Saturday, March 16, 2019

Court Opens Crack in Federal Law Protecting Gunmakers

Connecticut Supreme Court okays Sandy Hook victims' liability lawsuit against Remington.

To put it simply, the court ruled that Remington, maker of the Bushmaster AR-15 rifle stolen and then used by the Sandy Hook assailant, could potentially be held legally liable for how its firearm was used based upon how it marketed its product. The court is stretching in its attempt to find a hole in PLCAA. How do we know? One clear indication is that the judges used the misnomer "assault weapons" when describing Remington's marketing. We may be wrong, but we can't think of a single gun manufacturer that uses this bogus term to describe its semiautomatic rifles. Thus, the judges say, the lawsuit can proceed based on malicious mischaracterization by the Left, not marketing by Remington.

Gun-control activists were quick to celebrate the ruling, seeing in it a roadmap for getting around PLCAA protections to go after firearm manufacturers. Adam Winkler of UCLA School of Law observed, "This is a landmark and potentially historic ruling. It opens up an avenue to hold gunmakers responsible despite federal immunity. It will encourage a lot more litigation."

The lawsuit will now proceed in the lower court, where the plaintiffs will attempt to make the case that Remington marketed its firearms in such a fashion as to have encouraged their illegal use. This clearly sets up a collision course with constitutional rights protected by the First and Second Amendments. If influencing the illegal use of firearms via marketing makes an organization liable for criminal activity, then Hollywood and video-game creators top the list of the worst offenders.


Anonymous said...

I am SAFT of all the leftist judges being encouraged to overturn the Constitution, Presidential orders, and the public will expressed at the ballot box. I am SAFT of a thoroughly corrupted "justice system" that does not end this kind of behavior through censure and removal of judges who abuse the authority of their positions.
This most recent circus act reminds me of an episode of "Law and Order" from well over 20 years ago where a similar stunt was used to find executives of a firearm company guilty of murder because they hadn't made a change to the design of an easily modified handgun to turn it into a fully automatic firearm. I have no doubt that episode influenced the creation of this lawsuit. They are too similar.
--General Petty Office Fifth Class Skyhawker Doug.

Murphy(AZ) said...

Too many Liberal judges going back to the Carter years feeling the end of their lifetime appointments are now making wild and ludicrous rulings trying desperately to do something that might get them into the history books.

If he accomplishes nothing else, President Trump must appoint as many Conservative Judges and Justices as he can, and Mitch McConnell had better get the Senate running overtime shifts to get them approved. We already know that the Dems want to change the rules and stuff the Supreme Court like Roosevelt attempted. And we know that if they ever regain the majority in the Senate they will work to appoint more Liberals; we've seen it before.

The Good God who looks over America gave us this moment in time with a Republican Senate and Donald Trump as President for a reason.

Eskyman said...

Soon Rosie O'Donnell will be able to sue the spoon manufacturers for making her fat!

As those above have already noted, this ruling is idiotic; I very much doubt it'll get past the SCOTUS even if the Animatronic Ruthie, unseen behind her curtain, is still functional enough for her clerks to push the rubberstamp button on her behalf.

I fully agree with GPOFCS Doug's suggestion to censure and remove judges who abuse their positions by allowing such meritless cases to advance, but that can only be done if our Republican't Party had some gonads; so it won't happen. Which is infuriating!

Anonymous said...

Some verbiage in the suit said [paraphrasing] "guns suitable only for military use".
The Bushmaster would not even be tested in a military arms request for quotation because it does NOT meet the qualifications of a battle rifle for the US military.
It's only semiautomatic. It is, however, suitable for shoving up that judge's ass.

I sure am glad the Sandy Hook perp didn't use a knife, hammer or a baseball bat.
The greedy bleeding hearts would be shutting down restaurants, house construction and our national pastime..
What a scam!!
Lt. Col. Gen. Tailgunner dick

Rodger the Real King of France said...

At this juncture it’s apparent to anyone with the slightest eduation, or ability to reason, that we are on the cusp of becoming not a free nation, but when held in captivity. The last last hope lies with Trump, and the militaries staying loyal to the constitution. The only possibilities I can conjure up are…

Blody revoltion
... An act of God
... the successful arrest and imprisonments of the 12,765 people on my list

Murphy(AZ) said...

Only 12,765? Is that your "FIRST DAY MUST" list, or just an abbreviated "SHORT LIST-MORE TO FOLLOW" list?

Anonymous said...

^ I imagine Rodge, like me, keeps three lists:
Flog Before Hang - that's the one with 12,765 names.
Lt. Col. Gen. Tailgunner dick

Anonymous said...

I wanna see a Soviet-style purge. I wanna see a "Night of the Long Knives". I wanna see "We hit Bruno Tataglia at 4 o'clock this morning." I want us to get plumb, mad-dog mean.

Moo-lin-yan Nabo-li-don

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