 2014 #230
and so are we Duckhunter935 Dec 2014 #233
You're held hostage by the NRA, branford Dec 2014 #234
I for one Duckhunter935 Dec 2014 #225
it is sad Duckhunter935 Dec 2014 #203
Not every criminal act provides ready or easy civil recourse. branford Dec 2014 #187
link to one just one Duckhunter935 Dec 2014 #202
They were sued by the Beltway sniper victims and settled BeyondGeography Dec 2014 #205
You're forgetting that the DC Sniper killings took place in 2002, before the passage of GGJohn Dec 2014 #208
That didn't keep Cerberus from dropping the co. like a hot potato BeyondGeography Dec 2014 #209
Irrelevant. GGJohn Dec 2014 #212
We'll see BeyondGeography Dec 2014 #213
Oh I very much doubt that they're squirming, GGJohn Dec 2014 #216
Squirming? The level of armchair lawyering is outrageous. branford Dec 2014 #232
They'll squrm for non-legal reasons BeyondGeography Dec 2014 #242
Firearm sales skyrocketed after Newtown, including in blue CT, branford Dec 2014 #265
So did bans of the AR 15 BeyondGeography Dec 2014 #266
I'm well aware of New York law and politics. branford Dec 2014 #268
I remember that..recalling Bushmaster at the time: Jefferson23 Dec 2014 #215
Wall Street Firm Hasn't Sold Off AR-15 Maker Despite Newtown Promise Duckhunter935 Dec 2014 #220
How awesome for you guys...touche. n/t Jefferson23 Dec 2014 #231
I love this part... beevul Dec 2014 #223
Wrong, you might want to do some research Lurks Often Dec 2014 #227
and make lots of money on it. Duckhunter935 Dec 2014 #229
Do you thank George W. Bush, also? stone space Dec 2014 #281
Might want to look in the mirror Lurks Often Dec 2014 #282
Look in the mirror? stone space Dec 2014 #283
It means that gun control extremists Lurks Often Dec 2014 #284
What does this have to do with thanking George W. Bush? stone space Dec 2014 #285
You missed the point. branford Dec 2014 #287
I think it was posted to me by mistake. stone space Dec 2014 #289
No mistake Lurks Often Dec 2014 #290
OK, a comment posted to a random gun control advocate... stone space Dec 2014 #292
A USA gun control extremist is just a normal person in most of the civilized world NoJusticeNoPeace Dec 2014 #302
USA gun control extremists are usually rude Lurks Often Dec 2014 #306
Rude LOL oh my god, the people who are against guns slaughtering people are the rude NoJusticeNoPeace Dec 2014 #311
Get back to me when you have a realistic plan to change things Lurks Often Dec 2014 #313
Are you under the impression that being "against guns slaughtering people" makes one incapable... beevul Dec 2014 #321
Once bitten... VScott Dec 2014 #238
snip* No other industry in the country benefits from such special legal protection. Jefferson23 Dec 2014 #236
How are the practices of the firearms industry negligent? GGJohn Dec 2014 #237
No industry should be afforded such protection under the law..they have gained Jefferson23 Dec 2014 #239
You said the industry is negligent, I asked how, GGJohn Dec 2014 #240
Where did I say they were negligent? In regards to what..their lack of safety measures? Jefferson23 Dec 2014 #241
I'm sorry, you didn't say they were negligent, GGJohn Dec 2014 #244
A special priviledge law to protect gun manufacturers, designed by Jefferson23 Dec 2014 #246
Cities attempting to do an end run around the 2A by using SLAPP suits GGJohn Dec 2014 #248
You imagine they would allow themselves to be sued into oblivion? You can't be serious. Jefferson23 Dec 2014 #250
but that is not what the objective was Duckhunter935 Dec 2014 #255
I don't know that to be an accurate account of their end goal. Reagrdless, the gun lobby Jefferson23 Dec 2014 #258
If this current lawsuit is evident of anything... VScott Dec 2014 #243
Repugnant opinions like yours are rampant in this thread. Jefferson23 Dec 2014 #245
"any day now" Duckhunter935 Dec 2014 #247
You can read, correct? So don't quote me and then get it wrong. Those are your words, not mine. Jefferson23 Dec 2014 #249
never said they were your words did I? Duckhunter935 Dec 2014 #251
Then don't use quotes in your response..would appreciate that. n/t Jefferson23 Dec 2014 #252
quote was from other DU members Duckhunter935 Dec 2014 #253
You're not being asked to censor yourself..you are being asked to be accurate...not hard.n/t Jefferson23 Dec 2014 #254
"Then don't use quotes in your response..would appreciate that" Duckhunter935 Dec 2014 #256
You're serious? ok..it means, I would appreciate you not misquoting me. n/t Jefferson23 Dec 2014 #257
well, since I did not quote you in the first place Duckhunter935 Dec 2014 #261
THE TIDE IS TURNING!!! VScott Dec 2014 #259
Do you guys freak out over every single mention that your control of the Congress Jefferson23 Dec 2014 #260
"Freaking out" am I (we) now? VScott Dec 2014 #263
More relaxation, repealing of existing gun control laws, etc. Jefferson23 Dec 2014 #264
yup, gun humping freaks WON Skittles Dec 2014 #380
Some industries have received protections similar to the PLCAA branford Dec 2014 #267
Um...Tobacco? stone space Dec 2014 #275
I mentioned tobacco companies in a previous post VScott Dec 2014 #299
Make the gun manufacturer explain mmonk Dec 2014 #272
They do not control magazine size Duckhunter935 Dec 2014 #276
Have them explain it. mmonk Dec 2014 #278
Why should they have to explain anything? GGJohn Dec 2014 #293
A lawyer will not be seeking that approach. mmonk Dec 2014 #297
They can try to seek that approach, but it will fail. GGJohn Dec 2014 #298
That is where we disagree. I think it will mmonk Dec 2014 #301
The PLCAA is pretty clear on this, GGJohn Dec 2014 #303
No one is claiming it is a defect. mmonk Dec 2014 #339
That aftermarket manufacturers Duckhunter935 Dec 2014 #329
So the real suit should be against the magazine maker hack89 Dec 2014 #291
The state of Connecticut, through their AWB, said the number of rounds fired was legal hack89 Dec 2014 #294
I'm just gonna hide from the inevitable shit-storm between... Odin2005 Dec 2014 #279
Regardless of outcome, I see this as a positive action LanternWaste Dec 2014 #295
The litigants reasoning for suing Bushmaster VScott Dec 2014 #300
Yeah, that's going to be laughed out of court real fast. GGJohn Dec 2014 #304
The case has been filed and the complaint is available online. branford Dec 2014 #305
Judging by what I'm reading in you post, GGJohn Dec 2014 #307
It has the potential to backfire. branford Dec 2014 #309
With the challenges to the NY & CT gun controls having been heard by the 2nd Circuit of Appeals Lurks Often Dec 2014 #312
If I had to guess, branford Dec 2014 #318
Case was filed in state court with non-diverse instate necessary party defendants Gothmog Dec 2014 #367
It will end up in federal court if not tossed out Lurks Often Dec 2014 #369
There is no diversity or federal question Gothmog Dec 2014 #372
Since neither Bushmaster or the distributor have a presence in CT Lurks Often Dec 2014 #374
You have to have complete diversity for diversity jurisdiction Gothmog Dec 2014 #376
I'm going to side with the trial attorney who has already posted Lurks Often Dec 2014 #379
"met all federal regulations and CT's assault weapons ban standards" wordpix Dec 2014 #322
CT's Assault weapons standards has more to do with the design and features of the weapon, GGJohn Dec 2014 #325
Assuming you story is accurate, how does it affect my legal analysis? branford Dec 2014 #326
nothing wrong with your analysis, just saying don't look to the state wordpix Dec 2014 #355
Discussing AR15's is a red herring. branford Dec 2014 #356
open carrying with no one checking permits is illegal in CT wordpix Dec 2014 #362
If the area is a lawful gun range, I assume the open carry would be perfectly legal branford Dec 2014 #364
Such bans almost always have exemptions.... Adrahil Dec 2014 #340
Questions, counselor. VScott Dec 2014 #327
I do not believe that the lack of reference to the PLCAA is a defect in the complaint, branford Dec 2014 #328
If negligent entrustment cases are exempted from PLCAA then why would pleading mention this? Gothmog Dec 2014 #368
I give no credence to loonies with conspiracy theories. branford Dec 2014 #371
The relevant exemption is Section 5A(ii) Gothmog Dec 2014 #373
Who did Bushmaster negligently entrust to? branford Dec 2014 #375
I read Prof. Volokh's article and he does not address the statutory issue Gothmog Dec 2014 #377
I, too, do not practice in CT, and am uncertain as to whether interlocutory appeals are allowed. branford Dec 2014 #378
Wonder if they realize the firearms weren't sold to the shooter? ileus Dec 2014 #358
FYI, here is a recent analysis of the lawsuit from Eugene Volokh at the WP. branford Dec 2014 #361
 

VScott

(774 posts)
1. Won't even make it out of the batters box.
Sat Dec 13, 2014, 01:39 PM
Dec 2014

It's the lawyers that are suckering them into this.

Good to see that at least 7 of the parents still have some dignity and
honor not to fall for this bull shit.

Ikonoklast

(23,973 posts)
10. I see two attorneys looking for some media attention.
Sat Dec 13, 2014, 02:15 PM
Dec 2014

This suit is a non-starter going nowhere.


Might as well sue automakers for deaths caused by drunk drivers.

pasto76

(1,589 posts)
38. So nobody should do anything then right.
Sat Dec 13, 2014, 03:51 PM
Dec 2014

and I thought I was cynical. Nevermind all those parents who, in light of Americas(!) apathy need some kind of closure. DO you even believe they were killed or do you believe it was a 'false flag' attack?

the attorneys described in the article probably have plenty of attention already, and probably plenty of bank. NObody is going to take on the manufacturers unless they actually believe gun shit is out of control

discntnt_irny_srcsm

(18,482 posts)
262. A few simple reasons
Sun Dec 14, 2014, 10:53 PM
Dec 2014

Anyone suffering an unjust loss would like to find a party to blame and punish them. Vigilantism is illegal.
Retaining an attorney and suing may in some cases may be motivated by the same spirit.


Now and then folks do something that improves the world but mostly they just get angry and rightly so. Megan Kanka’s parents, Maureen and Richard, got angry, wanted to die and had every reason to feel all of those things.

http://www.nydailynews.com/news/crime/parents-girl-inspired-megan-law-recall-tragedy-article-1.1881551

They found another way to deal with Megan's murder.


I don't have any ideas. I wish I did. That shooting was a terrible loss.

 

YarnAddict

(1,850 posts)
86. How much is each
Sat Dec 13, 2014, 05:20 PM
Dec 2014

of those precious lives worth?

This is just a stunt. You can't put a dollar amount on anyone's life. Trying to do so just makes a mockery out of the very idea of justice.

Furthermore, no amount of money that the manufacturer's insurance ends up paying is going to hurt the gun manufacturer at all.

 

otohara

(24,135 posts)
8. The Bucks Come From Gun Purchases
Sat Dec 13, 2014, 02:10 PM
Dec 2014

background checks every 3 seconds on the the big shopping day marketed as Black Friday. The bucks come from more gun sales after anytime anyone dares mention what should possibly be done to curtail our MTWTFSS Death problem in our awesome country.

You say frivolous because you want nothing done and blame lawyers when really it's a dozen parents who will grieve for the rest of their lives, reliving the horror of their kids having their limbs shot off.

Even when the parents try to do something/anything and here comes the same old shit talking points. Frivolous and blaming lawyers.


I blame the NRA, wing-gun-nuts and a violent nation bent on continuing our violent past. No solutions America - we can't do shit to save the thousands who get killed each and every year by guns because know it's all so fucking frivolous and many of you like it that way.



Ikonoklast

(23,973 posts)
11. I see you forgot to blame the person who did the killing.
Sat Dec 13, 2014, 02:17 PM
Dec 2014

You know, the person actually responsible for those deaths.

 

otohara

(24,135 posts)
19. His Mother, His Shrinks
Sat Dec 13, 2014, 02:39 PM
Dec 2014

and a society that thinks giving kids guns is a good idea and could care less how many die each year by "rifles"

Can't contemplate shooting the arms of children off unless you have the guns, parents and bucks to do it.

 

Duckhunter935

(16,974 posts)
30. more killed by other means than
Sat Dec 13, 2014, 03:22 PM
Dec 2014

"rifles". Rifles are the least used of firearms in crime.

It should be an individual decision and in a lot of cases children supervised handling firearms, even rifles can be very safe.

 

otohara

(24,135 posts)
98. Always Downplaying Which Gun Is Used
Sat Dec 13, 2014, 05:48 PM
Dec 2014

to achieve the same result - DEAD

Is it okay for police to do this or should they use other means when it comes to controlling protesters?







 

branford

(4,462 posts)
111. Just an observation,
Sat Dec 13, 2014, 06:22 PM
Dec 2014

but the firearms in the photo are not rifles, but rather shotguns, the preferred self-defense tool recommended by Vice-President Biden.

In light of the officers other equipment and posture, as well as the orange-colored fore-end on the weapons, the shotguns are also almost definitively loaded with less-than-lethal munitions for the safety of the protesters and officers.

FYI, see http://policemarksman.com/2013/09/10/bullseye-the-less%E2%80%90lethal-shotgun/

 

LanternWaste

(37,748 posts)
296. No more and less than "of course the firearm had no relevance... the shooter did it with his bare ha
Mon Dec 15, 2014, 02:06 PM
Dec 2014

"Of course he did not do it, the rifle did it all by itself."

No more and less than "of course the firearm had no relevance... the shooter did it with his bare hands.

Six of one, half a dozen of the other.

 

Adrahil

(13,340 posts)
346. I disagree. An inanimate object has no agency.
Tue Dec 16, 2014, 01:00 PM
Dec 2014

It cannot form intent. If I load a gun and stick it in my gun safe, it will stay there pretty much forever. It won't shoot anyone. Ever. It cannot make decisions. It cannot act on its own.

OTOH, a person with murderous intent can choose any number of tools to get the job done. You can arbitrarily decide where to draw the line at the efficiency of killing tools. But the line IS arbitrary, and if you do, you may well just wind up chasing that line as happened in Britain, where a man was put in JAIL for bringing a .22LR round he found in his garden to a police station. All in the name of public safety doncha know.

 

otohara

(24,135 posts)
18. We Are All To Blame
Sat Dec 13, 2014, 02:34 PM
Dec 2014

for our complicity in our policies that allows any nutcase to purchase hoards of guns.

We just let the killing continue - who's fault is that?

 

Duckhunter935

(16,974 posts)
13. "you want nothing done"
Sat Dec 13, 2014, 02:19 PM
Dec 2014

prove that statement or apologize. You are just plain wrong. They will not get anywhere with this because it was a legal AWB compliant rifle that was legally purchased and background check was completed upon purchase. The rifle was stolen from the legal owner when the criminal son killed his mother.

I am all for universal background checks. As you know this was done in this case. Connecticut also continued the AWB as state law when the federal law expired.

So what should be the reason for going after the manufacturer? They are not liable for crimes committed with a product just as a car manufacturer is not liable for damages done by a stolen vehicle used in a criminal act.

Response to GGJohn (Reply #35)

 

Adrahil

(13,340 posts)
335. Hey, let's start suing Jack Daniels for drunk drivers!
Tue Dec 16, 2014, 07:40 AM
Dec 2014

While we're at it, let's sue Ford too!

Response to Adrahil (Reply #335)

hack89

(39,171 posts)
342. Not for the criminal actions of others
Tue Dec 16, 2014, 12:50 PM
Dec 2014

they have never been sued for not having a design feature that was not required by state or federal law.

That is the issue here - the gun manufacturer has not only not broken any laws but their rifle complied with one of the most stringent AWBs in the country.

Response to hack89 (Reply #342)

hack89

(39,171 posts)
347. Laws are how we legally define and categorize something
Tue Dec 16, 2014, 01:11 PM
Dec 2014

the state of CT decided that an AR-15 absent certain cosmetic features was not an "assault weapon".

Response to hack89 (Reply #347)

hack89

(39,171 posts)
349. Here is the problem
Tue Dec 16, 2014, 01:41 PM
Dec 2014

for all the talk about military style weapons, strip away all the plastic furniture and all you have is a semiautomatic rifle. Semiautomatic rifles are very old technology that have been available to civilians for nearly a century.

Caliber of bullet and rate of fire are all that matters when talking about lethality. There is nothing unique about military style rifles that allow a bright line to be drawn between military and civilian rifles. There are plenty of non-military rifles out there that are just as lethal as an AR-15.

We got to this point because of a deliberate choice by gun control advocates in the 1990s when they were pushing the first assault weapon ban. They decided to blur the lines between fully automatic military rifles and semiautomatic civilian models to create a moral panic and get the AWB passed. The AWB would then be the first step in getting stricter laws regulating handguns. But the law was so poorly written (because "assault weapon" was a made up term with no actual technical meaning) because they didn't want a blanket ban on all semiautomatic rifles (only the evil military ones). Since the only difference was cosmetic features, the ban was simply a list of banned cosmetic features. The gun manufacturers simply removed those features and kept on selling AR-15s.

 

Adrahil

(13,340 posts)
344. And you can sue the hell outta the person who accidentally fired.
Tue Dec 16, 2014, 12:53 PM
Dec 2014

And you should certainly be able to sue for a design flaw that makes an accidental shooting possible (as opposed to a negligent discharge). But the idea of blaming the maker of an inanimate object for a person's BEHAVIOR is ludicrous.

 

RoccoR5955

(12,471 posts)
3. Bankrupt the bastards!
Sat Dec 13, 2014, 02:02 PM
Dec 2014

We already have too many guns, and too much violence in society today. When a company like this uses this in its advertising to promote killing, they should be held responsible for the repercussions of said advertising.

bobclark86

(1,415 posts)
36. I think this is what your friend is getting at...
Sat Dec 13, 2014, 03:48 PM
Dec 2014


Yes, that's a real Bushmaster advertising campaign. You're not a "MAY-YUN!" unless you have a fancy piece of plastic and aluminum (yes, that means George Washington, Robert E. Lee, John L. Sullivan and Teddy Roosevelt weren't men).

hack89

(39,171 posts)
42. And those ads advocate mass killings?
Sat Dec 13, 2014, 04:02 PM
Dec 2014

Don't think so. Beside a woman purchased and owned the rifle used at Sandy Hook

bobclark86

(1,415 posts)
49. I'm just saying that's what it must be...
Sat Dec 13, 2014, 04:20 PM
Dec 2014

Because that's their biggest ad campaign in years, so if it's not that, then your buddy (the poster you commented on) is full of crap.

Stupid ads? Yup. Insensitive and misogynistic? Yuppers. Mass murder? Not so much.

GGJohn

(9,951 posts)
51. But do those ads promote the shooting of people?
Sat Dec 13, 2014, 04:25 PM
Dec 2014

No, they don't and if these parents are listening to these attorneys telling them that they can successfully sue Bushmaster for the criminal misuse of their product, then shame on those lawyers.

 

Hoyt

(54,770 posts)
73. Yes. As do ads promoting tactical weapons, sniper rifles, etc.
Sat Dec 13, 2014, 04:57 PM
Dec 2014

They ain't promoting peace on earth.

calimary

(81,440 posts)
84. I think they promote the subtle message that this is some sort of "solution."
Sat Dec 13, 2014, 05:17 PM
Dec 2014

It's like the car commercials or the beer party commercials, or even the damn Viagra commercials with the sexy undulating woman. They don't say it outright. But the message is - buy this (car, booze, med) and you can fuck this girl! That's ALL any ads promote. Buy this and you'll fill-in-the-blank-here to alleviate your own inadequacy. You'll get laid, you'll get thin, you'll get rich, you'll get popular, you'll get girls, you'll get sex appeal, you'll get safe, you'll get security, YOU will be the alpha, etc etc etc. That's all ads do. My dad was a salesman. I learned it at his knee. That was ALWAYS the message. It's never just simplistic. There's always a loaded insinuation in there. It's never just about - buy this, just to buy it and shell out some money for it. There is always an ulterior message - buy this and you'll get ______ . Or you'll be ______ . There's always an implied cause-and-effect. Why do you think every calendar hanging in any mechanic's garage, promoting whatever tool or carburetor or spark plug - is loaded with sexy girls? There's a subliminal message. Buy this and you'll REALLY get that. Whatever the "that" is.

I'm certain Mom in that case thought she'd be reeeeeeeeaaaal safe, and reeeeeeeal badass if she had that Bushmaster. Nobody'll mess with MOI!!! Nobody will be the boss of ME!!!!

Unfortunately, when it's guns that are being advertised, what else is to be done with them but shooting someone? Guns, okay? Does one clean silver with them? Does one do laundry with them? Are they economical at the gas pump? Do you take one and your headache goes away? Or your arthritis? Well, maybe your erectile dysfunction, but that wouldn't apply to her anyway. Do they taste good - and make good gravy? Do you serve them with beef, poultry, or fish? Do they insure your car for less? Guns. Okay? They're designed to shoot, and damage or maim or disable or kill. They're not designed to fire confetti, okay? I once had them described to me by a gun store owner as "an attitude adjustment device." They're a weapon. An OFFENSIVE weapon. She probably felt they'd make her safe. For her, evidently, they were designed to shoot somebody. Presumably some imaginary boogie man. Hell, she LIVED with the boogie man! She birthed him and brought him up! And probably never dreamed that he'd ever be "that" bad. Naaah, s'not gonna happen.

How many times have I heard, coming out of cocky and self-satisfied and complacent mouths - "s'not gonna happen." And despite those rock-solid confident assurances to the contrary, it invariably DOES.

GGJohn

(9,951 posts)
89. There's lots of other uses for firearms besides shooting people,
Sat Dec 13, 2014, 05:32 PM
Dec 2014

I use mine to hunt, kill predators attacking my livestock, target shooting, etc.

And if you think Bushmaster can be sued for the criminal misuse of their product, I leave you to read this:


http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act

 

Duckhunter935

(16,974 posts)
163. how many weapons in that arsenal?
Sun Dec 14, 2014, 10:37 AM
Dec 2014
The following is a complete accounting of all the firearms, magazines, and ammunition that was available to Adam Lanza on December 14, 2012. All of this material had been legally purchased by Nancy Lanza.

FIREARMS

Taken to Sandy Hook Elementary:

Izhmash Saiga 12-gauge semiautomatic shotgun
Bushmaster Model XM15-E2S .223-caliber semiautomatic rifle
Glock 20 10mm semiautomatic handgun
Sig Sauer P226 9mm semiautomatic handgun

Found in Lanza Home:

Savage Mark II bolt-action .22-caliber rifle
Enfield Albian bolt-action .323-caliber rifle
Volcanic .22-caliber starter pistol


http://csgv.org/blog/2013/adam-lanza-took-didnt-take-sandy-hook-elementary/


3 rifles of different calibers and type, 1 shotgun, 2 pistols different caliber and size

Not an arsenal but differing weapons used different purposes and target shooting.
 

stone space

(6,498 posts)
170. Well, those with no foresight still have hindsight, I suppose.
Sun Dec 14, 2014, 10:54 AM
Dec 2014
In hindsight?


I'm not sure that her hindsight did her much good, however.

A little foresight would have worked better.

hack89

(39,171 posts)
178. In light of her son's mental illness, yes.
Sun Dec 14, 2014, 12:51 PM
Dec 2014

but that has absolutely nothing to do with gun makers advertising.

I certainly don't own guns because of advertising.

 

beevul

(12,194 posts)
319. It seems perfectly normal to most people.
Mon Dec 15, 2014, 04:31 PM
Dec 2014

It only *offends* people that don't like guns, with prejudice.

And that particular demographic, among whos numbers you surely count yourself, is a tiny, ineffectual, sliver of the bigger pie.


In simpler terms, just to make sure you understand, stony, people that don't like guns with prejudice, the sort that are *OFFENDED* by that AD, are nowhere near being anything that could be accurately described as "mainstream".

The *mainstream* view of that ad, is this:








 

branford

(4,462 posts)
323. A poll on an anonymous, admittedly left-leaning, expressly Democratic internet forum,
Mon Dec 15, 2014, 04:46 PM
Dec 2014

is not in any way indicative of what is considered mainstream in American culture, regardless of the issue.

Such a poll may be interesting and provoke discussion, but it most certainly is not remotely scientific or determinate of whether something is mainstream or not in the USA. Mainstream is not defined as that which agrees with a majority of voters on a poll on DU.

However, if you believe such a poll would be valuable, I encourage you to post. However, I would recommend it be posted in the GC & RKBA Sub-Forum to comply with DU rules concerning firearm posts in LBN and GD.

 

beevul

(12,194 posts)
324. Uh yes.
Mon Dec 15, 2014, 04:48 PM
Dec 2014
"But I'd be happy to start a OP on the ad with a poll attached if you would like."


And after it runs a while, and its results are nowhere near lop sided, I'll make sure to remember to point out to you that:

DU is not representative the political mainstream where that ad would be better received.

If you can't get a huge lopsided result here on DU, you wont anywhere.



In short:

Support for gun rights is at an all time high, and you want to poll DU about whether an advertisement is offensive or not, and intend to "represent" the results in some way to imply that they're representative of mainstream America?

PUH-LEEZ


 

Duckhunter935

(16,974 posts)
21. I think not
Sat Dec 13, 2014, 03:02 PM
Dec 2014

since Bushmaster did not produce or endorse those private videos.

You are so reaching it is becoming crazy

 

Duckhunter935

(16,974 posts)
121. I doubt it
Sat Dec 13, 2014, 07:37 PM
Dec 2014

just like any other review or video out there, manufactures do not care one way or the other. Not all reviews make the product look good.

GGJohn

(9,951 posts)
32. Epic Fail.
Sat Dec 13, 2014, 03:41 PM
Dec 2014

Where is Bushmaster promoting the shooting of people? Those videos aren't even produced or endorsed by Bushmaster.

http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act

Once again, this would be a frivilous lawsuit that won't even make it onto the docket.

 

Duckhunter935

(16,974 posts)
33. They can't link to one
Sat Dec 13, 2014, 03:46 PM
Dec 2014

I guess they think private YouTube videos are produced by the manufacturer.

 

RoccoR5955

(12,471 posts)
99. No, but if the manufacturer thinks...
Sat Dec 13, 2014, 05:50 PM
Dec 2014

that a product misrepresents its product, it can have Google take it down.
They did not do this, which implies that they are endorsing the videos. I will admit that it is a tacit endorsement, but it is one none the less.

GGJohn

(9,951 posts)
53. Sued for what?
Sat Dec 13, 2014, 04:31 PM
Dec 2014

The criminal misuse of their product?
So if a vehicle is used in a criminal act, the manufactrurer of that vehicle can be sued and bankrupted?

 

RoccoR5955

(12,471 posts)
97. No
Sat Dec 13, 2014, 05:47 PM
Dec 2014

For producing a product whose only purpose it to KILL!
The main purpose of a gun is to kill. The main purpose of an assault rifle is to kill people. Another word for "to kill people," is MURDER.
Therefore, they produce merchandise whose main purpose is murder.

GGJohn

(9,951 posts)
102. Sorry, but that's not a legal defense here.
Sat Dec 13, 2014, 05:56 PM
Dec 2014

The law is crystal clear and my analogy is the exact same thing.
Ford can't be sued because someone got drunk and killed a bunch of people while driving a Ford.

Same with Bushmaster, they make a perfectly legal product, following all Federal, State laws, so they're not liable for the criminal misuse of their legal product.

There won't be any trial, there won't be any judgement against Bushmaster, this lawsuit won't even see the inside of a courtroom.

 

RoccoR5955

(12,471 posts)
104. OK Mr Barrister.
Sat Dec 13, 2014, 06:00 PM
Dec 2014

I guess if you are a lawyer, you would know better than I do.
If you are not, you are probably parroting some NRA line.
I can dream though.

 

RoccoR5955

(12,471 posts)
109. OK Mr. Barrister
Sat Dec 13, 2014, 06:07 PM
Dec 2014

You seem to be a lawyer, and I am not.

You don't seem to understand my logic though. The product's primary function is to kill people. My argument is that if its main purpose is to murder someone, and you use it to commit the crime of murder, than not only is the perpetrator of the crime responsible, but the company who provided the means of that murder is responsible.

Either that, or you have been so properly indoctrinated into the NRA politics, that you will never ever understand a different point of view.

 

branford

(4,462 posts)
113. Your rationale is constitutionally impermissible.
Sat Dec 13, 2014, 06:36 PM
Dec 2014

Last edited Sat Dec 13, 2014, 07:46 PM - Edit history (1)

Ownership and use of firearms is a constitutionally guaranteed right, regardless of you opinion of the jurisprudence. Most states also have their own Second Amendment analogs. You cannot effectively render a right moot through executive or administrative action or tort law.

I would additionally note that even assuming your your description of firearms is accurate (which it is not), not all killing done by firearms is unlawful, nor "murder." Utilizing a firearm in self-defense is a perfectly justified, often laudable, purpose.

 

branford

(4,462 posts)
110. I'm am actually a commercial trial lawyer,
Sat Dec 13, 2014, 06:14 PM
Dec 2014

and I do not see any way for the plaintiffs to overcome the PLCAA.

Moreover, even without the PLCAA, I've seen nothing to indicate any legally-recognized negligence on the part of the manufacturer (see my post #96).

I would note that one of the reasons why the PLCAA was passed was due to the strategy by gun control advocates try to do an end-run around the Constitution by de facto outlawing guns through the courts or executive action by finding them somehow "inherently dangerous" despite the fact that they work exactly as intended and are not defective and/or bankrupting manufacturers and dealers by forcing them to defend multitudes of frivolous lawsuits, or appeals in areas where juries were unsympathetic to firearms. Note that the PLCAA does not provide any protection for firearms that are actually defectively designed or manufactured.

Gothmog

(145,489 posts)
366. Section 5A(ii) of the act exempts cases under negligent entrusment
Tue Dec 23, 2014, 08:03 PM
Dec 2014

The plaintiffs attorney is suing under a negligent entrustment theory based on this exemption

 

branford

(4,462 posts)
370. The negligent entrustment theory is creative, but entirely unconvincing.
Tue Dec 23, 2014, 08:36 PM
Dec 2014

The plaintiffs had to allege an exception to the PLCAA act as well as commence an action before the expiration of the statute of limitations. If I were them and committed to capitalizing on Sandy Hook before it was too late, I, too, might have tried such a Hail Mary theory (although it would probably be sanctionable if the case was in federal court).

Professor Volokh at the Washington Post excellently explains why the both the theory and case is extremely unlikely to succeed.

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/16/lawsuit-filed-against-gun-manufacturers-and-dealers-over-sandy-hook-murders/

Moreover, as I explained in other posts, even without the PLCAA, I do not see how the plaintiffs can establish negligence. The best analogy would be suing the car manufacturer or dealer if Lanza stole his mothers car after he killed her, rather than her firearms, and then ran over the children. Such a case would be laughable.

 

YarnAddict

(1,850 posts)
87. You do know, don't you,
Sat Dec 13, 2014, 05:23 PM
Dec 2014

that if there is a judgment against them their insurance company will pay, and it won't hurt the manufacturer at all, right?

X_Digger

(18,585 posts)
127. The gun was connecticut ban compliant. What negligence would you levy at them?
Sat Dec 13, 2014, 07:50 PM
Dec 2014

In order to have a snowball's chance in hell of.. you know.. actually winning a lawsuit, you'd have to have a compelling argument.

Saying, "Whaa, I don't like your ads!"? Ain't it.

 

RoccoR5955

(12,471 posts)
129. I would state
Sat Dec 13, 2014, 08:25 PM
Dec 2014

That the primary use of the product is murder. Murder is illegal, so the company, as well as the perpetrator of the crime, should be held accountable.

You certainly seem well indoctrinated into the NRA propaganda, or are you just trolling me for fun?

 

Duckhunter935

(16,974 posts)
131. I would state
Sat Dec 13, 2014, 08:40 PM
Dec 2014

The primary purpose is to strike a primer in a cartridge to fire a bullet out the barrel. It does this well with no defect. Murder has nothing to do with the weapon, it is who operated the weapon in a certain fashion that murder comes into play.

Not NRA propaganda, just facts. I know you are well indoctrinated in the MAIG, Bloomberg propaganda though.

X_Digger

(18,585 posts)
132. You would state a lie? The primary use of firearms is to collect dust in a gun cabinet..
Sat Dec 13, 2014, 09:23 PM
Dec 2014

.. then target shooting, then hunting, then a lump of use in crime.

Even of the uses in crime, the vast majority of *those* are not to actually shoot someone, much less murder.

http://www.bjs.gov/content/guns.cfm

I seem well indoctrinated in facts, rather than hyperbolic blather.

abe1976

(1 post)
269. I would state
Mon Dec 15, 2014, 02:33 AM
Dec 2014

The I will agree with you that the original intent of the ar-15 is a battle rifle a firearm made for offense and defense. But so we're knives clubs and pointy sticks were also made as killing instruments. So if I stab someone should the knife manufacturer be responsible? If I stab someone with a pointy stick the person that grew the tree that I made the pointy stick out of should be held responsible?

TeamPooka

(24,250 posts)
334. Sandy Hook topics always brings out the NRA with their false analogies. Knives & pointy sticks have
Tue Dec 16, 2014, 02:11 AM
Dec 2014

other uses.
Guns don't.
But thanks for signing up here and enjoy your stay, however brief it may wind up.

hack89

(39,171 posts)
343. So the actual death toll is irrelevant? The only thing that matters is what it was designed to do?
Tue Dec 16, 2014, 12:51 PM
Dec 2014

ok.

hack89

(39,171 posts)
351. You are the one that dismissed knives as murder weapons
Tue Dec 16, 2014, 02:17 PM
Dec 2014

even though they kill many more people than assault weapons. Just trying to figure out what your actual agenda is - I think you made that clear to all.

TeamPooka

(24,250 posts)
352. I merely pointed out knives have non-lethal uses. You have termed that "dismissing them as murder
Tue Dec 16, 2014, 02:25 PM
Dec 2014

weapons" because you need to cheat at this debate in order to try to win.
Cheaters never win.
Especially in an intellectual debate.
Try to stick to what the other person actually said when you rebut or respond.
Hack is a very correct application of your screen name.

hack89

(39,171 posts)
353. You gave knife manufacturers a pass in regards to the criminal use of their products
Tue Dec 16, 2014, 02:33 PM
Dec 2014

because in your mind, potential other uses negates their potential use as weapons. Hence my question.

I would also point out that the most common use of the rifle is more important. And the vast majority of gun owners do not own rifles to kill people. I use mine for competitive target shooting - the AR-15 platform is the most popular target shooting rifle in America. Given how few people are killed with AR-15s, you are not going to be able to argue that they do not have other uses besides killing people. Just like knives.

TeamPooka

(24,250 posts)
354. Your right. Other uses for a gun: It's a replacement for a small penis.
Tue Dec 16, 2014, 02:51 PM
Dec 2014

BTW, this is why your a bad debater.
You claim "Given how few people are killed with AR-15s" in a thread about Sandy Hook where that gun killed 26 people including 20 kids in about 5 minutes.
Smart fucking debater you.
#clueless
#tonedeaf
#abouttobeblocked

hack89

(39,171 posts)
359. An insulting PM and a penis reference
Tue Dec 16, 2014, 03:55 PM
Dec 2014

are you always this sensitive when people dare to disagree with you?

 

beevul

(12,194 posts)
360. "BTW, this is why your a bad debater."
Tue Dec 16, 2014, 04:02 PM
Dec 2014

"BTW, this is why your a bad debater."

Immediately following you making a penis comment.


You just cant make this shit up.

GGJohn

(9,951 posts)
363. Why is it that the pro gun control crowd always, inevitably, fall back on the penis reference?
Wed Dec 17, 2014, 01:46 PM
Dec 2014

I just don't get it.

 

Lurks Often

(5,455 posts)
4. It will be tossed out of court
Sat Dec 13, 2014, 02:05 PM
Dec 2014

Can't sue the gun makers they are exempt from being sued if their product is used in a crime

http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act

They are NOT exempt in cases resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible.

I only hope that the families aren't paying these parasites pretending to be ethical lawyers because they are wasting their money if they are paying them.

bobclark86

(1,415 posts)
39. Oh, you can sue anybody for anything, pretty much,
Sat Dec 13, 2014, 03:52 PM
Dec 2014

But you're right, this case won't go anywhere...
15 U.S. Code Chapter 105

A qualified civil liability action may not be brought in any Federal or State court.


Case dismissed. Is it a stupid law? Yeah. But it's the law.
 

vkkv

(3,384 posts)
5. Best of luck! But I just don't see how a suit like can get anywhere.
Sat Dec 13, 2014, 02:08 PM
Dec 2014

I don't think that Bushmaster sells any guns directly to the public, but only through a distributor / retailer. Maybe N. Carolina law is different than Calif. law.

Drunk drivers can apparently sue bars that over-serve them alcoholic drinks like Absolut vodka, but no one is suing the vodka maker over a DUI man-slaughter conviction.

NoJusticeNoPeace

(5,018 posts)
54. Oh how I wish there was an actual hell, there would be an entire wing for them
Sat Dec 13, 2014, 04:33 PM
Dec 2014

Mostly the NRA execs, not the members or not all of them.

bluestateguy

(44,173 posts)
14. They'll be tied up in court for years
Sat Dec 13, 2014, 02:19 PM
Dec 2014

And after endless rounds of hearings, appeals, periods of discovery, depositions and more appeals, all they will have to show for it are piles of piles from law firms and not a cent from the gun manufacturer.

If they want to sue somebody, sue the Lanza's: a well to do family that neglected their son's destructive personality.

 

branford

(4,462 posts)
108. The case will not be in court for years.
Sat Dec 13, 2014, 06:06 PM
Dec 2014

Given the implied claims and residence of the parties, I assume any action will be filed in federal court. These courts maintain strict and enforced scheduling guidelines. Moreover, since the manufacturers are immune to such lawsuits by the PLCAA, the defendants will immediately file a motion to dismiss, which I assume will be granted in short order. There will be no hearings, discovery, depositions or anything else. Any appeal will be similarly short in duration and near certain in result.

A lawsuit against the Lanza's will be also be useless and futile. Adam and his mother's estate are virtually worthless. More importantly, his mother appears to followed all applicable law, and Adam Lanza actually murdered her to procure the weapons. In any event, Adam was a legal adult, and not subject to any guardianship or similar orders. Unless it can be proven that anyone knew what Adam planned and had a legal or fiduciary duty to warn anyone, I do not see how there could be any negligence as a matter of law.

Jefferson23

(30,099 posts)
20. I can assure you this law firm is not to be under estimated..they're well respected here in
Sat Dec 13, 2014, 02:58 PM
Dec 2014

Connecticut and else where.

Case News:

Attorney Antonio Ponvert files suit against Lakeville’s Indian Mountain School for sexual assaults in 1980s Read Now

Attorney Antonio Ponvert Interviewed about CT Sex Abuse Case Listen Now

Mistakes by Lifeguard, Club Led to $12 Million Drowning Verdict Read Now

Koskoff Attorney Kathleen Nastri Interviewed About Drowning Case Listen Now

Jury Finds Club Responsible For Drowning, Awards $12.3 Million Read More

Ex-Bluefish catcher awarded $940K in bat attack

The jury in the bat-attack civil trial of Jose Offerman has awarded the plaintiff, former Bridgeport Bluefish catcher Johnathan Nathans, $940,000 in damages. The verdict in the federal case was returned at about 4 p.m. Tuesday, after the jury of seven deliberated for about five hours. Read more

Ruling sparks debate on retroactive gay rights

A new Connecticut Supreme Court ruling is adding to the debate on whether gay marriage rights should be applied retroactively and qualify same-sex couples for rights and benefits for which they weren't entitled before state laws allowed them to marry. read more

Connecticut court affirms pre-gay marriage rights

Senior partner at Koskoff, Koskoff & Bieder, Michael Koskoff the law firm who represented Stacey, said the court's decision was based off the fact that... read more

http://www.koskoff.com/

Great to hear they're involved. K&R

 

Duckhunter935

(16,974 posts)
22. How is the firearm manufacturer
Sat Dec 13, 2014, 03:06 PM
Dec 2014

liable in this case, it seems quite unlike the others you stated.

I am sure the firm is taking this for no cost right? Any money should go to compensate the families of the dead children and the lawyers should agree to take no fees.

Jefferson23

(30,099 posts)
27. The firm has not stated how they're liable and it is completely up to the families
Sat Dec 13, 2014, 03:15 PM
Dec 2014

what their agreement is regarding compensation...that is decided early on.

This firm has a reputation for pro bono advocacy for the indigent and they also
do not like bad rogue cops..they have gone after Ct's prison system too more than
once..and they succeed more often than not.

GGJohn

(9,951 posts)
40. I don't see them successfully suing the manufacturer.
Sat Dec 13, 2014, 03:58 PM
Dec 2014
http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act

They would have to prove that there was a design flaw, the manufacturer committed a criminal act, an employee of Bushmaster committed a criminal act, the dealer was negligent or committed a criminal act in selling the weapon to his mother.
So far, I see nothing done illegally by Bushmaster or the dealer.
I'll bet dollars to donuts that this lawsuit doesn't even make it on the docket, no matter how good these lawyers are.

Jefferson23

(30,099 posts)
64. Bet any way you like. The firm has not stated in what capacity Bushmaster is liable, yet.
Sat Dec 13, 2014, 04:45 PM
Dec 2014

I stand by what I said about this firm, don't under estimate them. I would not
presume what they're goals and objectives are, either.

Michael Koskoff
The lawyer as instrument for social change:
http://www.koskoff.com/In-the-News/The-Lawyer-as-Instrument-for-Social-Change.pdf



GGJohn

(9,951 posts)
66. See that's the problem with this frivilous lawsuit,
Sat Dec 13, 2014, 04:47 PM
Dec 2014

Bushmaster didn't do anything wrong or illegal, this lawsuit will be dimissed.

GGJohn

(9,951 posts)
71. According to the law.
Sat Dec 13, 2014, 04:53 PM
Dec 2014

http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act

The law is crystal clear on this, that's why this frivilous lawsuit will be dismissed.
Several cities tried the same thing several years ago, all those lawsuits were dismissed also.

Jefferson23

(30,099 posts)
117. uh huh..because you're an attorney and know that wiki has convinced you..evidently, not
Sat Dec 13, 2014, 07:07 PM
Dec 2014

Koskoff..they have no history of frivolous lawsuits btw. As I said, it is not known
what their goals and objectives are.

Jefferson23

(30,099 posts)
119. You can't comprehend that you're uninformed due to the fact that the firm has not
Sat Dec 13, 2014, 07:10 PM
Dec 2014

stated what they feel is the liability of Bushmaster...that will become known, eventually.

How many times does this have to be stated for you?

 

Duckhunter935

(16,974 posts)
128. I am not uninformed
Sat Dec 13, 2014, 08:00 PM
Dec 2014

It is just interesting that they or you so far are unable to express what grounds they have to sue other than to garner publicity. I expect when it gets dismissed, they will cry very big tears as they lose that commission they are look forward to.

Jefferson23

(30,099 posts)
133. Like I said, and will repeat once more...they have not stated their reasoning for liability claims.
Sat Dec 13, 2014, 10:04 PM
Dec 2014

You have to wait..something that appears elusive to you. They have no history of
frivolous lawsuits..quite the contrary. So yes, you're uninformed, willfully so it appears.

BuddhaGirl

(3,609 posts)
25. +1
Sat Dec 13, 2014, 03:11 PM
Dec 2014

This is good to hear

Hopefully this lawsuit will at least bring much-need attention to our ridiculous gun-nut culture...it's sick

BuddhaGirl

(3,609 posts)
34. "Truly the most versatile and adaptive rifle ever conceived"
Sat Dec 13, 2014, 03:46 PM
Dec 2014

for fucking murdering people, in "personal defense"

Paladin

(28,271 posts)
112. Military-styled firearms are treated by way too many as elaborate, lethal toys.
Sat Dec 13, 2014, 06:23 PM
Dec 2014

Abundant proof of this unfortunate mindset is available on a daily basis, down in DU's Gun Control & RKBA group. Check out the next photo of open carry morons you see---how many Winchester Model 70's do you see being exhibited? How many sporting-configured (as opposed to the militarized, bells & whistles sniper model) Remington Model 700's are on display? We're talking toys here, not grown-up objects.

 

Adrahil

(13,340 posts)
336. Although I won't disagree that some treat guns as "barbies for me"
Tue Dec 16, 2014, 07:46 AM
Dec 2014

That doesn't mean that a firearm is not a legitimate self-defense tool.

You may not approve, but the right of self-defense is the most basic human right, and frankly, these days I don't trust the police to arrest a jay-walker without shooting an innocent person.

 

Duckhunter935

(16,974 posts)
65. not a toy
Sat Dec 13, 2014, 04:45 PM
Dec 2014

and do not try and confuse the two. It is a weapon and should be treated as such. Toys should not even look like that and at the least be brightly colored and at no time should the orange tip be removed.

BuddhaGirl

(3,609 posts)
67. It's obnoxious and sickening
Sat Dec 13, 2014, 04:48 PM
Dec 2014

that they exist in our society.

Too many gun fetishists in our society...ugh.

GGJohn

(9,951 posts)
72. Not really, that's a pretty cool looking rifle.
Sat Dec 13, 2014, 04:55 PM
Dec 2014

It functions the exact same way as my .22 semi auto rifle.

 

Duckhunter935

(16,974 posts)
46. Great thing about the AR platform
Sat Dec 13, 2014, 04:12 PM
Dec 2014

Modular system so you can have one rifle that can be configured for many differing purposes.

Paladin

(28,271 posts)
168. Yeah, get back to us on that one......
Sun Dec 14, 2014, 10:49 AM
Dec 2014

...the next time some psycho uses a toaster to turn an elementary school into a slaughterhouse.....

hack89

(39,171 posts)
180. Do you support banning any type of gun that could used in a Sandy Hook type shooting?
Sun Dec 14, 2014, 03:26 PM
Dec 2014

Is that your desire?

 

beevul

(12,194 posts)
314. Long on rhetoric and short on honest answers to hard questions.
Mon Dec 15, 2014, 04:15 PM
Dec 2014

But trust them, they only want a conversation about reasonable commonsense gun safety laws.


 

Adrahil

(13,340 posts)
337. How many people die each year due to alcohol abuse?
Tue Dec 16, 2014, 07:48 AM
Dec 2014

Lots lots more than die due to guns.

"But guns are a designed to kill!" Completely irrelevant to the dead.

hack89

(39,171 posts)
59. Gun manufacturers have the same rights as every other manufacturer
Sat Dec 13, 2014, 04:40 PM
Dec 2014

Try sueing Coors and Ford when a drunk driver kills your loved one.

hack89

(39,171 posts)
76. The bars are more like gun dealers - they have direct contact with the purchaser
Sat Dec 13, 2014, 05:04 PM
Dec 2014

If bars sell to obviously drunk people who then kill someone then they can be liable. If a gun dealer sells to someone who is not legally entitled to buy a gun then they can be liable.

Bushmaster did not directly sell the gun to Nancy Lanza so how can they held liable for her actions? Especially since she was murdered for her gun?

 

Hoyt

(54,770 posts)
79. They produced it and made it to excite gun lovers.. They knew exactly
Sat Dec 13, 2014, 05:08 PM
Dec 2014

what they were doing.

GGJohn

(9,951 posts)
82. So?
Sat Dec 13, 2014, 05:14 PM
Dec 2014

That still doesn't make them liable for the criminal misuse of their legally manufactured product.
Whether you like it or not, the law is very clear on this.

hack89

(39,171 posts)
88. If that was the case you would think there would be a huge spike in deaths due to rifles
Sat Dec 13, 2014, 05:25 PM
Dec 2014

It would appear that the vast majority of Bushmaster owners are not so excited to the point of actually killing someone.

 

Hoyt

(54,770 posts)
115. Depends on your definition of "spike" and whether they use the AR or
Sat Dec 13, 2014, 06:41 PM
Dec 2014

one of their other weapons, like a pistol, to kill, wound, or intimidate.

hack89

(39,171 posts)
120. How about any increase regardless of gun type
Sat Dec 13, 2014, 07:34 PM
Dec 2014

has there been such an increase in the past two decades that ARs have exploded in popularity and numbers?

hack89

(39,171 posts)
288. Yet they don't appear to be actually shooting real people in increased numbers
Mon Dec 15, 2014, 10:56 AM
Dec 2014

so perhaps your fears are misplaced.

It is the criminals illegally obtaining handguns that should concern you - they are the people doing the killing.

 

Hoyt

(54,770 posts)
310. Handguns do concern me, but not your gun buddies. They keep adding to their collection and strappin
Mon Dec 15, 2014, 03:43 PM
Dec 2014

them to their bodies before walking down a city street.

Almost every gun that ends up in a criminals hands, started with one of your gun buddies.

 

Duckhunter935

(16,974 posts)
81. Then sue the firearms dealer
Sat Dec 13, 2014, 05:10 PM
Dec 2014

not the manufacturer of a legal product. Do they also sue the alcohol maker or the car maker when there is no defect?

 

friendly_iconoclast

(15,333 posts)
95. Belief in animism is strong amongst gun control advocates
Sat Dec 13, 2014, 05:45 PM
Dec 2014

They tend to be the sort of people who look for Satanic messages hidden in music

 

Hoyt

(54,770 posts)
114. LMAO. You guys can't walk out the door without a gun strapped to your body.
Sat Dec 13, 2014, 06:38 PM
Dec 2014

Metal music is not my thing.

 

Duckhunter935

(16,974 posts)
124. I have firearms
Sat Dec 13, 2014, 07:45 PM
Dec 2014

and I do not have a gun strapped to my body when I go out the door. Most of the time they are locked in the safe. I take them out at times to shoot paper plates and cans though.

malokvale77

(4,879 posts)
190. Never say never.
Sun Dec 14, 2014, 04:47 PM
Dec 2014

Affluenza is not a legally recognized condition. It just happened to work. A clever lawyer can work wonders.

GGJohn

(9,951 posts)
192. Not in this case,
Sun Dec 14, 2014, 04:53 PM
Dec 2014

the law is crystal clear that the manufacturers cannot be sued because their product was used in a criminal way.
This lawsuit will be shown the door before it sees the insides of a courtroom, especially a Federal Courtroom.

malokvale77

(4,879 posts)
201. No harm, no foul.
Sun Dec 14, 2014, 05:26 PM
Dec 2014

Few, outside a close circle of friends and family, understand my humor.

I sometimes forget that. My bad.

 

branford

(4,462 posts)
196. Do you realize that the "affluenza" case was a criminal matter
Sun Dec 14, 2014, 05:02 PM
Dec 2014

and the affluenza only involved sentencing, rather than a actual defense. To compare it to the case described in the OP is ridiculous.

The lawsuit will in all likelihood be promptly dismissed because the law is very clear and has already been tested. The real battle will occur in the appellate courts. However, such a partisan frontal assault on the PLCAA and related product liability jurisprudence has virtually no chance of success, particularly with a conservative Supreme Court, Republican Congress, ever increasing polling supporting gun rights, and the fact that the technologies that appear to underlie the plaintiffs' legal theories are in their infancy.

 

friendly_iconoclast

(15,333 posts)
93. Nonsense like that is usually heard in regards to metal bands...
Sat Dec 13, 2014, 05:39 PM
Dec 2014

...and it hasn't gotten any less ludicrous:

sir pball

(4,758 posts)
137. You know what excites my baser instincts far more than any of my thirty-nine firearms?
Sun Dec 14, 2014, 12:03 AM
Dec 2014

Including a couple of truly mil-spec gunz?

Sitting on my bike and dropping it from neutral into first. The machine shudders a little and the engine growls against the tranny drag, my vision tightens, heart slows, focus and purity. I read the intro for the new BMW sport bike in this month's Cycle World, saw that the test editor was able to lean it to 57 degrees on stock tires, and almost got sexually excited. Hell, I'll admit I'm definitely more dangerous when I ride than when I used to carry.

Just because evil black rifles get some people wound up, doesn't mean everybody gets wound up over evil black rifles. And frankly, even though those that do do get me creeped out, if they were as a whole a violent group we'd have it a lot worse than we do now..

sir pball

(4,758 posts)
149. That's a gun. That does nothing for me. I said that, pretty clearly. Now, where's the bike?!
Sun Dec 14, 2014, 02:09 AM
Dec 2014

Here's an ad that gets my juices flowing:



My "man card" ain't got fuck all to do with a gun; I can ride the wheels off a bike in the morning, go sweat four turns of the dining room on the 116˚ sauté station after doing an afternoon of chef-prep, and then make my wife wake the neighbors. All in NYC with those 39 guns locked in their safes, in a unit in Florida, 1900 miles away. What part of that do you not understand?

That being said, I appreciate some seriously criminal recklessness, just not with firearms.

sir pball

(4,758 posts)
152. Nah, it's just a collection. Most of them are nice and old fashioned, I just liked them.
Sun Dec 14, 2014, 02:35 AM
Dec 2014

What's wrong with a Savage 99 or a nice walnut-stocked ebony-capped .243 bolt-action? Frankly, I'd collect bikes but rifles are about 1/20 the price.

Do you really not understand that while I will cheerfully admit to owning lots of guns, and I enjoy shooting them, and I giddily love being a hypermasculine, almost-criminally-fast-riding, hard-drinking son of a bitch, that my firearms are literally the least useful or important thing to me? I'd happily sacrifice them all to keep my bike which is worth about 1/3 what my GUNZ GUNZ GUNZ are worth. And with which I can kill a family of at most 6 if I'm lucky and plow their minivan at the end of a straight.

sir pball

(4,758 posts)
153. Going to watch the big drags was amazing.
Sun Dec 14, 2014, 02:37 AM
Dec 2014

I personally prefer vehicles that can turn, but Schumacher's dragster literally, physically, beating the breath from my chest when he revved was an experience I'll never forget.

At least they run on closed tracks though

GGJohn

(9,951 posts)
154. God, I remember when NHRA used to allow us to stand right there on the side of the track
Sun Dec 14, 2014, 02:52 AM
Dec 2014

Last edited Sun Dec 14, 2014, 03:31 AM - Edit history (2)

as the cars were staged, and when they used to pour gasoline in front of the rear slicks for the burnout.
There's nothing like the smell of Nitro-Methane when it goes up in flames on the burnout.

I was actually at, I believe, Orange County Raceway when the Chi-Town Hustler Funny Car blew it's blower and the body went into about a thousand pieces, I've still got a piece of the body too this day.

?zz=1

sir pball

(4,758 posts)
155. I got snuck in to the line when I was a kid
Sun Dec 14, 2014, 02:58 AM
Dec 2014

One of my dad's doctor's assistants was a marshal, she got us in to stand under the booth at the start. Just at Lebanon Valley before the rebuild, all gas and nothing exotic, but even then they shake like nothing else at ten feet.

 

Duckhunter935

(16,974 posts)
166. That idiot is
Sun Dec 14, 2014, 10:41 AM
Dec 2014

going to get someone killed. I do not agree with that on public streets and highways.

 

Duckhunter935

(16,974 posts)
210. yes and no
Sun Dec 14, 2014, 06:08 PM
Dec 2014

causing an accident and other vehicles are involved. Amazing how multiple vehicle accidents can kill people.

KinMd

(966 posts)
80. Why this lawsuit will fail
Sat Dec 13, 2014, 05:09 PM
Dec 2014

Daniel Williams, a 16-year-old high school basketball star, was shot and badly injured while practicing outside of his home in Buffalo, N.Y. In October, a New York appeals court did something fairly remarkable. It let Williams proceed with a lawsuit against the maker and seller of the gun that that was used to shoot him.

Letting a lawsuit go forward may not sound like a big deal, but Congress enacted a law in 2005 — under heavy lobbying from the NRA and the gun industry — that gives gun manufacturers and dealers broad immunity from being sued. The Protection of Lawful Commerce in Arms Act (PLCAA) shields the gun industry even when it makes guns that are unnecessarily dangerous and sells them recklessly.

http://ideas.time.com/2012/12/24/why-is-congress-protecting-the-gun-industry/

 

Duckhunter935

(16,974 posts)
83. readiing the story
Sat Dec 13, 2014, 05:14 PM
Dec 2014

the people are suing the dealer not the manufacturer. I am sure they will include the dealer in the suit but they do not have the deep pockets that I am sure the lawyers are looking for.

KinMd

(966 posts)
90. The guns were bought legally by Nancy Lanza
Sat Dec 13, 2014, 05:34 PM
Dec 2014

wouldn't suing the dealer be like suing a liquor store who sold a case of beer to a sober adult, who got drunk later and ran his car into someone? Now I have never owned a gun, but if the government says it's legal, and you sell it, following the law, hard to see how the dealer is responsible.

GGJohn

(9,951 posts)
92. Yep, and that's why this lawsuit will fail.
Sat Dec 13, 2014, 05:37 PM
Dec 2014

Nancy Lansa passed all the requirements for purchasing those firearms, the Bushmaster was CT AWB compliant, they were stored according to CT law.

 

branford

(4,462 posts)
96. This case will go nowhere fast.
Sat Dec 13, 2014, 05:47 PM
Dec 2014

If the suit is against the manufacturer as described in the article, it will be promptly dismissed under the PLCAA.

The case is simply meant to garner publicity, and then when inevitably dismissed, for the activists to use as a reason why the law should be changed. Given recent poor polling concerning public support for gun control, I expect such lobbying, particularly with a Republican controlled Congress, to be DOA.

As an attorney, unless I see some VERY novel pleading, the complaint appears entirely frivolous. If so, I hope the lawyers are appropriately sanctioned in an amount no less than the defendants legal fees. Courts are not the venue for such a crass political stunt.

In any event, even without the PLCAA, I do not see how the gun manufacturer is liable. The guns used by Lanza were not defectively designed or manufactured, they fully complied with CT's assault weapons ban standards and other applicable laws, were procured lawfully by his his mother in the normal course of commerce, and then intentionally used in a criminal manner, including Lanza's procuring the weapons through the murder of the lawful owner and purchaser, his mother.

The gun manufacturers and dealers should no more be liable for the criminal misuse of their products than car manufacturers and dealers would be liable if Lanza stole his mother's car and ran over the schoolchildren.

Blue_Tires

(55,445 posts)
270. I've seen Boeing get successfully sued a number of times
Mon Dec 15, 2014, 04:28 AM
Dec 2014

after airliner crashes; even in instances where the airframe or engines had anything to do with the crash...

United, American, Boeing, the Massachusetts Port Authority and several other entities with even the slightest involvement with 9-11 were all sued...

Obviously they don't have immunity codified into law like the gun manufacturers do...

 

branford

(4,462 posts)
286. There are actually specific laws and treaties that deal with airline liability
Mon Dec 15, 2014, 10:48 AM
Dec 2014

in the event of a crash, terrorist attack, accident and similar circumstances. It's a detailed and complex area of practice. Additionally, it's not uncommon for companies, or really their insurers, to settle cases even when they do not believe they are at fault, simply because the costs of litigation are so immense, particularly in airline related mishaps. It's an unfortunate reality that I deal I'm regularly forced to confront with my own clients.

In fact, prior to the PLCAA, it was the express strategy of many groups and municipalities of forcing firearm manufacturers to engage in costly legal battles, even if the claims were wholly frivolous, often hoping that sympathetic juries wouldn't care about the actual law. Firearms manufacturers, many of whom are relatively small companies, were forced to expend significant resources for usually successful appeals in these instances. These types of cases are called SLAPP lawsuits, and are a a problem in areas besides guns.

Arguing that some companies resolve claims when they are not liable is not a convincing argument against the PLCAA. Rather, it counsels for more legislation against SLAPP lawsuits and related claims applied to other industries. Vaccine manufacturers, fast food restaurants and some other areas are already protected is some manner in certain local and state jurisdictions.

Jefferson23

(30,099 posts)
135. A hint at where they may be going with this lawsuit, from Koskoff in 2013:
Sat Dec 13, 2014, 10:56 PM
Dec 2014

Perhaps the worst part of the arms act is that it creates a disincentive for gun companies to incorporate safety mechanisms that are available to prevent guns from being used by any one other than the permit holder. Everyone agrees that there is a rampant problem with guns falling into the hands of people other than the permit holder……

Just as car lovers continue to love cars despite air bags and seat belts, gun lovers will continue to love guns with this technology. Unfortunately, the gun industry sees no financial reason to incorporate these safety devices, given the law’s unique protection. They believe themselves largely immune from product liability lawsuits, unlike car manufacturers. So why would they invest in safety features that would make their products marginally more expensive and possibly affect sales?

We should not forget, however, that there is no “safe” gun when it is in the wrong hands. The technology exists to prevent the use of guns by other than the authorized user, but gun manufacturers have not applied it. Manufacturers should answer for this inherent flaw and litigants and the legal community need to continually test the limits of the 2005 arms act until it is repealed.

- See more at: http://aconnecticutlawblog.com/2014/12/sandy-hook-families-to-sue-gunmaker/#sthash.ISNShTIN.dpuf

GGJohn

(9,951 posts)
136. Yeah, no, they're going to lose this lawsuit big time.
Sat Dec 13, 2014, 11:16 PM
Dec 2014

No Federal court is going to entertain this approach to the PLCAA.

 

branford

(4,462 posts)
139. An interesting theory that is, at best, premature and will go nowhere fast.
Sun Dec 14, 2014, 12:18 AM
Dec 2014

As indicated in the article, a lawsuit is really meant as a direct challenge to the PLCAA, a law already tested and upheld, or to seek a basis to argue for its repeal. Given the prevailing jurisprudence concerning gun control and product liability, public support for gun rights, and composition of Congress and the courts, the theory is little more than academic wish fulfillment with a Supreme Court that gave us Heller and McDonald, and a Democratic Senate (now turned Republican), no less the Republican House, that couldn't even pass universal background checks.

Note that unlike air bags and seat belts, there is no actual mandated legal obligation for firearms to contain these purported "safety measures." Furthermore, unlike the right to keep and bear arms, ownership and use of automobiles is not a right guaranteed by the Constitution.

Congress or the individual states could possibly legislate that firearms incorporate certain features, subject to substantial constitutional scrutiny. Some states like New Jersey have actually legislated a (Constitutionally suspect) requirement that all firearms be "smart" guns once the technology is actually available. However, the technology is still in its infancy and would hardly be considered widespread, reliable or fit for purpose. The real test of the advantageousness, benefit and accessibility of such technology will likely be its mandatory use by law enforcement, government security and the military. Remember that at the dawn of seat belts and air bags in cars, and even as the technology became widely adopted, courts did not find that cars, old and new, that lacked the technology were in any way inherently "unsafe" or "dangerous."

As indicated in my earlier posts, the PLCAA was primarily intended to immunize manufacturers from these very type of claims that essentially argue that firearms are somehow inherently unsafe. It is simply not permissible to widely circumvent constitutional rights through executive or administrative action, no less tort law.

If the goal is truly the adoption of these alleged safety measures, government could engage in their own R&D or provide incentives to the private sector to develop and implement such technology. However, product liability law does not require anyone to research and develop ever greater safety measures, regardless of product, and as of now, it certainly will not be mandated by the courts.

Jefferson23

(30,099 posts)
140. Yea, I read your opinion and the other pro gun rights advocates in this thread.
Sun Dec 14, 2014, 12:27 AM
Dec 2014

That you would even suggest the government that is funneled money to prevent laws of accountability
would now provide incentives to the private sector is pretty funny too, on your part.

Your comment that they're allegedly safety measures is funny too.

Koskoff has an excellent track record of taking on difficult cases, I hope they succeed with
this case.




 

branford

(4,462 posts)
141. I'm not a "pro gun rights advocate."
Sun Dec 14, 2014, 12:47 AM
Dec 2014

I do not own any guns, nor have any desire to do so, although I do not begrudge those who live under different circumstances than myself. Moreover, in the gun control mecca of Manhattan where I live and work, it's not much of a major political issue.

However, as a trial attorney, I'm find the legal and political issues of gun control quite fascinating, particularly how the related jurisprudence can be carried over to interpretation of other constitutional rights and protections. I'm also well aware how the gun issue has repeatedly hurt democratic candidates in numerous elections.

There are many gun control ideas that, depending on implementation, would largely be constitutional, such as universal background checks. However, I would not hold my breadth believing that courts are going to do an end run around the Second Amendment and effectively neuter the PLCAA based on the legal theory that unproven and largely unavailable technology must be incorporated into all firearms to mitigate their inherent dangerousness.

Read the article you quote more carefully. To the extent that the theory is actually advocated in court, he believes he'll almost certainly lose. He realistically wants to use the loss to lobby for changes to the relevant law. I believe that such a strategy will likely prove futile and may actually galvanize even more opposition to the "smart gun" technology. This has already happened in New Jersey.

You are certainly free to hope they succeed in the litigation. Nevertheless, "hope" does not constitute cogent legal or political analysis.

Jefferson23

(30,099 posts)
143. You're not, eh? Interesting take you have. Yes, I noticed how often you have mentioned
Sun Dec 14, 2014, 01:13 AM
Dec 2014

you're an attorney in this thread..I got that part.

I don't need to read it again. He does not believe he'll lose..he does not imply any such thing.
You may be confusing the blog comments which are not Koskoffs...only the OP- Ed is where his
opinion is shared.

As I said earlier, your idea which would involve the government offering incentives for
what you referred to as the alleged security measures, is funny considering the corruption in politics
and why I find your posts in this thread disingenuous, at best.

Koskoff has had no past problems presenting a cogent legal case...their history of success
with difficult cases is well documented.

COLGATE4

(14,732 posts)
146. Advice I got from an old attorney when I first started:
Sun Dec 14, 2014, 01:28 AM
Dec 2014

"Arguing legal questions with a non-lawyer is like trying to teach a pig to sing. It doesn't get you anywhere and it just irritates the pig." For what it's worth.

LostOne4Ever

(9,290 posts)
159. Just so you know
Sun Dec 14, 2014, 09:19 AM
Dec 2014

[div class="excerpt" style="background-color:#dcdcdc; padding-bottom:5px; border:1px solid #bfbfbf; border-bottom:none; border-radius:0.4615em 0.4615em 0em 0em; box-shadow:3px 3px 3px #999999;"]AUTOMATED MESSAGE: Results of your Jury Service[div class="excerpt" style="background-color:#f0f0f0; border:1px solid #bfbfbf; border-top:none; border-radius:0em 0em 0.4615em 0.4615em; box-shadow:3px 3px 3px #999999;"]
On Sun Dec 14, 2014, 06:46 AM an alert was sent on the following post:

Advice I got from an old attorney when I first started:
http://www.democraticunderground.com/?com=view_post&forum=1014&pid=964808

REASON FOR ALERT

This post is disruptive, hurtful, rude, insensitive, over-the-top, or otherwise inappropriate.

ALERTER'S COMMENTS

The poster is using a quote attributed to someone other than themselves and is using it to call jefferson a pig by proxy. Inserting themselves in this conversation to insult and nothing more should be hidden.


You served on a randomly-selected Jury of DU members which reviewed this post. The review was completed at Sun Dec 14, 2014, 07:16 AM, and the Jury voted 0-7 to LEAVE IT.

Juror #1 voted to LEAVE IT ALONE
Explanation: It's certainly not nice but not worthy of a hide. You disagree, tell him why.
It's not a private conversation, by the way.
Juror #2 voted to LEAVE IT ALONE
Explanation: Did somebody actually alert on this? Do DUers have too much free time on their hands? It's literally one of the oldest legal aphorisms out there.
Juror #3 voted to LEAVE IT ALONE
Explanation: It's actually sage advice.
Juror #4 voted to LEAVE IT ALONE
Explanation: The question here, to me, is the post in question trying to liken Jefferson to a pig or is he trying to make some point about the futility of discussing law with a Layman.

After doing some research I came upon two thing 1) He is Butchering a Robert Heinlein quote and 2) he has used the quote at least two times before with no action taken against him and no apparent insult.

Based upon this I believe that the poster means the latter. That said, the poster in question should make things more clear in the future when using this quote because I could EASILY see the alter's case being just as true.
Juror #5 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #6 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #7 voted to LEAVE IT ALONE
Explanation: No explanation given

Thank you very much for participating in our Jury system, and we hope you will be able to participate again in the future.

GGJohn

(9,951 posts)
142. Except they won't succeed with this case.
Sun Dec 14, 2014, 12:59 AM
Dec 2014

I don't care how successful you think they are, the law is crystal clear and they are going to fail.
Many others have come before them and lost big time, and they will lose big time also.

Since you seem to have a problem with Wiki, here's a different source that says the same exact thing.

http://www.law.cornell.edu/uscode/text/15/chapter-105

Jefferson23

(30,099 posts)
144. How does that address the Op-Ed he wrote? What makes you think he is not aware of the law?
Sun Dec 14, 2014, 01:19 AM
Dec 2014

Do you find it so difficult to understand that he wants to build a case?



You can re-read his Op-ed..I think it gives a hint at where they may go with the lawsuit. Until
then, I wish them well. More info will come out soon enough.

I am sure you're rooting for them to win..am I right?


GGJohn

(9,951 posts)
145. What I find difficult to understand is that these blood sucking lawyers
Sun Dec 14, 2014, 01:28 AM
Dec 2014

are giving false hope to these grieving parents that they can win a lawsuit against the firearms manufacturers, when they know they are bound to lose.

Am I rooting for the law to prevail? Yes, yes I am.

Here, read and learn.

http://www.law.cornell.edu/uscode/text/15/chapter-105

Jefferson23

(30,099 posts)
158. Blood sucking lawyers and you support laws designed to protect the arms manufacturer.
Sun Dec 14, 2014, 08:34 AM
Dec 2014

Enjoy your stay on DU...bye.

GGJohn

(9,951 posts)
162. Same laws that protect the automobile industry,
Sun Dec 14, 2014, 10:33 AM
Dec 2014

that protect the bat industry, protect the knife industry.

So, do you now admit that Bushmaster can't be sued because of the criminal misuse of their product?

Thanks, I will enjoy my stay on DU.

Jefferson23

(30,099 posts)
165. The automobile industry is not protected that way, that is absurd to even suggest.
Sun Dec 14, 2014, 10:40 AM
Dec 2014

You are certain they cannot be sued, as I have said before, do not underestimate this
law firm.

GGJohn

(9,951 posts)
167. So you're telling us that the auto industry can be sued because someone uses
Sun Dec 14, 2014, 10:46 AM
Dec 2014

one of their vehicles in the commission of a crime?
I think not.

Jefferson23

(30,099 posts)
169. I think you're lost as to what the Op-Ed Koskoff wrote is suggesting...they are not going after the
Sun Dec 14, 2014, 10:52 AM
Dec 2014

manufacturer for the reasons you are presuming.

GGJohn

(9,951 posts)
171. I read the op-ed and even they admit that the chance of a successful
Sun Dec 14, 2014, 11:04 AM
Dec 2014

lawsuit is a long shot.
The firearms were all CT legal, they were properly stored per CT law, there is no law mandating any unproven device that prevents any unauthorized use of said weapons, so the manufacturer is not liable for the misuse of a firearm.

They can try, but like many before them, they'll fail.

Jefferson23

(30,099 posts)
173. Again, Koskoff admits no such thing..that is the opinion of the blog host, who acknowledges
Sun Dec 14, 2014, 11:08 AM
Dec 2014

the firms history of taking difficult cases and succeeding.

We do not know yet how exactly they'll approach the case, I posted his opinion from
2013 because it seems to give an indication of where they're coming from.



GGJohn

(9,951 posts)
174. As I said, the law is crystal clear on this
Sun Dec 14, 2014, 11:14 AM
Dec 2014

and they can certainly try, but like others before them, including many cities, they'll fail.

GGJohn

(9,951 posts)
176. Fine , they don't agree,
Sun Dec 14, 2014, 11:21 AM
Dec 2014

but don't be surprised when it's dismissed before it even sees the insides of a courtroom....thankfully.

 

VScott

(774 posts)
179. "They believe themselves largely immune from product liability lawsuits"...
Sun Dec 14, 2014, 02:59 PM
Dec 2014

Except, they're not following their own reasoning; the Koskoffs are ligating this as a wrongful death lawsuit.

We should not forget, however, that there is no “safe” gun when it is in the wrong hands. The technology exists to prevent the use of guns by other than the authorized user, but gun manufacturers have not applied it.


The technology exists to install back-up cameras, breathalyzer lock-outs (both life saving measures). Yet no one
has filed, or suggested that the manufacturers should be held liable, and deserving of any wrongful death, or product
liability lawsuits because they failed to install said devices.

Manufacturers should answer for this inherent flaw and litigants and the legal community need to continually test the limits of the 2005 arms act until it is repealed.


Blame the Bradys and other gun banning activists for necessitating that kind of protection.

No other industry, not even automobile manufacturers and tobacco companies, have been deliberately
targeted with frivolous and irrelevant lawsuits the way the firearms industry has.

At one point, Smith & Wesson had more than 30 separate lawsuits pending against them.
190 municipalities had filed 'nuisance' lawsuits against the industry.

Boston alone sought $100 million dollars from 31 firearms manufacturers.

The NAACP filed suit claiming that the black community "suffered disproportionately because of gun violence".

None, not even one of those lawsuits,or the ones that followed, ever resulted in the plaintiffs prevailing.
The NAACP wasn't even seeking monetary damages, only reform and that case was tossed by one of the most
liberal judges in the country.


So, yeah. The PLCAA was, and still is a necessary and welcome piece of legislation. One I whole heartily support

Jefferson23

(30,099 posts)
191. Blame the Brady family..how nice of you. You're part of the problem, not the Bradys.
Sun Dec 14, 2014, 04:48 PM
Dec 2014

What an enlightened individual you are..so generous with your support.

One day, perhaps you'll grow a conscience.

GGJohn

(9,951 posts)
194. Not the Brady family, the Brady Org.
Sun Dec 14, 2014, 04:58 PM
Dec 2014

And they were instrumental in the PLCAA being passed, they're the one's who advised the cities to try to bankrupt the firearms industry with SLAPP suits, it backfired badly on them.

Jefferson23

(30,099 posts)
195. Since when is the Brady family not supportive of the
Sun Dec 14, 2014, 05:01 PM
Dec 2014

the work of the Brady organization?

If the US government had public funded elections, many laws would not pass
in order to protect gun manufacturers..same goes for Wall Street and the lack of regulations
with teeth.

Enjoy that ability to own the lawmakers.

 

lancer78

(1,495 posts)
331. There are many products that are not
Mon Dec 15, 2014, 11:16 PM
Dec 2014

"safe" in the wrong hands. These include things from bags of fertilizer, to chlorine for pools, to knives, to bats, to a multitude of things.

 

Adenoid_Hynkel

(14,093 posts)
138. Wish they'd sue Alex Jones for instigating harassment of victims' families
Sun Dec 14, 2014, 12:18 AM
Dec 2014

for his spreading baseless, nutjob conspiracy theories on the public airwaves about "false flags" and "crisis actors"

 

alcibiades_mystery

(36,437 posts)
181. Gunner trash rejoice that these families have no recourse
Sun Dec 14, 2014, 04:02 PM
Dec 2014

It's never surprising to see how disgusting the gunner shitheads are, but it's always astonishing to see that they collectively sink to such depths. As is obvious, they are self reinforcing in their despicable beliefs and behaviors.

GGJohn

(9,951 posts)
182. Nobody's rejoicing here,
Sun Dec 14, 2014, 04:13 PM
Dec 2014

we're just pointing out the facts.
The only one's rejoicing here are those that mistakenly think that these grieving families are going to get a big settlement from Bushmaster, when that's clearly false.

99Forever

(14,524 posts)
184. Jury Results:
Sun Dec 14, 2014, 04:25 PM
Dec 2014

REASON FOR ALERT

This post is disruptive, hurtful, rude, insensitive, over-the-top, or otherwise inappropriate.

ALERTER'S COMMENTS

And this contributes to the discussion, how?

"gunner shitheads"?

"collectively sink to such depths"?

"despicable beliefs and behaviors"?



You served on a randomly-selected Jury of DU members which reviewed this post. The review was completed at Sun Dec 14, 2014, 01:15 PM, and the Jury voted 1-6 to LEAVE IT.

Juror #1 voted to HIDE IT
Explanation: No explanation given
Juror #2 voted to LEAVE IT ALONE
Explanation: Totally appropriate in this context.
Juror #3 voted to LEAVE IT ALONE
Explanation: Truth is an absolute defense. The post is truthful and accurate. Leave it.
Juror #4 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #5 voted to LEAVE IT ALONE
Explanation: Does the alerter self identify?
Juror #6 voted to LEAVE IT ALONE
Explanation: this is a progressive board, of course we get to talk trash about gun advocates
Juror #7 voted to LEAVE IT ALONE
Explanation: No explanation given

Thank you very much for participating in our Jury system, and we hope you will be able to participate again in the future.

 

alcibiades_mystery

(36,437 posts)
185. I would laugh, but the whole damn thing is too sad
Sun Dec 14, 2014, 04:34 PM
Dec 2014

The triumphalism they display and their little celebrations over the bodies of the dead. Obscene. I take pride in their alerts.

 

branford

(4,462 posts)
193. You do realize that there are many Democratic and very liberal gun owners
Sun Dec 14, 2014, 04:54 PM
Dec 2014

and gun rights supporters, particularly in very important purple states.

Apparently, the lessons learned by Al Gore and Bill Clinton have been completely forgotten.

You are certainly free to hold any opinion you wish, concerning firearms or otherwise, but it's no wonder than many Democratic voters don't show up to the polls when their fellow party members consider them little more than "trash" and "shitheads."

Congratulations, you've used the jury system on an anonymous forum to try to force ideological conformity at odds with the Democratic Platform despite clear rude and offensive conduct.

Now, after your proud victory on the DU jury, what are you doing in the real world to actually change hearts and minds (and the Constitution and related jurisprudence) concerning firearms?




99Forever

(14,524 posts)
200. I realize that I and many others are damn tired of being held hostage...
Sun Dec 14, 2014, 05:13 PM
Dec 2014

... by the NRA and it's minions. You want to run armed and scared all the time, that's a choice I don't share.

No other civilized nation on this planet gives into your mentality and I don't for one second think we need to either. I don't give a tinker's damn about whether I "change hearts and minds" of those who spend their lives prizing above all else, objects with the #1 reason for their existence being, to kill and wound other human beings. And no, I make NO apology for people calling you out, in any terms they deem necessary.

 

Duckhunter935

(16,974 posts)
204. How civil of you
Sun Dec 14, 2014, 05:43 PM
Dec 2014

Whens the last time anyone on here that is on the RKBA side called the other side a shithead?

 

Duckhunter935

(16,974 posts)
228. and how is that?
Sun Dec 14, 2014, 07:07 PM
Dec 2014
Obama agrees to an individual's right to bear arms, in principle, but does not take it as an absolute right and considers it as a negotiable subject.

http://2012.presidential-candidates.org/Obama/Gun-Control.php

We recognize that the individual right to bear arms is an important part of the American tradition, and we will preserve Americans' Second Amendment right to own and use firearms.


http://www.ontheissues.org/celeb/democratic_party_gun_control.htm

Out of the ballpark on this one
 

stone space

(6,498 posts)
271. I've been called a "gungrabber" here on multiple occasions.
Mon Dec 15, 2014, 09:12 AM
Dec 2014
How civil of you

Whens the last time anyone on here that is on the RKBA side called the other side a shithead?

 

Duckhunter935

(16,974 posts)
273. that ranks right up there with shithead and murderer
Mon Dec 15, 2014, 09:38 AM
Dec 2014

not to mention all of the penis references directed at RKBA supporters of both genders. Nice try but not even close to being equivalent.

I do not think I have ever used that term myself

 

stone space

(6,498 posts)
277. Let's be clear on what is meant by the epithet, "gungrabber".
Mon Dec 15, 2014, 09:45 AM
Dec 2014
The main indication that gun control in America has failed is the fact that its supporters are still alive. Millions of people who have invested in arms, training and lobbying in response to past restrictive legislation have no plans to surrender. If gun control efforts begin to infringe significantly on their ability to fight in the future, those who wish to disarm others will be killed.

http://www.a-human-right.com/effective.html




 

alcibiades_mystery

(36,437 posts)
207. As a rule, I don't interact with gunner trash
Sun Dec 14, 2014, 05:51 PM
Dec 2014

One has to meet a basic level of decency before I'll assent to a conversation.

 

Duckhunter935

(16,974 posts)
211. yes like not calling people names like shithead and trash
Sun Dec 14, 2014, 06:10 PM
Dec 2014

That is one of my criteria, but I fail to follow it as much as I should.

GGJohn

(9,951 posts)
214. Very revealing,
Sun Dec 14, 2014, 06:17 PM
Dec 2014

the RKBA folks here are being very civil and polite, yet we're the "gunner shitheads".

 

beevul

(12,194 posts)
219. What a bucket of nonsense.
Sun Dec 14, 2014, 06:51 PM
Dec 2014
"I realize that I and many others are damn tired of being held hostage by the NRA and it's minions."


What you really mean, is your tired of not being able to dictate to them.

The first sign, if you'd like to objectively take a look, is that you equate not being allowed by gun owners and people who vote strongly on the issue to dictate YOUR wishes on them, with being "held hostage".

"You want to run armed and scared all the time, that's a choice I don't share."


How do you know whether the person you were responding to with that carries a gun? Oh, you don't and you were just trying to cast aspersions and be nasty. I got ya. Beyond that, even if he does, nobody is asking you to "share" his choice. The pro-gun side doesn't do that. Your side is the one that attempts, time and time again, to use the force of law against people that just want you and your gun hating buddies to leave them the F alone.












99Forever

(14,524 posts)
221. Save for your gunner pals...
Sun Dec 14, 2014, 06:57 PM
Dec 2014

... I don't care if you like me or not. Nor will I play your silly games, so your loaded questions fall on deaf ears. I just plain find everything about gun culture disgusting and vile. That's my opinion and neither you or any other like-minded gun culture fanatics will ever change my mind.

 

beevul

(12,194 posts)
226. Youre entitled to your opinion...
Sun Dec 14, 2014, 07:03 PM
Dec 2014

Youre entitled to your opinion, but you aren't entitled to your own facts. And while I note how you are attempting to dodge some of those facts, which means they must be uncomfortable ones, I also note that when someone does that, it generally means they got nothing.


So much for "wanting a conversation on gun violence".

I guess you and your gun hating buddies didn't really mean that after all.

Color me unsurprised.

99Forever

(14,524 posts)
230. You damn straight I'm entitled to my opinion.
Sun Dec 14, 2014, 07:09 PM
Dec 2014

Not do I require your permission to state it. I won't "color you" anything but just another selfish gun culture person who thinks his guns are the most important thing on the face of the Earth.

 

Duckhunter935

(16,974 posts)
233. and so are we
Sun Dec 14, 2014, 07:48 PM
Dec 2014

as much as you would like to take that away from us here or GD like over in the "safe haven" that the pro-control side requires.

"just another selfish gun culture person who thinks his guns are the most important thing on the face of the Earth."


Not even close but whatever makes you happy calling other people names. It does nothing to bring about civil discussion but the RKBA side has been used to that treatment for a very long time here. I think the RKBA side has done a fantastic job of not having to sink to that level.
 

branford

(4,462 posts)
234. You're held hostage by the NRA,
Sun Dec 14, 2014, 08:00 PM
Dec 2014

the same way anti-choice activists are held hostage by Planned Parenthood. It's ludicrous and lazy hyperbole.

Welcome to a democratic republic where voters are permitted free speech, can lobby their elected officials and the majority can disagree with you with complete impunity. Moreover, if you want to convince others to share you beliefs and priorities, no less a significant number of fellow Democrats, you might just have to treat them with a modicum of respect and diplomacy. Nevertheless, you are certainly free to continue with your righteous indignation, everything is acceptable for the cause, gun rights supporters are baby-killers with small genitalia, shtick, although recent polling trends appear to prove that is a losing strategy.

 

Duckhunter935

(16,974 posts)
203. it is sad
Sun Dec 14, 2014, 05:38 PM
Dec 2014

that you can call fellow DU members that and not have it hidden. But that is how the pro-controller side likes it.

 

branford

(4,462 posts)
187. Not every criminal act provides ready or easy civil recourse.
Sun Dec 14, 2014, 04:36 PM
Dec 2014

However, there are a number of potential civil defendants if the parents seek redress (note that only half the families appear to be involved in the lawsuit). For instance, the school district and Lanza's mother's estate may be viable under certain legal theories, although whether the parents could actually prevail is uncertain.

Your invective and expletives appear to indicate that your complaint is that the gun manufacturer cannot be sued. However, even without the PLCAA, as I've discussed repeatedly above, I don't see how any plaintiff could demonstrate legally cognizable negligence. Firearms and their manufacture are perfectly legal (and constitutionally protected), and hatred of objects and those who produce, own or carry them does not constitute a basis for legal negligence. In fact, the PLCAA was passed primarily to prevent individuals and groups from filings frivolous lawsuits against those in the firearms industry, and enact social policy by bankrupting legitimate businesses who had not broken laws. The PLCAA does not grant immunity when a firearm is actually defective. However, when a firearm works as intended and designed, it does not constitute a flaw, despite the protestations of many here on DU and elsewhere.

The outcome would be no different if Lanza stole his mother's car and ran over the children. The manufacturers and dealers of the car would have no liability for its criminal misuse.

Lastly, people are more than capable of feeling sorrow and sympathy for the families and still not believe that upending decades of product liability and related jurisprudence is a proper or appropriate method to address a problem, no less concerning objects protected by the Constitution.

When you accuse others of being "trash" and "shitheads" when they choose not to adopt you position, you might be better describing yourself. It is no wonder easy and constitutional solutions like universal background checks cannot pass if individuals like yourself are the ones negotiating on the gun control side.

BeyondGeography

(39,377 posts)
205. They were sued by the Beltway sniper victims and settled
Sun Dec 14, 2014, 05:45 PM
Dec 2014
http://www.washingtontimes.com/news/2004/sep/9/20040909-095944-5026r/

The angle was they sold a gun to an irresponsible gun dealer. They settled to make the lawyers go away, per the article.

With that, it wouldn't surprise me if they are taking this suit more seriously than the many posters here who are dismissing it.

GGJohn

(9,951 posts)
208. You're forgetting that the DC Sniper killings took place in 2002, before the passage of
Sun Dec 14, 2014, 05:55 PM
Dec 2014

the PLCAA, which was passed in 2005.
I very highly doubt that Bushmaster will settle this time around.

https://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act


Protection of Lawful Commerce in Arms Act


The Protection of Lawful Commerce in Arms Act was passed by the U.S. Senate on July 29, 2005, by a vote of 65-31. On October 20, 2005, it was passed by the House of Representatives 283 in favor and 144 opposed. It was signed into law on October 26, 2005, by President George W. Bush and became Public Law 109-92. The National Rifle Association thanked President Bush for signing the Act, for which it had lobbied, describing it as, "...the most significant piece of pro-gun legislation in twenty years into law.

GGJohn

(9,951 posts)
212. Irrelevant.
Sun Dec 14, 2014, 06:12 PM
Dec 2014

With the protection of the PLCAA, Bushmaster has no incentive to settle out of court, especially if the lawsuit is 1.6 billion dollars.

GGJohn

(9,951 posts)
216. Oh I very much doubt that they're squirming,
Sun Dec 14, 2014, 06:20 PM
Dec 2014

I'll bet their lawyers have already drafted a notice to dismiss the case on the grounds of the PLCAA and will submit it to the court if and when the lawsuit is filed.

Cheers to you too.

 

branford

(4,462 posts)
232. Squirming? The level of armchair lawyering is outrageous.
Sun Dec 14, 2014, 07:46 PM
Dec 2014

First, the case hasn't even been filed. I wouldn't be surprised they "voluntary forbear" filing the complaint "to give Congress a final chance to act" or other face-saving nonsense. The fact that only half of the families are part of the suit speaks volumes.

Second, Bushmaster almost certainly has comprehensive insurance. It will pay for any required defense to the action and sustainable damages.

Third, the case will likely be disposed of quickly by a motion to dismiss.

Fourth, regardless of what occurs initially, there will be appeals, since that is the only real way to impact the validity of the PLCAA. However, be very careful what you wish for. The PLCAA is a well tested law and the apparent legal theory could best be described as "novel." In lawyer-speak, I can assure you that is not a good thing. A win for Bushmaster, particularly at the Supreme Court (who gave us Heller and McDonald), could help smother the "safe firearm" industry while it's still in its infancy. I guess the gun control advocates don't believe another Sandy Hook tragedy is likely to occur again in the near future, and given the continued polling trends against further firearm restrictions, want to milk Sandy Hook for all its worth. I guess the recent abject failures in Congress did not serve to dissuade the true believers.

Fifth, like many other gun control stunts, it will once again create greater solidarity and political enthusiasm among gun rights supporters, force many Democrats to again take a position on electoral loser issue for our party, and most ironically, be a valuable fundraising tool for NRA.

BeyondGeography

(39,377 posts)
242. They'll squrm for non-legal reasons
Sun Dec 14, 2014, 09:05 PM
Dec 2014

Everyone will be reminded of the association between their absurd product and Newtown. That's a bad day for them, if the suit is filed, of course.

 

branford

(4,462 posts)
265. Firearm sales skyrocketed after Newtown, including in blue CT,
Sun Dec 14, 2014, 11:46 PM
Dec 2014

and polling in support of gun rights and against restrictions is the highest it's been for decades. Newtown really was barely a political blip in the grand scheme of things, and on its second anniversary, there is virtually no mention except by activists. I would even argue that Newtown was a turning point where the public is now desensitized to mass shootings.

To the extent the lawsuit is filed and receives any mainstream coverage at all, the most that will probably happen is a small spike in sales for Bushmaster and other manufacturers while providing a fundraising opportunity for the NRA and similar organizations.

I believe you're projecting you own feelings about firearms onto the potential effects of any lawsuit. When the shooting was fresh and graphic, gun control advocates accomplished little and gun rights supporters became energized. While gun sales increased, a Democratic Senate couldn't even pass universal background checks. Since the shooting, some version of open or concealed carry is now available in all states. Simply, why would a very long-shot lawsuit challenging a tested law more than two years after the shooting with little press coverage engender a worse reaction than the shooting itself?

I believe Bushmaster will react to the lawsuit, if it is actually filed, with little more than a "meh," as they send it off to their insurer. Unless and until an appellate court actually accepts the plaintiffs' assumed legal theories, a very dubious proposition, the case will receive little coverage, and cause even less concern in firearm community.





BeyondGeography

(39,377 posts)
266. So did bans of the AR 15
Mon Dec 15, 2014, 12:03 AM
Dec 2014

And, as for the unpopularity of such bans, I can only speak for my home state of NY, where the Republicans campaigned very hard on the SAFE Act and lost the governorship by 15 or so points.

And please don't waste my time re. the futitlity of such bans in the face of those spunky and ever-creative gun manufacturers and their ability to circumvent them. Gun control remains very popular in the bluest areas of the country. That's not changing anytime soon.


 

branford

(4,462 posts)
268. I'm well aware of New York law and politics.
Mon Dec 15, 2014, 12:14 AM
Dec 2014

I'm a politically active a trial lawyer in NYC.

The SAFE Act is certainly not popular statewide, including in many of the upstate towns and counties, was an issue in many local and Congressional races to the detriment of Democrats, and some sheriffs have vowed to not even enforce the law. Moreover, the courts have already struck down some provisions (e.g., the seven round magazine limitation), and others are still being litigated. The issue is not nearly and black and white as you portray it.

The AR15 is also not a particular gun, but rather a platform, and happens to be the most popular rifle platform in the USA. While you might not want to discuss how manufacturers easily circumvent the features ban of the NY law (similar to the expired federal law), it is easily done, and does not in any way affect the lethality of the new models compared to the old. For instance, Connecticut had a "assault weapons ban" similar to NY prior to Newtown, and the guns Lanza used were fully compliant and evidently lethal.



Jefferson23

(30,099 posts)
215. I remember that..recalling Bushmaster at the time:
Sun Dec 14, 2014, 06:19 PM
Dec 2014

2012

snip* "It is not our role to take positions, or attempt to shape or influence the gun control policy debate. That is the job of our federal and state legislators," Cerberus said today. "There are, however, actions that we as a firm can take. Accordingly, we have determined to immediately engage in a formal process to sell our investment in Freedom Group... Our thoughts and prayers are with the families and communities impacted by this tragic event."

Bushmaster has not responded to an emailed request for comment from ABC News and has not addressed the deadly incident on its website as of this report.

Cerberus' move comes as investigators said they will be going back to the beginning -- back to the day Adam Lanza was born and the day the Bushmaster was manufactured -- in an attempt to figure out what may have caused the troubled young man to so easily get his hands on such a deadly weapon.

Officials said the rifle was purchased legally by Lanza's mother, Nancy, in 2010, well after family friends said Lanza's behavioral issues were clear. The same year Bushmaster ran an advertising campaign extolling its customers to buy their assault-style weapons to prove they're a "Man's Man" in a "world of depleting testosterone."

http://abcnews.go.com/Blotter/newtown-shooting-investment-firm-drops-stake-bushmaster-owner/story?id=18004042

 

Duckhunter935

(16,974 posts)
220. Wall Street Firm Hasn't Sold Off AR-15 Maker Despite Newtown Promise
Sun Dec 14, 2014, 06:56 PM
Dec 2014
"Cerberus Capital Management has not sold a single penny of its investment in Freedom Group. This is inexcusable and these delays can no longer be tolerated,” reads a letter delivered to Cerberus on Tuesday by Rep. Charles Rangel (D-NY)

Many took Cerberus’ December announcement that it would stop investing in firearms as an indication that renewed vigor in the gun control debate made guns a riskier bet for Wall Street firms. Indeed, Cerberus initially had trouble finding potential buyers and the company’s CEO mulled putting up his own offer for the Freedom Group to ward off low bids. Ultimately, he dropped the plan as bids for the company started to roll in, the Wall Street Journal reported in July.

But as Quartz notes, Cerberus has likely been making money off of Freedom Group over the past nine months. As increased attention to gun control boosted sales, the Freedom Group reported a 51 percent increase in sales this year from second quarter 2012.


http://www.huffingtonpost.com/2013/09/24/cerberus-gunmaker-divestment_n_3983104.html

I guess they like making money on the uptick of firearms sales.
 

beevul

(12,194 posts)
223. I love this part...
Sun Dec 14, 2014, 06:57 PM
Dec 2014
"so easily get his hands on such a deadly weapon."


I mean...its not like he had to kill someone to gain possession of it or anything.
 

Lurks Often

(5,455 posts)
227. Wrong, you might want to do some research
Sun Dec 14, 2014, 07:07 PM
Dec 2014

Cerberus still owns the Freedom Group, of which Bushmaster is a part. They were unable to find a legitimate buyer and appear to have decided to stay in the firearms industry.

 

stone space

(6,498 posts)
281. Do you thank George W. Bush, also?
Mon Dec 15, 2014, 09:59 AM
Dec 2014
The National Rifle Association thanked President Bush for signing the Act, for which it had lobbied, describing it as, "...the most significant piece of pro-gun legislation in twenty years into law.
 

Lurks Often

(5,455 posts)
282. Might want to look in the mirror
Mon Dec 15, 2014, 10:36 AM
Dec 2014

Arguably it was Ann Richard's being in favor of gun control that cost her the governorship of Texas and started George W Bush on the path toward the Presidency.

Thanks a lot gun control extremists.

 

Lurks Often

(5,455 posts)
284. It means that gun control extremists
Mon Dec 15, 2014, 10:43 AM
Dec 2014

probably cost Ann Richard's the Texas Governorship and probably cost AL Gore the 2000 election, since if he had carried his home state of Tennessee or any one of a number of states where gun control is a loser, what happened in Florida would not have meant a damn thing.

 

branford

(4,462 posts)
287. You missed the point.
Mon Dec 15, 2014, 10:54 AM
Dec 2014

If Anne Richards in Texas did not support gun control measures, we might never have been plagued with George W. Bush.

Gun control has cost many Democrats dearly, particularly in the south, midwest and southwest. When we lose these elections, our entire agenda loses, which encompasses far more than just guns.

 

stone space

(6,498 posts)
289. I think it was posted to me by mistake.
Mon Dec 15, 2014, 10:57 AM
Dec 2014

"Look in the mirror"?

Makes no sense at all.

My post was about thanking George W. Bush, as the quoted text suggests.

 

stone space

(6,498 posts)
292. OK, a comment posted to a random gun control advocate...
Mon Dec 15, 2014, 11:08 AM
Dec 2014

...having absolutely nothing to do with the post you were replying to.

But definitely not an accidental post.

Done on purpose.

OK.

Guess I just won the lottery.

You had something you wanted to say to somebody, and it had to be attached to somebody's comment, and I was the lucky guy.

That's cool.

Have a nice day!



 

Lurks Often

(5,455 posts)
306. USA gun control extremists are usually rude
Mon Dec 15, 2014, 03:01 PM
Dec 2014

intolerant, intentionally ignorant, resort to petty name calling and often have some strange sort fetish of equating firearms with a penis.

They are also bitter because they have been losing steadily in Congress, the courts and most of the state legislatures for the past 20 years.

NoJusticeNoPeace

(5,018 posts)
311. Rude LOL oh my god, the people who are against guns slaughtering people are the rude
Mon Dec 15, 2014, 03:51 PM
Dec 2014

ones

I know, you are not FOR guns slaughtering anyone, but if they do, they do...

 

Lurks Often

(5,455 posts)
313. Get back to me when you have a realistic plan to change things
Mon Dec 15, 2014, 04:05 PM
Dec 2014

I haven't seen one gun control extremist here come up with an idea that will make it through Congress or withstand judicial scrutiny.

 

beevul

(12,194 posts)
321. Are you under the impression that being "against guns slaughtering people" makes one incapable...
Mon Dec 15, 2014, 04:35 PM
Dec 2014

Are you under the impression that being "against guns slaughtering people" makes one incapable of being rude?

What does one have to do with the other?


Can you explain?

 

VScott

(774 posts)
238. Once bitten...
Sun Dec 14, 2014, 08:50 PM
Dec 2014

twice shy.

With that, it wouldn't surprise me if they are taking this suit more seriously than the many posters here who are dismissing it.


I trust that they learned to work more closely with their insurance company for one thing.

The good news is that despite all their chest pounding and bloviating, the Brady Campaign and 2nd amendment
foes failed once again to break or bankrupt a decent and legitimate firearms manufacturer.

Bushmaster Responds to Brady Groups False Claim of Victory
Thursday September 9, 2004 9:24AM est

Windham, Maine -- The Washington DC Brady Group would have you believe they won some kind of victory! The Brady Group brought this lawsuit not for the victims, but for their anti-gun agenda. The Brady Group asked for the settlement conference after reviewing all the evidence they knew they could not be successful in court and they wanted to stop paying lawyer fees.

The Brady Group sent a second tier lawyer to the settlement conference with nine demands on Bushmaster regarding business practices and Bushmaster denied them all. We then gave the Brady Group our statement that we support the BATF licensing requirements to be a Federal Firearms Licensed (FFL) holder and our support for the National Shooting Sports Foundation (NSSF) safety programs, and they accepted our statement. We did not agree and would not agree to change the way we do business or make any additional demands of our customers. We were emphatic that Bushmaster did not commit any wrong doings.

The attorney for our insurance company was at the settlement conference and informed us that about half of our policy limits had been spent on trial lawyers. It was the insurance company’s position that all of the limit would be spent on this case, and therefore turned the funds over to Bushmaster to use as we saw fit removing the insurance company from the case. Our choice was to continue spending it on trial lawyers or turn it over directly to the victims’ families with no funds going to the Brady Group for their legal fees.

We felt the compassionate thing to do was give it to the victims’ families, not because we had to but because we wanted to. The Washington DC Brady Group should learn what compassion is really all about!

Bushmaster strongly believes and vigorously supports the rights of citizens to own and use firearms, and the settlement of this case in no way compromises that stand. The Brady Group’s attempt at claiming a victory over firearms manufacturers is a hollow one with no substance. Their attempt to eliminate gun rights of citizens has failed legislatively and will continue to fail with these frivolous lawsuits against gun manufacturers.

Bushmaster Firearms, Inc.


Press Release:

September 8th, 2004 5:54PM est

Windham, Maine -- Bushmaster Firearms is pleased to announce a conclusion to the DC sniper case brought by the victim’s families and the Brady organization. The balance of the insurance policy not spent on legal fees, approximately $550,000, will go to the victim’s families for their grief.

Bushmaster reaffirms its commitment to BATF requirements and National Shooting Sports Foundation’s (NSSF) goals.

Bushmaster supports that FFL Dealers and Distributors who sell its products follow the recommendations of the BATF newsletters and the National Shooting Sports Foundation (NSSF) publication “Don’t Lie for the Other Guy” program and their other safety literature.

Bushmaster supports the standards set forth by the BATF in their requirements to be a licensed FFL holder.

Richard E. Dyke
Chairman
Bushmaster Firearms, Inc.
Windham, Maine


https://web.archive.org/web/20040911001123/http://www.bushmaster.com/

Bushmaster Firearms of Windham, Maine, agreed to pay $550,000 to eight plaintiffs. Bull's Eye Shooter Supply of Tacoma, where the snipers' Bushmaster rifle came from, agreed to pay $2 million.

Kelly Corr, the attorney representing Bushmaster, said the company made ''no admission of liability whatsoever."

He said Bushmaster and its insurance company, which will pay the $550,000, decided to settle rather than continuing to run up legal fees in court. Corr said the settlement will not change the way Bushmaster conducts business.

''Bushmaster believes it is a responsible manufacturer," he said.

As part of the settlement, though, Bushmaster agreed to educate its dealers on gun safety.


http://www.boston.com/news/nation/washington/articles/2004/09/10/gun_maker_and_dealer_settle_in_dc_sniper_shootings_lawsuit/


My money is on Bushmaster prevailing. I wish them well, and extend them the support and backing they deserve
against this aberration of a lawsuit.

Jefferson23

(30,099 posts)
236. snip* No other industry in the country benefits from such special legal protection.
Sun Dec 14, 2014, 08:32 PM
Dec 2014

Tell Congress:
Because of a law enacted in 2005, victims of the gun industry's negligent practices are prohibited from filing lawsuits in America's courts. No other industry benefits from such special legal protection. Repeal the "Protection of Lawful Commerce in Arms Act" immediately.

http://csgv.org/action/repeal-the-gun-industry-immunity-law/

GGJohn

(9,951 posts)
237. How are the practices of the firearms industry negligent?
Sun Dec 14, 2014, 08:46 PM
Dec 2014

And, what are the chances of that petition passing? Especially with a Repub. controlled Congress?

Jefferson23

(30,099 posts)
239. No industry should be afforded such protection under the law..they have gained
Sun Dec 14, 2014, 08:51 PM
Dec 2014

this right, for now, due to lobby money.

No different than Wall Street lobby power.

Do I have to withdraw the petition because they won't pass it? It becomes another
part of a documented record of how corrupt our system has become. Citizens United
will be challenged...until then, enjoy your lobby power.

GGJohn

(9,951 posts)
240. You said the industry is negligent, I asked how,
Sun Dec 14, 2014, 08:55 PM
Dec 2014

and I didn't say anything about withdrawing the petition, I just asked what are the chances of the PLCAA being revoked with a R controlled Congress?

And don't forget, there are a lot of pro RKBA Dems in Congress.

Jefferson23

(30,099 posts)
241. Where did I say they were negligent? In regards to what..their lack of safety measures?
Sun Dec 14, 2014, 09:01 PM
Dec 2014

If so, that would be accurate. The law is a travesty..they should not have protection
under the law, a law crafted by the gun lobby.

Your question on whether it would pass or not is rhetorical, or should have been.

Gee, I wonder why there are pro gun people in the Dem congress...they vote
for perks to Wall Street too...nothing new. Or do you believe they vote for this
garbage based on the merits?...that would be amusing.

GGJohn

(9,951 posts)
244. I'm sorry, you didn't say they were negligent,
Sun Dec 14, 2014, 09:21 PM
Dec 2014

it's in the petition.

Tell Congress:
Because of a law enacted in 2005, victims of the gun industry's negligent practices are prohibited from filing lawsuits in America's courts. No other industry benefits from such special legal protection. Repeal the "Protection of Lawful Commerce in Arms Act" immediately.


So I apologize, but I still don't know what negligent practices the petition is talking about.

Why is the law a travesty? It was because of the anti gun practices of several cities, on the advice of the Brady Org., to use SLAPP suits in an attempt to do an end run around the 2A and bankrupt the industry, which is the reason Congress took action.

Jefferson23

(30,099 posts)
246. A special priviledge law to protect gun manufacturers, designed by
Sun Dec 14, 2014, 09:29 PM
Dec 2014

the gun lobby, that rings kosher to you. The Congress took action because they are influenced
to do so, period.

GGJohn

(9,951 posts)
248. Cities attempting to do an end run around the 2A by using SLAPP suits
Sun Dec 14, 2014, 09:36 PM
Dec 2014

to bankrupt the firearms industry rings kosher to you?
There wouldn't be the PLCAA if this wasn't attempted, so in essence, the cities are the one's who forced the Congress to pass this protection law.

Jefferson23

(30,099 posts)
250. You imagine they would allow themselves to be sued into oblivion? You can't be serious.
Sun Dec 14, 2014, 09:47 PM
Dec 2014

What they would do in response to get the lawyers off their backs is to support
gun legislation that has teeth...and safety technology applied to their guns.



Jefferson23

(30,099 posts)
258. I don't know that to be an accurate account of their end goal. Reagrdless, the gun lobby
Sun Dec 14, 2014, 10:04 PM
Dec 2014

would back down from obstructing laws, that much I believe you could count on.

 

VScott

(774 posts)
243. If this current lawsuit is evident of anything...
Sun Dec 14, 2014, 09:16 PM
Dec 2014

it's that firearms manufacturers need, and should get even more protection if this bogus legal
proceeding and practice is allowed to continue.

See my above post http://www.democraticunderground.com/1014964351#post179

You state that "No other industry benefits from such special legal protection"

It's because no other industry has to put up with this constant barrage of immature, frivolous, costly bull shit
in an attempt to bankrupt them despite any wrongdoing.

Jefferson23

(30,099 posts)
245. Repugnant opinions like yours are rampant in this thread.
Sun Dec 14, 2014, 09:23 PM
Dec 2014

Enjoy your lobby benefits, while they last.

 

Duckhunter935

(16,974 posts)
247. "any day now"
Sun Dec 14, 2014, 09:32 PM
Dec 2014

been hearing that for the last 30 years. Things seem to be going the other way from what you want. Just a matter of time before Bloomberg cuts his loses, takes his money from the astroturf organizations and goes home.

Jefferson23

(30,099 posts)
249. You can read, correct? So don't quote me and then get it wrong. Those are your words, not mine.
Sun Dec 14, 2014, 09:45 PM
Dec 2014

I support the fight for public funded elections, first and foremost, over turning CU.

I support the right for Americans to sue this manufacturer..I hope they succeed.

You seem to be implying the current status is going the way it is based on the
merits of the situation. Lobby money, pray it stays the way it is, that is the only
way you'll remain in control. Yet, you'll have to forfeit other political positions, that is
if you support them, such as Wall Street regulation, student loan debt bubble and a host
of other measures that will allow the middle class to survive..as it is the poor have been
done for, a long time ago.

While it lasts is what I said...enjoy it.



 

Duckhunter935

(16,974 posts)
253. quote was from other DU members
Sun Dec 14, 2014, 09:55 PM
Dec 2014

If I quoted you, I post quote and give credit. I will continue to quote as I see fit. Please do not tell me to censor my responses.

 

Duckhunter935

(16,974 posts)
256. "Then don't use quotes in your response..would appreciate that"
Sun Dec 14, 2014, 09:59 PM
Dec 2014

this is your quote, what does it mean then?

 

VScott

(774 posts)
259. THE TIDE IS TURNING!!!
Sun Dec 14, 2014, 10:06 PM
Dec 2014

How many times have I read that before?

What gives you reason (or hope), that the "tide" (or public opinion), will turn in your favor?

What sort of change, crisis or event can you possibly foresee that would bring about this change?

Newtown certainly didn't do it.
And that event was only 2 years ago to this day, and it was universally embraced, accepted by gun control
advocates as the "no more" watershed moment that would redefine gun control legislation as we currently
know it.

Look at what happened instead.

UCB's were defeated.
Renewal of the AWB was defeated.
Politicians in CO were recalled.
A handful of the predictable traditionally gun control states passed legislation, but other than N.Y.,
nothing at the "holy shit" level, and in the process, even they fucked themselves up
Firearms and ammunition sales skyrocketed like never before
Public opinion polls have shown greater support for the RKBA.


And you expect me (us) to believe that the 'tide will turn'.
Maybe in your alternative universe, but reality and history is on mine (our) side.

Jefferson23

(30,099 posts)
260. Do you guys freak out over every single mention that your control of the Congress
Sun Dec 14, 2014, 10:10 PM
Dec 2014

may not last forever??

All I said was, while it lasts. lol


Nothing lasts forever, btw.

 

VScott

(774 posts)
263. "Freaking out" am I (we) now?
Sun Dec 14, 2014, 11:01 PM
Dec 2014

Speaking for myself, I can assure you thats hardly the case.

You want to know why the gun control side is losing so badly; it's because they pick the wrong
battles to fight, and they overwhelm themselves with a multitude of battles they can't possibly win.

As a longtime gun owner, believer in personal responsibility and accountability, I find it abhorrent
that a well respected law firm would sink this low.

From where I'm sitting, and reading this thread, is that the gun control side is "freaking out" that
legislation has taken a 180 degree turn, and that the PLCAA is at least responsible for the problems
(real or imagined), that we have now.

I agree. But "nothing lasts forever" is a relative term, and it has to be put in a realistic one.

Days, weeks, months, years, decades... etc.

Yes, change, "turning of the tides" is always possible, but it also works both ways.
Even more relaxation, repealing of existing gun control laws, passage of favorable 2nd amendment laws
could happen also.

Jefferson23

(30,099 posts)
264. More relaxation, repealing of existing gun control laws, etc.
Sun Dec 14, 2014, 11:05 PM
Dec 2014

Hey, you never know, with your energy and enthusiasm..it could happen.

 

branford

(4,462 posts)
267. Some industries have received protections similar to the PLCAA
Mon Dec 15, 2014, 12:03 AM
Dec 2014

in some states, most notably vaccines manufacturers and fast food establishments.

I assume that if other industries are targeted in such a universal manner by SLAPP lawsuits, including by well funded municipalities, they too will receive similar state or federal protection.

In any event, I would also note that firearms are not like other products subject to product liability jurisprudence. Although the potential lethality of most firearms is not in dispute, they are nevertheless explicitly protected in the Constitution, much to the chagrin of many on this forum. Their purported dangerousness, at least according to the Founders, was clearly a feature, not a bug.

 

stone space

(6,498 posts)
275. Um...Tobacco?
Mon Dec 15, 2014, 09:41 AM
Dec 2014
It's because no other industry has to put up with this constant barrage of immature, frivolous, costly bull shit
in an attempt to bankrupt them despite any wrongdoing.
 

VScott

(774 posts)
299. I mentioned tobacco companies in a previous post
Mon Dec 15, 2014, 02:38 PM
Dec 2014
http://www.democraticunderground.com/1014964351#post179

The distinction with regard to the lawsuits against them, is that they knowingly and willfully lied and mislead
consumers about the health issues of their product.

If the same could be proven against firearms manufacturers, they would not be protected by the PLCAA.

The majority of the lawsuits that were filed prior to the PLCAA, were of the "public nuisance" and distribution variety.

mmonk

(52,589 posts)
272. Make the gun manufacturer explain
Mon Dec 15, 2014, 09:26 AM
Dec 2014

the necessity of the amount of rounds before having to reload and how this in no way helped contribute to any of the deaths.

GGJohn

(9,951 posts)
293. Why should they have to explain anything?
Mon Dec 15, 2014, 11:20 AM
Dec 2014

Their not responsible for the criminal misuse of their product.

mmonk

(52,589 posts)
297. A lawyer will not be seeking that approach.
Mon Dec 15, 2014, 02:17 PM
Dec 2014

They will be looking at how the product might contribute to a wrongful death however it is to be defined.

GGJohn

(9,951 posts)
298. They can try to seek that approach, but it will fail.
Mon Dec 15, 2014, 02:29 PM
Dec 2014

This case won't even see the inside of a courtroom.
But I'll entertain this approach, if I get into a Ford while drunk and injure or kill a bunch of people, then Ford can be sued because it contributed to the carnage?

mmonk

(52,589 posts)
301. That is where we disagree. I think it will
Mon Dec 15, 2014, 02:47 PM
Dec 2014

go to trial. I was just laying out the angle I think it will go.

GGJohn

(9,951 posts)
303. The PLCAA is pretty clear on this,
Mon Dec 15, 2014, 02:54 PM
Dec 2014

unless Bushmaster manufactured a defective product, or it knowingly committed a criminal act by selling the rifle to a known criminal, then the company is shielded from a civil lawsuit.
No, Bushmaster did no wrong, neither did the dealer, so this lawsuit will almost certainly be dismissed, and any appeal will fail also.

mmonk

(52,589 posts)
339. No one is claiming it is a defect.
Tue Dec 16, 2014, 07:55 AM
Dec 2014

The determination whether it proceeds will be determined from a judge's seat.

hack89

(39,171 posts)
291. So the real suit should be against the magazine maker
Mon Dec 15, 2014, 11:05 AM
Dec 2014

or are you arguing against all semiautomatic guns?

hack89

(39,171 posts)
294. The state of Connecticut, through their AWB, said the number of rounds fired was legal
Mon Dec 15, 2014, 12:53 PM
Dec 2014

lets not forget that CT has a strict AWB and Lanza's gun met all those requirements. Perhaps the parents should sue the state and the law makers that made Lanza's gun legal.

Companies don't need to go to court to explain why they obeyed the law.

 

LanternWaste

(37,748 posts)
295. Regardless of outcome, I see this as a positive action
Mon Dec 15, 2014, 02:04 PM
Dec 2014

Regardless of outcome, I see this as a positive action as it will force the conversation to remain focused, at least in part, on the innocent victims of gun violence... something that seems to fade all too quickly as many begin to cherry-pick statistics to more easily validate the NRA's branding and bias.

 

VScott

(774 posts)
300. The litigants reasoning for suing Bushmaster
Mon Dec 15, 2014, 02:43 PM
Dec 2014

They're throwing and hoping for a Hail Mary pass with this one...

The negligence and wrongful death lawsuit, filed in Bridgeport Superior Court, asserts that the Bushmaster AR-15 rifle should not have been made publicly available because it was designed for military use and is unsuited for hunting or home defense.

“The AR-15 was specifically engineered for the United States military to meet the needs of changing warfare,” attorney Josh Koskoff said in a release. “In fact, one of the Army’s specifications for the AR-15 was that it has the capability to penetrate a steel helmet.”


http://connecticut.cbslocal.com/2014/12/15/newtown-families-file-lawsuit-gunmaker/

GGJohn

(9,951 posts)
304. Yeah, that's going to be laughed out of court real fast.
Mon Dec 15, 2014, 03:00 PM
Dec 2014

Any hunting round will penetrate a steel helmet. This really is a hail mary pass.
Does any modern Military use steel helmets anymore?

 

branford

(4,462 posts)
305. The case has been filed and the complaint is available online.
Mon Dec 15, 2014, 03:01 PM
Dec 2014
http://www.washingtonpost.com/news/post-nation/wp/2014/12/15/newtown-families-sue-rifle-manufacturer-distributor-and-seller-for-wrongful-death/

The substantive bulk of complaint reads more like a press release than routine pleading. It is also exactly the type of lawsuit that the PLCAA was intended to prohibit.

The plaintiffs effectively seek to ban all semiautomatic rifles (or apparently any rifles with a military origin or pedigree) and "high capacity" magazines through tort law as too dangerous for civilian ownership and use, despite the fact that Lanza's weapons met all federal regulations and CT's assault weapons ban standards.

I expect the case to be promptly dismissed under a number of grounds, and then used as a political symbol by activists for the need for more gun control and the repeal of the PLCAA. Since the case has been filed in CT state court, there's a small chance that the judge will rule that the case can proceed to discovery. In this unlikely event, I expect a prompt interlocutory appeal in the state appellate courts or even the defendants seeking injunctive relief in the federal courts under the PLCAA.

I would also ironically note that if this case actually manages to reach the federal appellate courts or ultimately the Supreme Court, it could be the perfect vehicle to widen the scope of Second Amendment jurisprudence to conclusively protect the most popular rifles in USA, just as earlier cases protected popular handguns. The NRA and Second Amendment Foundation are no doubt preparing amicus briefs, possibly even seeking status as an intervenor in the lawsut, and will no doubt fundraise prolifically as the case proceeds.

GGJohn

(9,951 posts)
307. Judging by what I'm reading in you post,
Mon Dec 15, 2014, 03:06 PM
Dec 2014

this has the potential to badly backfire on the Plaintiff's and law firm?

 

branford

(4,462 posts)
309. It has the potential to backfire.
Mon Dec 15, 2014, 03:36 PM
Dec 2014

Whenever activists challenge a law or policy, the loss strengthens the other side. If the federal appellate court hold that semiautomatic rifles, and less likely "high capacity" magazine," are explicitly protected by the Second Amendment, it could weaken or prohibit expansive assault weapons bans and related laws across the country, the exact opposite of what the plaintiffs desire.

I have no doubt that given the failure of the Democratic Senate to pass any gun control measures (irrespective of the fact that the proposals would have never passed the House) and the recent polling demonstrating support for gun rights at an all time high, I imagine that the activists believed they should try to challenge the PLCAA before political conditions worsen and under the auspices of a rare and notable tragedy like Sandy Hook. Given current legal and political trends, I assume that the plaintiffs believe they have little to lose. I'm not nearly as certain that more moderate gun control advocates would share such an opinion. When one side is effectively seeking broad gun bans, the other side is usually not inclined to offer compromise on less contentious issues like universal background checks.

If I were to hazard a guess, the state court will dismiss the lawsuit on very limited or specific grounds, without reaching the PLCAA issues. This could prolong the action, particularly at the appellate level, but provide the plaintiffs with more publicity before the eventual permanent dismissal.

 

Lurks Often

(5,455 posts)
312. With the challenges to the NY & CT gun controls having been heard by the 2nd Circuit of Appeals
Mon Dec 15, 2014, 04:02 PM
Dec 2014

there is a chance that the 2nd Circuit of Appeals may very well rule that both semiautomatic rifles and "high capacity" magazines are both protected by the Second Amendment.

CT's case was not helped by the judge in the initial ruling stating that the AR-15 and other semiautomatic rifles are in common use, even if the judge upheld the law.

The real question is will NY or CT appeal to the Supreme Court if they lose at the Second Circuit of Appeal level. Do they risk losing at the Supreme Court level and setting additional precedents that strengthen the Second Amendment or do they accept the defeat and try a different approach when the make up of the Supreme Court might change to favor the gun control side.

 

branford

(4,462 posts)
318. If I had to guess,
Mon Dec 15, 2014, 04:23 PM
Dec 2014

knowing the Second Circuit, I imagine that most of the justices would vote to dismiss the lawsuit based on the PLCAA or even more limited grounds, rather than risk a decision on a contentious constitutional issue ripe for a conservative Supreme Court's consideration.

However, you never know how these cases will resolve, particularly when activists are willing to push the appellate envelope. However, I virtually guarantee that the plaintiffs will not prevail with their lawsuit, and unlike the pre-PLCAA sniper case, the defendants will not settle due to legal uncertainty or litigation costs.

Gothmog

(145,489 posts)
367. Case was filed in state court with non-diverse instate necessary party defendants
Tue Dec 23, 2014, 08:08 PM
Dec 2014

It is not clear that this case will end up in federal court on diversity grounds

 

Lurks Often

(5,455 posts)
369. It will end up in federal court if not tossed out
Tue Dec 23, 2014, 08:18 PM
Dec 2014

in the state court(s). Fairly certain federal law will trump state law in case like this.

Gothmog

(145,489 posts)
372. There is no diversity or federal question
Tue Dec 23, 2014, 08:52 PM
Dec 2014

This is a lawsuit on a state law cause of action with no diversity because there are a number of necessary partys who are from the same state as the plaintiffs. The case is based on an exemption to the federal act and so I have trouble seeing a federal question

 

Lurks Often

(5,455 posts)
374. Since neither Bushmaster or the distributor have a presence in CT
Tue Dec 23, 2014, 09:12 PM
Dec 2014

Federal law can probably be invoked under the 10th Amendment. We'll see soon enough.

Since Bushmaster sold a legal product under both state and Federal law to a distributor who then sold it to a licensed (at the time) Federal Firearm Dealer who sold to a person legally entitled under state and Federal law to own that firearm, I find the law firm's argument rather weak.

The FFL dealer in question rightfully lost their license for things unrelated to the Sandy Hook shooting, mostly for very sloppy paperwork and failure to keep track of firearms that had been stolen from the store by an employee without the store knowing the firearms were missing.

Gothmog

(145,489 posts)
376. You have to have complete diversity for diversity jurisdiction
Tue Dec 23, 2014, 09:37 PM
Dec 2014

There are several non-diverse defendants named and unless Cerebus can get these defendants severed then there is no diversity

 

Lurks Often

(5,455 posts)
379. I'm going to side with the trial attorney who has already posted
Wed Dec 24, 2014, 09:09 AM
Dec 2014

that also thinks the case will go nowhere.

The AR-15 has been a legal product for more then 40 years, it is not inherently any more dangerous or lethal then any other of a number of also legal semi-automatic rifles. Sandy Hook could have been committed with either of the 2 handguns the little murderer had or with the shotgun he left in the car.

You can argue legal technicalities until you turn blue in the face, but if you think this case will stand up to appeal, even if by some chance the first judge doesn't toss it out, you are allowing your biases to blind you.




wordpix

(18,652 posts)
322. "met all federal regulations and CT's assault weapons ban standards"
Mon Dec 15, 2014, 04:42 PM
Dec 2014

Let me tell you something about CT assault weapons standards. In the small town of Litchfield, CT, in a section called Northfield, there's a new commercial training operation using AR-15s and other assault weapons. This operation never went through a Planning and Zoning hearing because the site used to be a local gun club, which was dissolved when the property was sold; nevertheless the current owner says he is "continuing use." Customers of the training operation are walking around open carrying in a residential zone and no one is checking their permits, licenses or backgrounds. Neighbors are scared. The town has no gun activity regulations and police won't do a thing b/c they're training at this new gun mecca and say they have no authority to shut down the noise or business on safety grounds.

Currently the local Zoning Board of Appeals just closed a public hearing on the issue. It is likely to go to court if the ZBA approves the operation.

So much for CT's assault weapons standards. The state will not get involved in local issues unless there's a Newtown-style shooting and meanwhile, locals are trying to prevent another one. The state does NOTHING about prevention.

GGJohn

(9,951 posts)
325. CT's Assault weapons standards has more to do with the design and features of the weapon,
Mon Dec 15, 2014, 04:57 PM
Dec 2014

not about where it can be used to practice.

 

branford

(4,462 posts)
326. Assuming you story is accurate, how does it affect my legal analysis?
Mon Dec 15, 2014, 05:01 PM
Dec 2014

The State of Connecticut has a strict assault weapons ban. Lanza's weapons were fully compliant, and hence would not be considered "assault weapons" in the state. The plaintiffs' (and apparently your) real complaint is that their elected officials do not appear to agree with them as to what constitutes an "assault weapon" (to the extent that the ban the plaintiffs' seek is even constitutional).

Your story is nothing more than a very common zoning dispute. I don't start pearl clutching and fainting simply because the matter may have an ancillary concern about firearms.

You complain that the situation is immediately dangerous and deadly. I would therefore inquire as to how many individuals with weapons at the site have broken any state or federal laws or if there has been any gun violence or accidents, including assaults or self-defense? Do you concerns remotely comport with reality?

Just because you believe that the state does not do enough to prevent gun violence or because some people are purportedly scared, does not mean courts are entitled to subvert the will and purview of the legislature.

wordpix

(18,652 posts)
355. nothing wrong with your analysis, just saying don't look to the state
Tue Dec 16, 2014, 02:53 PM
Dec 2014

to do ANYTHING about questionable gun activity re: AR 15's such as what I described. The state will wait for another disaster before it steps in. And this is a state run by Dems.

 

branford

(4,462 posts)
356. Discussing AR15's is a red herring.
Tue Dec 16, 2014, 03:14 PM
Dec 2014

In fact, you story indicates that you object to the carrying of any weapon in a residential areas. All rifles account for a minuscule percentage of all gun crime, and the vast majority of common pistols would have been equally lethal in circumstances like Sandy Hook.

As the plaintiffs' complaint clearly demonstrates, they apparently are seeking through tort law to ban civilian ownership of all semiautomatic and military-origin rifles (and "large capacity" magazines), which comprise the majority of the most popular and commonly owned rifles in the county. Such a broad gun ban is almost certainly unconstitutional and not supported by the majority of citizens, and as recent polling unmistakably suggests, support for gun restrictions continues to decline.

As you acknowledge, CT is a fairly liberal blue state run by Democrats, and they passed one of the strictest assault weapons bans in the country even before the Sandy Hook shooting. The state is not doing anything more because they cannot due to both constitutional restrictions and lack of public support.

What solutions would you propose that are legally permissible and could achieve wide popular support, either nationally or just in CT?

wordpix

(18,652 posts)
362. open carrying with no one checking permits is illegal in CT
Wed Dec 17, 2014, 12:37 PM
Dec 2014

The law says you can open carry as long as you have a permit or license. But no one is checking.

The state should let the town know this at least is illegal.

 

branford

(4,462 posts)
364. If the area is a lawful gun range, I assume the open carry would be perfectly legal
Wed Dec 17, 2014, 01:48 PM
Dec 2014

without a special permit. The issue is really just a run-of-the-mill zoning dispute, and one that appears to favor the continuing use of the property as a gun range. The zoning board and courts will sort the matter out in due time.

In any event, if open carry is legal with a permit (I'm not personally familiar with CT carry laws), the police need more probable cause to demand the individuals present their identification and permit than just the fact they are open carrying, particularly given the number of people doing so and the obvious zoning issues, in order to protect themselves against harassment and related claims. For example, the police in Philadelphia, directed by the elected authorities, liked to hassle people who legally opened carried in a similar manner, and as a result have routinely had to pay-out civil judgments.

As I inquired earlier, you appear to believe that this matter presents an immediate and dangerous threat. Other than the general discomfort of some residents concerning firearms, have any incidents actually occurred to prove an actual threat exists, such as negligent discharges of any weapons, ancillary crime like drug dealing, armed assaults, or specific and directed threats of violence against neighbors other than the mere presence of people with weapons at what is arguably a gun range?

 

Adrahil

(13,340 posts)
340. Such bans almost always have exemptions....
Tue Dec 16, 2014, 07:57 AM
Dec 2014

... And a training place is likely to have them.

There are, for example, certain Federally Firearms Licensed gun dealers who are exempt from the 1986 new machine gun ban.

And the neighbors probably need to get over it in this case. People going to such training facilities (I've been to one), are usually interested in learning the proper and safe use of a firearm, although I am surprised by the open carry in public. The training site I went to required guns to be left on-site when going out for meals, etc.

 

VScott

(774 posts)
327. Questions, counselor.
Mon Dec 15, 2014, 05:18 PM
Dec 2014

The complaint makes no mention of why the PLCAA should not apply to the defendants.

Are they glossing over it for a reason, or is it something that would be addressed later on in the proceedings
(as in they'll make their reasoning known after the defendants have their say why the suit should be
disallowed)?

I know your practice is in NY, but how much time do the defendants have to respond?

 

branford

(4,462 posts)
328. I do not believe that the lack of reference to the PLCAA is a defect in the complaint,
Mon Dec 15, 2014, 05:55 PM
Dec 2014

although its purported lack of applicability would likely have been indicated in a less public pleading. As I mentioned earlier, the bulk of the complaint reads like a press release, and any mention of the defendants' possible immunity to suit would detract from the political message, and might raise questions from reporters without relevant legal training or experience.

Unfortunately, I'm not at all familiar with Connecticut state trial procedures or deadlines. Nevertheless, the anticipated response to the complaint will almost certainly be motions to dismiss, covering grounds besides the PLCAA. The plaintiffs will then file opposition papers, and the defendants likely entitled to a reply. The court will then need to consider the papers and schedule and hear oral arguments before issuing any decision. My gut tells me not to expect to hear anything substantive about the proceedings until Spring 2015. Appeals and possibly related federal court action may follow, which will add significant time to any resolution.

Gothmog

(145,489 posts)
368. If negligent entrustment cases are exempted from PLCAA then why would pleading mention this?
Tue Dec 23, 2014, 08:17 PM
Dec 2014

This is a state court pleading and in Texas at least you have far more loose pleading standards than in federal court. The PLCAA expressly exempts negligent entrustment cases and this case is based on this theory. It will be interesting to see if the case is somehow removed to federal court. Negligence cases tend to be hard cases to get summary judgments on in state court and so this case may get to a jury. Again, Section 5A(ii) of the PLCAA expressly exempts negligent entrustment cases and that may be a big enough exception to allow this case.

There are some amusing articles on the internet claiming filing this case in state court is somehow part of a conspiracy to hide the fact that the state autopsies of the Sandy Hook victims were faked. I think that it is clear why the plaintiffs want this case in state court and not federal court is that they hope to get a state court judge to rule on the PLCAA exemption.

 

branford

(4,462 posts)
371. I give no credence to loonies with conspiracy theories.
Tue Dec 23, 2014, 08:50 PM
Dec 2014

Moreover, I, too, would have filed in the state courts, and since I don't know if there was complete diversity, filing in federal court might not have even been an option. Much of the discussion about the court was before we actually say the complaint and legal theories, and I agree that federal pleading are usually more demanding than those in state courts, including in NYC, where I primarily practice.

It is difficult to prevail on motions for summary judgment in negligence case, no less motions to dismiss, due to issues of fact. In this instance, the primary basis for dismissal is legal immunity provided by the PLCAA, although other bases certainly exist. The actual facts of surrounding shooting are not really in dispute, and a competent court should be able to easily determine the immunity issue.

However, as I indicated elsewhere, state trial judges are often notorious for ignoring or misunderstanding the law, no less federal law, and I would not be at all surprised if the CT trial court contorted itself into a proverbial legal pretzel in order to assist such sympathetic plaintiffs and sent the matter to a jury. I do not believe the plaintiffs will be nearly as lucky with appellate courts, and since the preemptive immunity statute is a federal law, with any potential federal court review.





Gothmog

(145,489 posts)
373. The relevant exemption is Section 5A(ii)
Tue Dec 23, 2014, 09:04 PM
Dec 2014

I read this exemption to be very broad https://www.govtrack.us/congress/bills/109/s397/text

GENERAL- The term `qualified civil liability action' means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include--

(i) an action brought against a transferor convicted under section 924(h) of title 18, United States Code, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted;

(ii) an action brought against a seller for negligent entrustment or negligence per se;

The plaintiffs are relying on the concept of negligent entrustment which is or should be a fact issue for a jury to decide. This exemption has somewhat broad language and appears to exempt negligent entrustment cases from this law. While I agree with you that this pleading is not how I would plead this case, the case is based on a negligent entrustment case. A state court may well read the plain meaning of this exemption and let the case go forward to a jury.

I personally believe that this case could survive a summary judgment on the federal law unless there is some legislative history to this exemption that I have not seen. Normal rules of statutory intrepetation would tend to favor a broad reading of the plain meaning of this exemption.
 

branford

(4,462 posts)
375. Who did Bushmaster negligently entrust to?
Tue Dec 23, 2014, 09:26 PM
Dec 2014

Bushmaster, the distributor, the seller and the mother, were all lawful purchasers / transferees of the rifle. Lanza then killed his mother and stole the rifle.

The complaint expressly seeks to ban the AR15 rifle (and really all semiautomatic rifles and/or those with a military pedigree), the most popular rifle platform in the USA, and all "high capacity" magazines for all civilians. Plaintiffs' negligent entrustment allegations are a obvious plot to achieve vast gun control aims that are reserved for the legislature (and possibly prohibited by the 2A), and precisely the types of lawsuits which the PLCAA was intended to prevent.

As I said, I would not be shocked if the CT trial court did not grant the inevitable motions to dismiss. However, I don't think we'll ever get so far into the case necessitating motions for summary judgment when the key issue is a preemptive federal immunity. I believe that the CT appellate courts will likely declare that the facts alleged in the complaint do not fit within state negligent entrustment jurisprudence, and even if they did, the defendants would be immune to suit under the PLCAA. I cannot imagine likely less sympathetic federal courts finding that any of the defendants are not immune under the PLCAA if the CT courts do not dispose of the case on their own.

Ironically, if this case ever reached the Supreme Court, it might actually be a basis to establish that popular semiautomatic rifles, like popular handguns, are expressly and similarly protected by the 2A.

If you have not done so, I would recommend Professor Volokh's short article.

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/16/lawsuit-filed-against-gun-manufacturers-and-dealers-over-sandy-hook-murders/

Gothmog

(145,489 posts)
377. I read Prof. Volokh's article and he does not address the statutory issue
Tue Dec 23, 2014, 09:51 PM
Dec 2014

Like most professors, Volokh is making policy arguments and does not address the narrow statutory interpretation issue of the exemption. I follow a number of legal blogs including this one. I admit that I am not a big fan of Prof. Volokh and prefer a couple of the other legal blogs.

As to the negligent entrustment case, yes this is a back door way to ban this particular weapon in that according to the pleadings sales to civilian populations serve no purpose. Again, the theory of this case is somewhat imaginative and creative and is based entirely on the negligent entrustment exemption/loophole. I do not know Ct. procedural law. Is there a way to take an interlocutory appeal of the defensive issue up before the trial? You can not do this in Texas on most issues (venue being the major exception) absent a summary judgment ruling for the defendants. Without an interlocutory appeal mechanism for the federal pre-emption issue, this case may have to go to the jury and the appellant courts will only see this issue after a jury verdict.

I am not a plaintiff lawyer but I do appreciate new theories and this case has a novel way around the PLCAA.

 

branford

(4,462 posts)
378. I, too, do not practice in CT, and am uncertain as to whether interlocutory appeals are allowed.
Tue Dec 23, 2014, 10:38 PM
Dec 2014

However, I would imagine that if such appeals are not permitted as of right or by leave, that the defendants would seek intervention in the federal courts under the PLCAA. Even if a state trial judge was not inclined to grant dismissals, I doubt very much he or she would want the parties to go through the time and expense of a jury verdicts, and than have it reversed on appeal. The politics and optics would also prove very problematic.

The facts concerning the sale, transfer and, most importantly, theft of the guns and shooting itself are not materially in dispute. CT also has a assault weapons ban where the legislature expressly determined which rifles were permitted under the law, and there is no question that the mother's firearms were compliant. This is not some slip and fall or routine product liability case like a malfunctioning airbag or ignition switch, and the motives and intentions of the plaintiffs are clear and astoundingly broad. Particularly with such a comprehensive preemptive federal immunity statute at play (and possibly even the 2A), I do not believe this matter should or will ever see a jury, whether it's disposed of by motions to dismiss or summary judgment, although appeals are a near certainty. Lastly, even though the 2nd Cir., and I would not be surprised if the courts in CT, are not friendly to the 2A, I believe that neither would want the matter to ever go to the Supreme Court given it's majority rationale in Heller and McDonald. Such as loss would be disastrous for the gun control movement.

I still believe that the plaintiffs think they'll lose the suit, but will have a net gain for their cause. (My reasoning can be found in this post)

Whatever happens, it should be interesting and many people will definitely not be happy.

P.S.: It's a pleasure discussing the case with someone on DU who understands basic legal procedure and reasoning, even though we might not agree. Have a great holiday!

ileus

(15,396 posts)
358. Wonder if they realize the firearms weren't sold to the shooter?
Tue Dec 16, 2014, 03:23 PM
Dec 2014

Or that the firearms were stolen from the legal owner?

All well....the lawsuit lottery is hard to pass up.

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