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virginia mountainman

(5,046 posts)
Wed Jun 24, 2015, 04:21 PM Jun 2015

The Brady campaign sued Lucky Gunner, attempting to "put them out of business"..

The judge made this statement in his ruling:

"It is apparent that this case was filed to pursue the political purposes of the Brady Center and, given the failure to present any cognizable legal claim, bringing these defendants [Lucky Gunner] into the Colorado court... appears to be more of an opportunity to propagandize the public and stigmatize the defendants than to obtain a court order."


So they naturally lost, and not only did they lose, they lost big, and they are appealing the case to a higher court too loose some more.. Now the Lucky Gunner, is going to donate 100% percent of the "Brady" money back into gun rights advocacy groups, and they have a poll on their website allowing visitors to vote to whom should they donate the Brady Campaign's money too..

It amazes me how one side, can so turn it around, and use the other side's own money against them.

http://www.luckygunner.com/brady-v-lucky-gunner

Just reporting the facts, without emotional embellishments for all to see.
130 replies = new reply since forum marked as read
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The Brady campaign sued Lucky Gunner, attempting to "put them out of business".. (Original Post) virginia mountainman Jun 2015 OP
To put an exact number on it, 203k is what the Brady campaign owes Travis_0004 Jun 2015 #1
I wonder if "Magic Mike" Bloomberg is going to cut a check? blueridge3210 Jun 2015 #2
Putting facts into the equation...the legal costs order was against the two parents of a gun slain child. Fred Sanders Jul 2015 #13
You should pay when you bring about a frivolous lawsuit Travis_0004 Jul 2015 #14
^^^^^THIS^^^^^ NaturalHigh Jul 2015 #47
Pray tell Shamash Jul 2015 #20
Boring and pathetically obtuse standard fare....Welcome to Ignore, #45. I grow weary of this common NRA-lover's tripe. Fred Sanders Jul 2015 #21
Ah, the "Ignore List" blueridge3210 Jul 2015 #22
You mean "lost the argument 45 times". Shamash Jul 2015 #28
Heh. blueridge3210 Jul 2015 #29
45 is quite the Ignore List. I think the last person to have a list that long was -- Nuclear Unicorn Jul 2015 #31
I grieve for those parents who lost their child. NaturalHigh Jul 2015 #41
Only "frivolous" because the law has been gerrymandered to favor gun factories. The law is being Fred Sanders Jul 2015 #42
Will not be overturned Duckhunter935 Jul 2015 #43
"Wishful thinking" is about all the control fans seem to have left DonP Jul 2015 #44
truly amazing Duckhunter935 Jul 2015 #45
I don't think you've thoroughly researched the facts of this case. NaturalHigh Jul 2015 #46
There are 340 million guns in America. Research completed....Conclusion: there are too many guns. Fred Sanders Jul 2015 #48
You would make quite a lawyer. Try taking that argument into court. NaturalHigh Jul 2015 #49
In a court not presided over by a RW gun nut Judge with RW gun nut laws, of course it is the most irrefutable argument Fred Sanders Jul 2015 #53
So TeddyR Jul 2015 #56
So- Fred Sanders Jul 2015 #58
Nonresponsive. (nt) blueridge3210 Jul 2015 #60
There are 340 million guns in America. blueridge3210 Jul 2015 #50
Please be more understanding of Fred's problems Shamash Jul 2015 #51
*** NaturalHigh Jul 2015 #54
Guns are the definition of tort lawsuits. LOL If we lived in a sane society, that is. randys1 Jul 2015 #76
Um, no, you would be wrong. blueridge3210 Jul 2015 #80
"This FACT is WHY the gun mfgs need laws to protect them. " beevul Jul 2015 #90
LOL randys1 Jul 2015 #92
The person on the side of reason, common sense and saving lives blueridge3210 Jul 2015 #93
Sorry again. beevul Jul 2015 #97
Quick questions for randys1 Shamash Jul 2015 #94
Wait, you get to call me a nut but I cant call you one LOL randys1 Jul 2015 #95
Non-responsive. (nt) blueridge3210 Jul 2015 #96
So you DO Get to call me a nut, guess what would happen if I called you a gun nut randys1 Jul 2015 #98
What would happen if someone on DU called me a gun nut? Around here, I'd call it Tuesday. Shamash Jul 2015 #99
My position is simple, really. Apart from the simple fact that the 2nd only allows for guns randys1 Jul 2015 #101
You must have missed a couple of USSC decisions blueridge3210 Jul 2015 #104
I can read...I know what the 2nd says randys1 Jul 2015 #105
"Your future is one where everybody and their uncle, aunt and child has a gun " blueridge3210 Jul 2015 #106
That's nice Shamash Jul 2015 #107
You are very angry, so my interaction with you will end after this post. randys1 Jul 2015 #108
*Sigh* blueridge3210 Jul 2015 #109
Media Matters? Where Brock had his minions violate DC gun control laws so he could be protected? Nuclear Unicorn Jul 2015 #114
Media Matters attacked at DU....LOL wow...amazing randys1 Jul 2015 #115
Truth is not an attack. Brock violated DC gun control laws to acquire and possess a gun. Nuclear Unicorn Jul 2015 #116
You are completely clueless Shamash Jul 2015 #117
Where did I call you a nut? blueridge3210 Jul 2015 #102
it was shamash randys1 Jul 2015 #103
Still waiting for an answer to the questions. Or is deflection and poutrage all you have today? Shamash Jul 2015 #100
Hey, PLCAA detractors... beevul Jun 2015 #3
just reporting 'his' facts jimmy the one Jun 2015 #4
I would expect the appellate judge blueridge3210 Jun 2015 #5
The law, as written by the NRA and gun death supporters, is a special Colorado carve out for only gun manufacturers...corruption pays. Fred Sanders Jul 2015 #9
So you are claiming that if I am hit by a stolen car, driven by a person running from the police oneshooter Jul 2015 #10
Yes, that is exactly what I mean, of course it is. Silly analogy. How about that special NRA gun manufacturer protection law? Fred Sanders Jul 2015 #11
You mean the law to prevent firearms manufacturers from being sued for the illegal use oneshooter Jul 2015 #15
Cars manufactured to kill people? Which company is doing that, I wanna see that LOL randys1 Jul 2015 #78
Having a gun designed to kill could be useful if confronted by a Nuclear Unicorn Jul 2015 #89
For a device that was not developed to "kill people" oneshooter Jul 2015 #110
Are you aware sarisataka Jul 2015 #12
When you attempt to ... MicaelS Jul 2015 #16
Um, no. You would be wrong. blueridge3210 Jul 2015 #17
Poor, poor babies, the gun manufacturers, being "harrassed", poor helpless babies needing special protection. Fred Sanders Jul 2015 #18
And suing businesses from manufacturers... discntnt_irny_srcsm Jul 2015 #19
The gun manufacturers were being targeted by lawsuits blueridge3210 Jul 2015 #23
Welcome to Full Ignore #46.....gun lovers love gun manufacturers who need special legal protection from Fred Sanders Jul 2015 #24
The law was passed in response to blueridge3210 Jul 2015 #25
Watch it Mister! beevul Jul 2015 #32
Oh, noes! blueridge3210 Jul 2015 #33
I am on a couple of those lists Duckhunter935 Jul 2015 #34
Yup. Clearly, it keeps you up at night........ blueridge3210 Jul 2015 #35
Started out HAWK Duckhunter935 Jul 2015 #36
My middle son is a Army medic. oneshooter Jul 2015 #38
Cool Duckhunter935 Jul 2015 #39
After he talked to me he called it"Sick, Lame and lazy call" oneshooter Jul 2015 #40
yeah, it is exciting when people get blown up and wounded... Human101948 Jul 2015 #84
Yes it can get that way, have you ever been in the weeds? oneshooter Jul 2015 #111
Have not slept in months, lol Duckhunter935 Jul 2015 #37
"WMDs" Lizzie Poppet Jul 2015 #30
Not sure they were being "harrassed" TeddyR Jul 2015 #27
No shit. And yet what you are saying seems incomprehensible to some. randys1 Jul 2015 #79
The law in Colorado TeddyR Jul 2015 #26
You know Jimmy.. virginia mountainman Jun 2015 #6
This message was self-deleted by its author friendly_iconoclast Jun 2015 #7
"You really should help the Brady campaign lawyers." Perhaps he is already doing so friendly_iconoclast Jun 2015 #8
The fact that the judiciary in gerrymandered Red states has become infested with RW extremists, Fred Sanders Jul 2015 #52
Um, no. blueridge3210 Jul 2015 #55
UPDATE... They give up..... Time to write the check $$$$$$ ! virginia mountainman Jul 2015 #130
Common sense deathrind Jul 2015 #57
The First Amendment says nothing about printer's ink. blueridge3210 Jul 2015 #59
Ink =/= Ammo.... deathrind Jul 2015 #69
Ink = Ammo blueridge3210 Jul 2015 #72
You do realize.. virginia mountainman Jul 2015 #61
See my reply above. N/T deathrind Jul 2015 #68
I could send a first year law student to defend the right of ammo in front of the supreme court Travis_0004 Jul 2015 #63
Nice jump to conclusion. deathrind Jul 2015 #67
Aren't you the one who just said Shamash Jul 2015 #70
Free ammo Duckhunter935 Jul 2015 #71
I'm sorta late to this thread and I really have not much to add except tularetom Jul 2015 #62
Stay tuned, the outcome is yet to come. Fred Sanders Jul 2015 #64
Sorry Duckhunter935 Jul 2015 #65
"It amazes me how one side, can so turn it around, and use the other side's own money against them." pablo_marmol Jul 2015 #66
Why do some folks cheer on arms merchants when... stone space Jul 2015 #73
It's not hte for the victims but you know that. Any delight in loss is reserved strictly for the Nuclear Unicorn Jul 2015 #74
This is about hatred for gun victims, plain and simple. stone space Jul 2015 #75
Um, no, it's not about "hatred". blueridge3210 Jul 2015 #77
I don't hate anybody in the world... tularetom Jul 2015 #81
You can't blame anybody but the arms industry for their... stone space Jul 2015 #82
Are you reading things in reverse? beevul Jul 2015 #85
Who's to blame for DUIs, sexual assault and domestic violence? Alcohol distillers or the criminals? Nuclear Unicorn Jul 2015 #87
But, but, but............... blueridge3210 Jul 2015 #88
Nobody "attacked" the family of a victim tularetom Jul 2015 #91
He's back on time out. blueridge3210 Jul 2015 #112
You know, I sort of knew I was wasting my time when I responded to that first post tularetom Jul 2015 #113
I guess if you plan to time out yourself... discntnt_irny_srcsm Jul 2015 #118
Wow, he didn't even last one day back? DonP Jul 2015 #119
Nope. blueridge3210 Jul 2015 #120
LMAO, looks like the religion and spirituality group is tired of him too Lurks Often Jul 2015 #121
Nope, GGJohn Jul 2015 #122
Wow 6, very impressive Duckhunter935 Jul 2015 #123
Thanks. GGJohn Jul 2015 #124
I am sure Duckhunter935 Jul 2015 #126
Wow, 2 hides within 10 minutes Duckhunter935 Jul 2015 #125
Seeing as you have demonstrated the lack of a functional definition for murder you Nuclear Unicorn Jul 2015 #86
Not surprised that you **hatefully** twist my disdain for The Brady Bunch pablo_marmol Jul 2015 #83
not just gun hate Duckhunter935 Jul 2015 #127
You are correct. pablo_marmol Jul 2015 #128
Yes Duckhunter935 Jul 2015 #129

Fred Sanders

(23,946 posts)
13. Putting facts into the equation...the legal costs order was against the two parents of a gun slain child.
Thu Jul 2, 2015, 05:04 PM
Jul 2015

And only because Coloarado passed a NRA inspired gun manufacturer civil suit protection law.

But, hey, do not let facts get in the way of the truth, that is how NRA-lovers ride....with a truckload of misinformation.

 

Travis_0004

(5,417 posts)
14. You should pay when you bring about a frivolous lawsuit
Thu Jul 2, 2015, 05:14 PM
Jul 2015

Ammo is legal to buy and sell in this country. Lucky gunner is no more liable than a gas station that sells a 24 pack of beer and that guy ends up killing somebody in a DUI.

Maybe their legal team should have done a bit more research on the laws before they started throwing lawsuits around.

NaturalHigh

(12,778 posts)
47. ^^^^^THIS^^^^^
Sun Jul 5, 2015, 06:48 PM
Jul 2015
Lucky gunner is no more liable than a gas station that sells a 24 pack of beer and that guy ends up killing somebody in a DUI.
 

Shamash

(597 posts)
20. Pray tell
Thu Jul 2, 2015, 07:38 PM
Jul 2015

How is Colorado's law protecting gun manufacturers different from their law protecting every other seller of an item that is misused? To refresh your memory, that non-NRA-inspired section of law would be:

"No product liability action shall be commenced or maintained against any seller of a product unless said seller is also the manufacturer of said product or the manufacturer of the part thereof giving rise to the product liability action."

To put it in better perspective as to how out of line the "NRA-inspired" law is compared to other Colorado liability laws:
"Except as provided in subsection (4) of this section...a llama activity sponsor, a llama professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of of llama activities and, except as provided in subsection (4) of this section, no participant nor participant's representative shall make any claim against, maintain an action against, or recover from a llama activity sponsor, a llama professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of llama activities."

As best I can tell, this statute also covers scary black llamas and even "assault llamas". No matter how many people run around yelling "Cuidado! Llamas!"

Fred Sanders

(23,946 posts)
21. Boring and pathetically obtuse standard fare....Welcome to Ignore, #45. I grow weary of this common NRA-lover's tripe.
Thu Jul 2, 2015, 07:47 PM
Jul 2015

NaturalHigh

(12,778 posts)
41. I grieve for those parents who lost their child.
Sun Jul 5, 2015, 03:59 AM
Jul 2015

Unfortunately, their grief led them to take some really bad legal advice and file a frivolous lawsuit.

Fred Sanders

(23,946 posts)
42. Only "frivolous" because the law has been gerrymandered to favor gun factories. The law is being
Sun Jul 5, 2015, 09:46 AM
Jul 2015

challenged in the lawsuit, it will need the appellate court to be overturned so the lawsuit can proceed.

What are the merchants of death so afraid of that they can not defend themselves without intimidating folks in court as well?

 

Duckhunter935

(16,974 posts)
43. Will not be overturned
Sun Jul 5, 2015, 10:15 AM
Jul 2015

See SLAPP suit. Abortion providers needed the same protection from right wing abuse of our legal system.

 

DonP

(6,185 posts)
44. "Wishful thinking" is about all the control fans seem to have left
Sun Jul 5, 2015, 10:26 AM
Jul 2015

Not much of a strategy, hoping that somehow, with no legal precedent, that it will be "magically" overturned just because, well its about "GUNZ" and everybody hates GUNZ, right?

NaturalHigh

(12,778 posts)
46. I don't think you've thoroughly researched the facts of this case.
Sun Jul 5, 2015, 06:46 PM
Jul 2015

The plaintiffs never stood a chance. I'm not even sure how you can apply the term "gerrymandered" to the case.

Fred Sanders

(23,946 posts)
48. There are 340 million guns in America. Research completed....Conclusion: there are too many guns.
Sun Jul 5, 2015, 07:55 PM
Jul 2015

Solution: create laws so there are not so many guns.

Report concluded.

Duh.

Fred Sanders

(23,946 posts)
53. In a court not presided over by a RW gun nut Judge with RW gun nut laws, of course it is the most irrefutable argument
Sun Jul 5, 2015, 08:15 PM
Jul 2015

of all, added to 32000 gun-related deaths per annum.....year after year.

 

blueridge3210

(1,401 posts)
50. There are 340 million guns in America.
Sun Jul 5, 2015, 08:07 PM
Jul 2015

There are 330 million residents in America. Conclusion: That is a lot of guns and a lot of people. You have much more research to do.

Solution: create laws making murder illegal; report concluded.

Duh.

 

Shamash

(597 posts)
51. Please be more understanding of Fred's problems
Sun Jul 5, 2015, 08:10 PM
Jul 2015

Fred and Reality had a messy breakup a while back and have not been on speaking terms since. We had hopes that Reality would come back to him, but she doesn't like to hang out with the crowd he associates with. He's tried to find someone to fill the hole now that Reality is gone from his life, but has not had much luck. We've tried to tell Fred that shacking up with the Asshat twins (Ignorance and Certitude) may feel good, but is not going to end well. For one thing, they're also sleeping with all his friends and lord knows what he is going to catch from them. But, he won't listen and it seems he is just going to have to find out the hard way.

randys1

(16,286 posts)
76. Guns are the definition of tort lawsuits. LOL If we lived in a sane society, that is.
Tue Jul 7, 2015, 11:36 AM
Jul 2015

The very existence of a gun is an act of negligence if someone is harmed or killed as a result of the existence of that gun.

This FACT is WHY the gun mfgs need laws to protect them.

I mean you can sue successfully, as you should be able to, a ladder mfg for not putting a warning on the thing.

A good attorney would sue ALL gun mfgs out of existence if there werent SPECIAL laws protecting them.

And we would all be so much better off if they did.

 

blueridge3210

(1,401 posts)
80. Um, no, you would be wrong.
Tue Jul 7, 2015, 11:40 AM
Jul 2015

You would not be able to sue the manufacturer of a ladder if a burglar used it to break into your house. That's what this lawsuit was about. The criminal actions of a 3rd party using a legal party in the commission of a crime. Following your logic, any manufacturer of any legal product would be subject to a lawsuit if any 3rd party used their product to commit a crime. Ford, Craftsman, Exxon, whatever.

 

beevul

(12,194 posts)
90. "This FACT is WHY the gun mfgs need laws to protect them. "
Tue Jul 7, 2015, 01:25 PM
Jul 2015
"This FACT is WHY the gun mfgs need laws to protect them. "


No Randy.

The fact that someone who holds views on guns as twisted, hateful, and disconnected from reality as those that you have expressed, could end up on a jury and spitefully vote that a manufacturer is responsible for the criminal misuse of a legally manufactured legally sold product, is WHY the gun mfgs need laws to protect them.


In short, YOUR extremist views on this issue are the problem.


randys1

(16,286 posts)
92. LOL
Tue Jul 7, 2015, 01:49 PM
Jul 2015


Talk about alternate reality

The person on the side of reason, common sense, saving lives is the extremist
 

blueridge3210

(1,401 posts)
93. The person on the side of reason, common sense and saving lives
Tue Jul 7, 2015, 02:11 PM
Jul 2015

would not be arguing for holding the manufacturer of a legal product responsible for the criminal misuse of that product by third parties.

That person would be advocating holding the person(s) directly responsible for the criminal actions to account. YMMV.

 

beevul

(12,194 posts)
97. Sorry again.
Tue Jul 7, 2015, 03:52 PM
Jul 2015

You can claim to be on whatever side you want, buddy.

What you can't claim, is that the 3/4 of Americans who support the second amendment protecting an individual right are somehow a loud minority.

The loud minority viewpoint here, make no mistake about it, is yours.

You are an anti-gun extremist, even here on DU.

 

Shamash

(597 posts)
94. Quick questions for randys1
Tue Jul 7, 2015, 02:16 PM
Jul 2015

Randys1,
Since the NRA was not founded until 1871 and we had all sorts of nifty repeating firearms by then, it would be impossible to blame a non-existent gun lobby during that period. So:

1) where were the "good attorneys" hiding from 1789 until 1871?
2) what were the SPECIAL laws protecting gun manufacturers back then?
3) without the NRA and with Republicans being the party of Abraham Lincoln, who would you blame for those SPECIAL laws?

I mean you can sue successfully, as you should be able to, a ladder mfg for not putting a warning on the thing.

In light of this...

Allergy warning: The comments of randys1 on the topic of gun control come from keyboards that have been in contact with nuts.

randys1

(16,286 posts)
101. My position is simple, really. Apart from the simple fact that the 2nd only allows for guns
Tue Jul 7, 2015, 04:46 PM
Jul 2015

within a well regulated militia (obviously we arent going to waste time arguing about that)

A future of an evolved human race either is a future with MORE guns or less or no guns.

I say less or no guns.

A future of evolved humans involves less or no religion , for instance.

Less or no guns, are a given.

Or there is either no future or one not worth living for.

 

blueridge3210

(1,401 posts)
104. You must have missed a couple of USSC decisions
Tue Jul 7, 2015, 04:54 PM
Jul 2015

that clarified that the RKBA was not tied to militia service, but was in fact an individual right. See Heller v. District of Columbia and McDonald v. Chicago.

randys1

(16,286 posts)
105. I can read...I know what the 2nd says
Tue Jul 7, 2015, 04:56 PM
Jul 2015

Look, this is simple, I will say it again

Your future is one where everybody and their uncle, aunt and child has a gun

My future nobody has one

 

blueridge3210

(1,401 posts)
106. "Your future is one where everybody and their uncle, aunt and child has a gun "
Tue Jul 7, 2015, 05:02 PM
Jul 2015

Statements like that just make your position look silly. I know of no one on the pro-RKBA side that endorses everyone owning a firearm. Does your future include the police and military being disarmed?

If you know what the 2nd Amendment says then you know that it grants the RKBA to "the people" and not to "the militia" or "the state". That would mean it is an individual right, not a collective right, just as the 1st and 4th Amendments.

 

Shamash

(597 posts)
107. That's nice
Tue Jul 7, 2015, 05:39 PM
Jul 2015
obviously we arent going to waste time arguing about that

Correct, because you live on Bizarro Earth, and I live on the one where our Constitutional law professor President and his party say that the 2nd is an individual right. On this Earth, that argument is over and has been over for quite a while.

In other matters, tell me:

Did banning alcohol stop alcohol use?
Did banning drugs stop drug use?
Did banning racism end hate crimes?


No? Then exactly how is a gun ban going to do better? People will stop using guns on each other when the people change the way they think and the way they view each other. Your ideas would be exactly as successful for guns as a ban on religion would be for getting rid of that.

My position is simple, really

No, it is simplistic. There is a difference. You have lots of assertions and no arguments. Stating "X is a fact" does not not make it a fact, no matter how much you want it to be one. Much like your statement about a "good attorney" putting all the gun makers out of business. Saying it and not being able to back it up makes you look bad, unless you think your non-stop dodging of the questions paints you in a positive light.

So, are you going to retract that statement, back it up with an argument, or continue to embarrass yourself by avoiding it?

randys1

(16,286 posts)
108. You are very angry, so my interaction with you will end after this post.
Tue Jul 7, 2015, 05:46 PM
Jul 2015

If suing gun mfgs successfully would NOT be so easy by a good attorney, why do they need special laws preventing attorneys from suing them?

Why in the HELL do you think they need SPECIAL laws that apply ONLY to gun mfgs?

Just for the fun of it?

You should have thought this through before coming at me so hard.

http://mediamatters.org/blog/2012/12/19/why-isnt-the-media-discussing-the-unprecedented/191910






As major media outlets report on gun violence prevention strategies in the wake of the Newtown tragedy, they have ignored a controversial law that shields the firearms industry from being held accountable.

Bush signing PLCAA, photo by Paul MorseIn 2005, former President George W. Bush signed into law the Protection of Lawful Commerce in Arms Act - the "No. 1 legislative priority of the National Rifle Association" - which immunized gun makers and dealers from civil lawsuits for the crimes committed with the products they sell, a significant barrier to a comprehensive gun violence prevention strategy. Despite recent reporting on proposed efforts to prevent another tragedy like the one in Newtown, a Media Matters search of Nexis revealed major newspapers and evening television news have not explained this significant legal immunity.

Faced with an increasing number of successful lawsuits over reckless business practices that funneled guns into the hands of criminals, the 2005 immunity law was a victory for the NRA, which "lobbied lawmakers intensely" to shield gun makers and dealers from personal injury law. As described by Erwin Chemerinsky, a leading constitutional scholar and the Dean of the University of California-Irvine School of Law, by eliminating this route for victims to hold the gun industry accountable in court, the Protection of Lawful Commerce in Arms Act was a complete deviation from basic "principles of products liability":
 

blueridge3210

(1,401 posts)
109. *Sigh*
Tue Jul 7, 2015, 05:57 PM
Jul 2015

The PLCAA codified into statute a long-standing legal principle that manufacturers of legal products are not responsible for the criminal actions of 3rd parties who use their legal products to commit crimes. You cannot successfully sue Craftsman if someone uses their ladder to burglarize your house. You cannot sue Ford if the impaired driver that totals your vehicle is driving a Taurus. You cannot sue Sports Authority if someone uses a baseball bat to break your arm.

Firearms manufacturers were faced with nuisance lawsuits filed solely to impose huge costs to defend themselves. These lawsuits were for damages caused by the criminal actions by 3rd parties using their legal products. Firearms manufacturers are still subject to the same product liability standards as others; if their firearm malfunctions and causes injury to the end user they can still be sued. (See Remington).

The aircraft industry was also faced with nuisance lawsuits on behalf of people injured or killed in plane crashes where defect could not be determined but were equally likely to have been the result of poor maintenance. They were given limited indemnity after a period of years after the manufacture of the aircraft.

Nuclear Unicorn

(19,497 posts)
116. Truth is not an attack. Brock violated DC gun control laws to acquire and possess a gun.
Tue Jul 7, 2015, 06:53 PM
Jul 2015

To call this hypocrisy would be to understate the matter.

 

Shamash

(597 posts)
117. You are completely clueless
Tue Jul 7, 2015, 07:36 PM
Jul 2015

If you want to understand why we have that law, you should look at the actual cases and comments by the judges on these cases as they were dismissed or otherwise thrown out of court. Quoting a third-hand opinion from a group you already agree with is not likely to teach you anything new. But at least you're good at it.

I'm not hostile, I'm just ashamed of you. People like you generate comments like "that's a liberal?" in the same way someone points at Westboro Baptist and says "that's a Christian?". I have to apologize on behalf of liberals and say "we're not all like that".

And you still did not answer the question of why a "good attorney" didn't already put the gun makers out of business a century before you were born. Just think of all the lives we would have saved if someone had thought to sue axe makers out of business after that nasty Lizzie Borden business. Or at least mandated some appropriate labels for them.

Warning: Do not use this axe for murder sprees. Warranty void if used on human flesh. Choking hazard, do not eat. Hold by handle, not the blade.

I guess "my interaction with you will end after this post" sounds nicer than "running away with your tail between your legs". You'll be back, if not here, then elsewhere. Anytime you want, I'll be more than happy to hold up a cheese grater and let you repeatedly pound your face against it before you claim victory and stagger away.
 

blueridge3210

(1,401 posts)
102. Where did I call you a nut?
Tue Jul 7, 2015, 04:52 PM
Jul 2015

Oh, that's right, I never did. More lies from the pro-control side. Business as usual.

randys1

(16,286 posts)
103. it was shamash
Tue Jul 7, 2015, 04:54 PM
Jul 2015
Allergy warning: The comments of randys1 on the topic of gun control come from keyboards that have been in contact with nuts.


i get lost sometimes dealing with gun folks and so i may have confused you for that person
 

beevul

(12,194 posts)
3. Hey, PLCAA detractors...
Wed Jun 24, 2015, 07:24 PM
Jun 2015

Hey, PLCAA detractors: This is why the plcaa, the 'most reprehensible' piece of legislation blah blah blah' was necessary.


Defend it in the face of this, if you can.

jimmy the one

(2,708 posts)
4. just reporting 'his' facts
Thu Jun 25, 2015, 02:49 PM
Jun 2015

va mtn man: Just reporting the facts, without emotional embellishments for all to see.

You're reporting just the facts YOU want to be known, in other words pro gun propagunda.
The judge who ruled on this case is pro gun, ruled pro gun in another case, a republican, Nixon appointee, evidently grew rightwing as the years gone by:

Federal judge allows citizens to challenge post office gun ban.. It seems the Postal Service has precedent on its side, though Judge Richard Matsch wants to hear arguments. A couple in Colorado is challenging post offices' status as "sensitive places," stating that the gun ban on Postal Service property makes it impossible for them to retrieve their mail. The couple lives far from town and does not receive home delivery. Both are concealed-carry permit holders.
The Postal Service attempted to have the suit dismissed, as the Supreme Court has ruled that restricting the right to have firearms is not violated in "sensitive places." Judge Matsch's refusal for dismissal means that both sides of the case will prepare arguments to be heard at a later date.
http://www.thedenverchannel.com/news/movie-theater-shooting/parents-of-jessica-ghawi-involved-in-brady-center-lawsuit-against-online-ammunition-seller

Ghawi's parents, appeared with attorneys and representatives of the Brady Center to Prevent Gun Violence to announce the lawsuit against Lucky Gunner and other businesses. Doing business as BulkAmmo. com, that business {lucky gunner} sold the shooting defendant 4,325 rounds for various weapons less than a month before the shooting, according to an ATF special agent's testimony http://www.thedenverchannel.com/news/movie-theater-shooting/parents-of-jessica-ghawi-involved-in-brady-center-lawsuit-against-online-ammunition-seller
Ghawi's parents are not seeking monetary damages, but do want to spare other families from similar tragedies by getting a court to order the companies to follow "reasonable business practices." .. lawsuit accuses the four online suppliers of ammunition and military-grade equipment of failing to screen the gunman and making it too easy for him to buy ammunition, tear gas and body armor.


mtn man: ..and they are appealing the case to a higher court too loose some more

Hopefully the appeal won't be heard by a rightwing pro gun judge. Do you really think an appellate court will stick it to the plaintiffs as the rightwing kangaroo court-judge did?


 

blueridge3210

(1,401 posts)
5. I would expect the appellate judge
Thu Jun 25, 2015, 02:58 PM
Jun 2015

to uphold the law as written and enforce the attorney's fees as required by law. Political affiliation should have no bearing on the application of the law as written.

Fred Sanders

(23,946 posts)
9. The law, as written by the NRA and gun death supporters, is a special Colorado carve out for only gun manufacturers...corruption pays.
Thu Jul 2, 2015, 03:43 PM
Jul 2015

Why are facts like Kryptonite to NRA defenders. By the way the legal costs were assessed against the two grieving parents of the Aurora massacre, not the Brady campaign, and is under appeal.

oneshooter

(8,614 posts)
10. So you are claiming that if I am hit by a stolen car, driven by a person running from the police
Thu Jul 2, 2015, 04:59 PM
Jul 2015

then I, if i survive, or my heirs can sue the cars manufacturer for the damages?


I really don't know why i am asking this as the poster doesn't want to answer "difficult" questions.

Fred Sanders

(23,946 posts)
11. Yes, that is exactly what I mean, of course it is. Silly analogy. How about that special NRA gun manufacturer protection law?
Thu Jul 2, 2015, 05:00 PM
Jul 2015

By "difficult" question I assume you mean incomprehensible?

oneshooter

(8,614 posts)
15. You mean the law to prevent firearms manufacturers from being sued for the illegal use
Thu Jul 2, 2015, 06:03 PM
Jul 2015

of their products? That law? I would agree to removing it if you could get all manufacturing company's to accept the same liability.

Think you can do that?

randys1

(16,286 posts)
78. Cars manufactured to kill people? Which company is doing that, I wanna see that LOL
Tue Jul 7, 2015, 11:39 AM
Jul 2015

You see questions like this are why you need to hire an attorney if you want to know what is what.

I wont explain further than that, time is money.

Nuclear Unicorn

(19,497 posts)
89. Having a gun designed to kill could be useful if confronted by a
Tue Jul 7, 2015, 01:19 PM
Jul 2015

home invader/stalker/rapist/etc.

Self defense is a basic human right.

MicaelS

(8,747 posts)
16. When you attempt to ...
Thu Jul 2, 2015, 06:33 PM
Jul 2015

Engage in social engineering through the courts, and it bites you in the ass, it is on one's fault but yours.

 

blueridge3210

(1,401 posts)
17. Um, no. You would be wrong.
Thu Jul 2, 2015, 06:35 PM
Jul 2015

The PLCAA simply codifies into statutory law the exact same protection EVER OTHER manufacturer of a lawful product enjoys regarding criminal use of their products by third parties. No other manufacturer was subject to nuisance lawsuits designed to force them out of business. Not Ford, not Craftsman, not Budweiser. It's the gun-control proponents that are allergic to facts.

Fred Sanders

(23,946 posts)
18. Poor, poor babies, the gun manufacturers, being "harrassed", poor helpless babies needing special protection.
Thu Jul 2, 2015, 07:06 PM
Jul 2015

Crying tears for weapons factories? Your tears, I guess.

My tears are for the children and fellow citizens killed by their only for killing products.

 

blueridge3210

(1,401 posts)
23. The gun manufacturers were being targeted by lawsuits
Thu Jul 2, 2015, 07:52 PM
Jul 2015

aimed at holding them to a level of liability that no other manufacturer was subjected to. The sole purpose of the lawsuits was to force the manufacturers to spend time and money fighting back and to drive them out of business. I'm not crying; the law and court precedent are on my side. I see a lot of tears coming from the pro-control side over there ongoing impotence and irrelevancy.

Fred Sanders

(23,946 posts)
24. Welcome to Full Ignore #46.....gun lovers love gun manufacturers who need special legal protection from
Thu Jul 2, 2015, 07:56 PM
Jul 2015

liabity for selling WMD's to civilians by the hundreds of millions. We all get it.

Tears for guns, vitriol for gun victims. Will never get that.

 

blueridge3210

(1,401 posts)
25. The law was passed in response to
Thu Jul 2, 2015, 08:05 PM
Jul 2015

"a special legal assault" by people attempting to hold the manufacturers to a liability imposed on no other manufacturer of a legal product. I'll take your "Full Ignore" as an admission that your argument lacks any merit or logic to support it so you have to run and hide.

 

blueridge3210

(1,401 posts)
35. Yup. Clearly, it keeps you up at night........
Sat Jul 4, 2015, 02:28 PM
Jul 2015


I'm curious; your unit was Air Defense. Did you focus on fixed wing, or all air assets?
 

Duckhunter935

(16,974 posts)
36. Started out HAWK
Sat Jul 4, 2015, 03:28 PM
Jul 2015

Both fixed and rotary. Moved to Patriot, fixed, cruise and missiles. Now THAAD missile defense. Still supervise patriot instructors.

oneshooter

(8,614 posts)
38. My middle son is a Army medic.
Sat Jul 4, 2015, 05:21 PM
Jul 2015

Did a year tour in Kuwait in a Patriot Battery. Told me he was bored to tears, all he got was ouchies and boo-boo's. Said that most of "injuries" were from practice reloads.

Called most of them "kids playing and falling".

Did a year on Afgan with the 10th Mountain before that.
Said it did get "exciting" at times.

 

Duckhunter935

(16,974 posts)
39. Cool
Sat Jul 4, 2015, 05:29 PM
Jul 2015

Yep reloads can be dangerous. THAAD is much better in that respect. Hope he stays safe. Love the medics👍👍

oneshooter

(8,614 posts)
40. After he talked to me he called it"Sick, Lame and lazy call"
Sat Jul 4, 2015, 06:00 PM
Jul 2015

I think a little of this old Marine rubbed off on him.

 

Human101948

(3,457 posts)
84. yeah, it is exciting when people get blown up and wounded...
Tue Jul 7, 2015, 12:54 PM
Jul 2015

too bad your son isn't bored more often.

 

TeddyR

(2,493 posts)
27. Not sure they were being "harrassed"
Thu Jul 2, 2015, 08:16 PM
Jul 2015

They were sued by folks bringing a frivolous claim, prevailed, and were rightly awarded attorney's fees. Federal district court is not the place to make a political statement.

 

TeddyR

(2,493 posts)
26. The law in Colorado
Thu Jul 2, 2015, 08:13 PM
Jul 2015

Is similar or identical to the law across the country. The parents will lose on appeal as well. You don't get to sue a business for selling a legal product in a legal manner. You do understand that the official platform of the Democratic party (President Obama, candidate Clinton and Sanders, former President Clinton, etc.) is that the 2d Amendment protects an individual's right to keep and bear arms, right? In other words, both Democrats and Republicans agree that Heller correctly interpreted the 2d Amendment.

virginia mountainman

(5,046 posts)
6. You know Jimmy..
Thu Jun 25, 2015, 03:12 PM
Jun 2015

You really should help the Brady campaign lawyers. Since you clearly know so much about the subject at hand.. They clearly don't know as much as you.

Response to virginia mountainman (Reply #6)

 

friendly_iconoclast

(15,333 posts)
8. "You really should help the Brady campaign lawyers." Perhaps he is already doing so
Thu Jun 25, 2015, 06:44 PM
Jun 2015

Which could explain many things...

Fred Sanders

(23,946 posts)
52. The fact that the judiciary in gerrymandered Red states has become infested with RW extremists,
Sun Jul 5, 2015, 08:10 PM
Jul 2015

particularly at trial court levels, not so much Supreme Court and less Federal Court at all levels, is another fact that will be denied by gun-lovers.

There wil be no debate, there will be the usual pleas to be accepted at DU as any other member.

 

blueridge3210

(1,401 posts)
55. Um, no.
Sun Jul 5, 2015, 08:26 PM
Jul 2015

The judge applied the law as written. The law was written to codify into statute a long-standing legal principle that manufacturers of legal products are not responsible for the criminal misuse of those products by 3rd parties. Passage of the law was necessitated by ill-advised lawsuits against gun manufacturers attempting to hold them to a legal standard that did not apply to any other manufacturer of a legal product.

The lawsuit against Bushmaster was removed from Federal courts to CT courts in an attempt to circumvent the PLCAA; this case will be remanded back to the Federal Courts. They will apply the provisions of the PLCAA, dismiss the lawsuit, and order the plaintiffs to pay Bushmaster's legal bills.

deathrind

(1,786 posts)
57. Common sense
Sun Jul 5, 2015, 08:32 PM
Jul 2015

Firearms control is never going to happen. If none of the massacres in just the last five years (esp Sandyhook) can't bring it about nothing will.

The 2nd amendment says nothing about ammo that is where the focus should be.

 

blueridge3210

(1,401 posts)
59. The First Amendment says nothing about printer's ink.
Sun Jul 5, 2015, 08:39 PM
Jul 2015

Yet court cases have established clear precedent regarding attempts to engage a back-door prohibition by excessive regulations and/or taxes that result in inhibiting exercise of a constitutional right. The same would apply to any attempt to prohibit or excessively tax ammunition.

 

blueridge3210

(1,401 posts)
72. Ink = Ammo
Mon Jul 6, 2015, 12:46 PM
Jul 2015

Both are necessary to exercise the right. One cannot print a newspaper without printer's ink; one cannot fire a gun without ammunition. Both are equally protected as being necessary to exercise the right. Both cannot be capriciously infringed upon. The case law on this, like the case law supporting the PLCAA is quite clear.

virginia mountainman

(5,046 posts)
61. You do realize..
Sun Jul 5, 2015, 08:55 PM
Jul 2015

Besides the very correct thing "blue ridge" is telling you about. That many people reload ammunition as a hobby..I do...

Go ahead, create a nice and extremely profitable black market for us.....Heck, do you want to know how to make it? I can teach you in 20 minutes, how to make workable ammunition from things you find in a typical country store...

Heck I may even post how to do it HERE for all to see....

So, keep the focus on things you know nothing about.....

 

Travis_0004

(5,417 posts)
63. I could send a first year law student to defend the right of ammo in front of the supreme court
Sun Jul 5, 2015, 09:38 PM
Jul 2015

Frankly, it would be such an easy case that a first year law student might be overqualified.

I could also quote McDonald vs Chicago.

"it logically follows that the right to keep and bear arms extends to the possession of handgun ammunition in the home; for if such possession could be banned (and not simply regulated), that would make it “impossible for citizens to use [their handguns] for the core lawful purpose of self-defense.”

deathrind

(1,786 posts)
67. Nice jump to conclusion.
Mon Jul 6, 2015, 11:45 AM
Jul 2015

My post said nothing about restricting ammo in any form. Please go ahead and send your student...

 

Shamash

(597 posts)
70. Aren't you the one who just said
Mon Jul 6, 2015, 12:02 PM
Jul 2015
The 2nd amendment says nothing about ammo that is where the focus should be.

So, if your post is not about "restricting ammo in any form", what exactly is your focus on ammo about?

tularetom

(23,664 posts)
62. I'm sorta late to this thread and I really have not much to add except
Sun Jul 5, 2015, 09:20 PM
Jul 2015

I feel bad for all the families who lost loved ones in this incident, but the Brady people took advantage of their grief and finagled them into filing a frivolous unwinnable lawsuit based on a ridiculous premise.

I hope these parents were shrewd enough to secure a commitment from the Brady group to foot the bill in the event this case went down the shitter.

Whatever. Justice was done and I'm happy with the outcome.

 

Duckhunter935

(16,974 posts)
65. Sorry
Sun Jul 5, 2015, 11:32 PM
Jul 2015

But it will not change as much as you want it to. It will just cost them even more money to get the same result.

pablo_marmol

(2,375 posts)
66. "It amazes me how one side, can so turn it around, and use the other side's own money against them."
Mon Jul 6, 2015, 03:50 AM
Jul 2015

You're not kidding, VM! That's the RKBA jiu-jitsu at work!



Meanwhile, The Brady Bunch continues to self-destruct!

 

stone space

(6,498 posts)
73. Why do some folks cheer on arms merchants when...
Tue Jul 7, 2015, 10:48 AM
Jul 2015

...they kick families of gun victims in the face?

That's a level of hatred for gun victims that I'm surprised to see on a Democratic site.

I just don't understand the hate.

And how the hate becomes so extreme.

Nuclear Unicorn

(19,497 posts)
74. It's not hte for the victims but you know that. Any delight in loss is reserved strictly for the
Tue Jul 7, 2015, 11:26 AM
Jul 2015

Brady campaign. They are the ones who manipulated the family into filing a frivolous lawsuit. They are the ones you should be mad at.

 

stone space

(6,498 posts)
75. This is about hatred for gun victims, plain and simple.
Tue Jul 7, 2015, 11:31 AM
Jul 2015

Families of gun victims being attacked by the arms industry is what is being cheered on here.

And such hate has no place on a Democratic board.

 

blueridge3210

(1,401 posts)
77. Um, no, it's not about "hatred".
Tue Jul 7, 2015, 11:37 AM
Jul 2015

It's about the rule of law, plain and simple. The law provided for awarding attorney's fees to the defendants in these types of suits as the vendor is not responsible for the criminal actions of 3rd parties who are using their legal products during the commission of a crime.

As the judge noted, the Brady Org had to know the provisions of the law yet chose to file the lawsuit anyway. The award is clearly justified.

tularetom

(23,664 posts)
81. I don't hate anybody in the world...
Tue Jul 7, 2015, 11:43 AM
Jul 2015

but I have a pretty low opinion of people who would take advantage of a family's grief in order to get them to file a baseless lawsuit to further their own prejudices.

Why not sue the manufacturer of the automobile that Mr Holmes drove to the theater in order to perpetrate his murderous rampage?

 

stone space

(6,498 posts)
82. You can't blame anybody but the arms industry for their...
Tue Jul 7, 2015, 11:50 AM
Jul 2015

...direct and blatant attacks on the families of gun victims.

And it is disgusting to see such attacks cheered on here at DU.




 

beevul

(12,194 posts)
85. Are you reading things in reverse?
Tue Jul 7, 2015, 01:00 PM
Jul 2015
You can't blame anybody but the arms industry for their...direct and blatant attacks on the families of gun victims.


It appears you have it backwards.

The families in question were the ones making a legal attack.



tularetom

(23,664 posts)
91. Nobody "attacked" the family of a victim
Tue Jul 7, 2015, 01:27 PM
Jul 2015

The Brady bunch conned them into filing a baseless lawsuit against a merchant for selling ammunition to a customer.

Why not sue the state of Colorado for failing to recognize that Mr Holmes was a dangerous loony and having him locked up before he was able to shoot anybody?

Why not sue the theater for admitting him that day?

See how stupid it sounds? Thats how stupid it is to blame the store that sold him the ammo.

tularetom

(23,664 posts)
113. You know, I sort of knew I was wasting my time when I responded to that first post
Tue Jul 7, 2015, 06:15 PM
Jul 2015

But I'm a lifelong optimist, I actually believe people are open to listening to the opinions of others.

Oh well, screw him.

 

blueridge3210

(1,401 posts)
120. Nope.
Tue Jul 7, 2015, 08:31 PM
Jul 2015

It certainly looks like being put on time out feeds some narcissistic desire to see himself as a victim. He pushes to have his posts hidden. He did the same thing on DI; about to come off his time out there as well.

 

Lurks Often

(5,455 posts)
121. LMAO, looks like the religion and spirituality group is tired of him too
Tue Jul 7, 2015, 08:36 PM
Jul 2015

I expected the 2 hides to be here.

I'm sure he'll be back on July 15th

We should really start a pool and donate the money to a charity of the winner's choice

Nuclear Unicorn

(19,497 posts)
86. Seeing as you have demonstrated the lack of a functional definition for murder you
Tue Jul 7, 2015, 01:01 PM
Jul 2015

lack the credibility to define the terms of "hatred" and "Democratic."

You don't even affirm a woman's right to self-defense so what makes you think you're concern for victims is viewed as carrying any degree of sincerity?

pablo_marmol

(2,375 posts)
83. Not surprised that you **hatefully** twist my disdain for The Brady Bunch
Tue Jul 7, 2015, 12:12 PM
Jul 2015

into hate for gun violence victims. Par for the course in your filthy world. You've pulled this dirty move before. What's your game, SS? Trying to provoke Democratic supporters of the RKBA into getting posts hidden, or are you actually so full of (gun) hate that you can't process what others actually write?

 

Duckhunter935

(16,974 posts)
127. not just gun hate
Wed Jul 8, 2015, 12:38 AM
Jul 2015

seems he hates some others too, look at the hides he received in religion. He is now back on vacation and the admins should really look at his account.

pablo_marmol

(2,375 posts)
128. You are correct.
Wed Jul 8, 2015, 12:46 AM
Jul 2015

If a Democratic supporter of the RKBA engaged in the ugly smearing that SS has, they'd be tombstoned in a N.Y.C. HEARTBEAT.

Luckily for him there is a brazen double-standard in rule enforcement.

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