Jessica Ghawi
Huffington Post
We brought our lawsuit because we thought it was outrageous that companies could sell a dangerous man an arsenal without getting any information about him, and without making any effort to see if he was a dangerous killer -- which he was. When the killer had left a voicemail with a shooting range, the range operator knew that he was bad news and shouldn't be given access to guns. But these companies set up their business so people just like this killer can arm themselves at the click of a mouse. We wanted to change that. And we still do.
The judge dismissed our case because, he said, these online sellers had special immunity from the general duty to use reasonable care under the federal Protection of Lawful Commerce in Arms Act and a Colorado immunity law. If you couple the PLCAA law with Colorado's law HB 000-208, (which says in essence: If you bring a civil case against a gun or ammunition seller and the case is dismissed then the plaintiff must pay all the defendant's costs), you have an impenetrable barrier to using the judicial system to effect change in gun legislation in Colorado.
Everyone else in society has a duty to use reasonable care to not injure others -- except gun and ammunition sellers.
To make matters worse, the judge ordered that we pay $203,000. This is an outrageous amount, especially given that this case was decided after one single motion! Lucky Gunner has said that it is going to donate all these fees to "gun rights" groups. The thought is disgusting to us that Lucky Gunner does not even plan to use this money to pay for their attorney's fees.
Maybe these money-grubbing vultures should have thought about the relevant laws before trying to exploit their daughter's death for monetary gain. Maybe they should blame the Brady Campaign for talking them into this foolish lawsuit, which the Brady Bunch had to know would fail, but at least gave them some temporary relevance.
ReplyDeleteKurt: "Maybe they should blame the Brady Campaign for talking them into this foolish lawsuit, which the Brady Bunch had to know would fail, but at least gave them some temporary relevance."
DeleteI have to wonder if they just used them to rail against the PLCAA after the inevitable loss. That's pretty heartless to stick them with a 200k bill just to get a little press time.
They weren't suing for money. What the fuck are you gun fanatics talking about?
DeleteI have to wonder if they just used them to rail against the PLCAA after the inevitable loss.
DeleteI very strongly suspect that's exactly what happened. Utterly disgusting.
That's what I said. The Brady's probably wanting this just for the press, knowing full well they would lose.
DeleteWhy else was there a lawsuit Mike?
DeleteNewcastle, did you read the article?
DeleteYes I read the article
DeleteNew can't read, he proved that MANY times.
DeleteYou prove that you have zero comprehension skills anon, many times.
DeletePlay stupid games, win stupid prizes.
ReplyDelete
ReplyDeleteWitness the desperate fund raising campaign by the Brady Campaign. First, the attorneys thoughtfully supplied by the Brady's didnt look out for the best interests of their "clients" by advising them as to the potential consequences of the very likely failure of what was in actuality four lawsuits against several companies that were conducting lawful business. Though one could perhaps make the argument as to whether they were truely working FOR the couple in question.
So the judge hearing the cases, quite rightfully dismissed the cases in accordance with the law and then it was time to pay the piper so to speak. Considering that this was a corporate lawsuit, it isnt surprising at the size of the legal fees. I had heard they were on the hook for a bit over $260,000 for all four suits, though I imagine the figure of $203k might just be from the ammo dealer. And by the way, it the suit had been successful, what do you suppose they might have submitted for legal fees for the evil companies being sued to have to pay?
So they lost, and now they have to try to get the bills paid. The Brady Campaign is in reality not going to be able to walk away from this. If they do, good luck ever finding a "victim" to represent in any future lawsuits. So now the challenge is to get someone else to pay for their loss.
I forsee sometime soon if not already, a crowdfunding move for the poor "victims" to save them from the responsibility of their unwise actions. I'm sure many will kick in and the Brady Campaign might actually make some money on the whole thing depending on when, or if they shut it down when the goal is met.
Looking at the site from Luckygunner, I see that the Minnesota group that I'm a member of will be getting a bit over $3,200. It was fairly easy to spot the writing style of the Brady Campaign by looking at the inaccuracies such as the use of "armor piercing" bullets.
You lie about everything and now pretend you know more than the lawyers. Don't you ever get embarrassed by ALWAYS being proved wrong?
DeleteThey sued Lucky Gunner for selling ammunition to a guy who passed his background check to buy a gun. And they wonder why they lost.
ReplyDeleteLucky Gunner did not know that. As far as they were concerned he could have been a James Holmes ready to blow, which is exactly what he was.
DeleteAs I said, PLCAA aside, their argument was that Lucky Gunner should have run a background check AND THEN sold him the ammo- changing nothing of the outcome. How successful do you think a statutory rape case would be when both parties are over 18 with the argument being, "yeah, but he didn't know that she was of age"?
DeleteJust as you said Mike, they did not know that.
Delete"money-grubbing vultures"
ReplyDeleteAre the ones who make profit on the deaths of others. Your precious gun makers and owners, YOUR side.
It's sad that a grieving family would have allowed themselves to be used as disposable pawns by the gun control industry. Their OpEd, while appearing to be thoroughly scripted by Brady, only serves to portray them as ignorant rubes. Their mischaracterization of the PLCAA and the illiterate use of meaningless buzzwords and catchphrases, should give pause to any intelligent member of the gun control cabal.
ReplyDeleteOh, they use buzzwords but you don't? Hahahahahahaha
DeleteYep. Find "armor-piercing" ammunition in their law suit. Here, I'll help: zero. Now find it in their HuffPo OpEd. Why behold, several uses of the emotionally framed buzzword. The currency of the ignorant and/or deceitful.
DeleteBut, they also incorrectly use buzzwords. The shooter did not use armor piercing ammunition. If he had, there surely would have been fewer casualties, so it is wrong on many levels.
DeleteYeah, reporters and even gun control advocates don't have the familiarity with these terms as you true fanatics do. So? Does the occasional misuse of a word or phrase change anything? No, but it does give you guys something to jump all over. And come to think of it, I'm sure folks on your side misspeak and misuse words from time to time too, don't you think?
Delete"Yeah, reporters and even gun control advocates don't have the familiarity with these terms as you true fanatics do. So? Does the occasional misuse of a word or phrase change anything? "
DeleteMike, considering that these gun control advocates are "professionals" shouldn't they be expected to know this stuff? It certainly doesn't give them much credibility when they expect the citizens to let them make up "common sense" gun laws when they don't have enough common sense to learn about the subject they want to legislate.
A fine example of this lack of common sense, or lack of it was the passage of the New York SAFE Act. They messed that one so badly, they had to call a special session to fix the worst stuff.
And didn't one of the big gun control groups hold a seminar for journalists to teach them the proper technical terms involved with the gun culture?
"On April 17 and 18 Bloomberg-funded Everytown for Gun Safety will help fund a two day workshop to “enhance the practical ability of journalists to report on guns and gun violence knowledgeably, ethically, and effectively.”
http://www.breitbart.com/big-journalism/2015/01/13/bloomberg-gun-control-group-sponsors-journalism-course-on-gun-violence/
The big problem is that you'd think that after all the times they get caught looking like idiots, they would make some attempt to get better, but they don't seem to care.
MikeB: "And come to think of it, I'm sure folks on your side misspeak and misuse words from time to time too, don't you think?"
DeleteAnd what term would you use for those people when that happens? Would you call them a "lying gun rights fanatic" by chance? Heck, you're quick to drop that tag even when there is no evidence of misused words from time to time.
Right SS, just as you, Big, New, TSBS, and Kurt ever know what you are talking about HA HA HA HA HA HA
DeleteYour lies, particular, are such obvious lies I have to laugh at you most of the time.
Mike post everyday how gun loons (who are supposed to know better) don't. And they are hillbilly stupid about their decisions that end up killing someone, but you love it when someone gets killed.
"Right SS, just as you, Big, New, TSBS, and Kurt ever know what you are talking about HA HA HA HA HA HA "
DeleteWell then Anon, here's your chance then. Instead od doing the maniacal mad scientist laugh from a 60's monster movie, perhaps you should show to the world how it is that we're incorrect or even lying about this article. Include something a bit more detailed than accusations along with cited sources.
Just think of the feeling of triumph you'll have. And it would certainly make the debate here more interesting. Currently, Mike seems to be standing alone here in regards to intelligent debate on the gun control side.
You SS, don't stand alone as a gun loon liar. You all lie. I triumphed a long time ago, about the tenth time I proved you were lying, that was about 50 of your lies, ago. Enjoy your dishonest delusions.
DeleteSo this is your way of saying you don't have actual data for your assertion here, much like all of the other times you couldn't be bothered to actually use verifiable facts......
DeleteYou have proven you don't know what you talk about, then claim you post facts, which is clearly wrong if I have to ask you for your facts. A review of the comment sections proves you are lying again, no surprise for a criminal, lying, kill crazy, gun loon, and thanks for proving it again.
DeleteGood triumphed over evil here, and to add even more to the positive side of the ledger, Lucky Gunner got some free advertising. In fact, I'm so inspired by this that I think I'll order a case of 12 gauge buckshot rounds from them, and pay for it with my NRA Visa card (which I applied for after seeing CSGV petition Visa to end their affiliation with the NRA).
ReplyDeleteOh, and of course there's the fact that the $203,000 will be going to gun rights advocacy groups, who will help the American people resist and defeat these predatory thugs.
Man--it's great having stupid enemies.