The Briefing Room
General Category => National/Breaking News => Second Amendment => Topic started by: mystery-ak on July 09, 2021, 11:34:26 pm
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California Judge Rules That Shooting Victims Can Sue Gun Manufacturer
By Jack Phillips
July 9, 2021 Updated: July 9, 2021
A California judge ruled that victims of a 2019 shooting in San Diego that left one dead and three wounded can sue the manufacturer of a rifle and the gun shop that sold it.
Superior Court Judge Kenneth Medel ruled (pdf) Wednesday that the victims and families in the shooting in Poway, California, can file a lawsuit against Smith & Wesson, one of the largest gun manufacturers in the world, over alleged negligence.
Lawyers for Smith & Wesson argued that the lawsuit was barred by the Protection of Lawful Commerce in Arms Act (PLCAA), a federal law that shields gun manufacturers and sellers from liability. The 2005 law prohibits arms manufacturers and dealers from being sued over crimes that were committed with their products, although there are exceptions to the rule.
The plaintiffs in the suit alleged that the gun maker violated California state law by designing the M&P15 rifle—similar to the popular AR-15 rifle—so that it can be easily modified. The suit, which is backed by the gun-control group Brady Center, also claimed Smith & Wesson’s marketing “attracted impulsive young men with military complexes who were particularly likely to be attracted to the unique ability of AR-15 style weapons,” according to reports.
more
https://www.theepochtimes.com/california-judge-rules-that-mass-shooting-victims-can-sue-gun-manufacturer_3894968.html
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Can auto accident victims sue Ford, Chevrolet, and Nissan?
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The plaintiffs in the suit alleged that the gun maker violated California state law by designing the M&P15 rifle—similar to the popular AR-15 rifle—so that it can be easily modified. The suit, which is backed by the gun-control group Brady Center, also claimed Smith & Wesson’s marketing “attracted impulsive young men with military complexes who were particularly likely to be attracted to the unique ability of AR-15 style weapons,” according to reports.
Clearly any vehicle manufacturer can now be sued if it manufactures a vehicle which can be easily modified and which is marketed to "impulsive young men" who are "particularly likely to be attracted to the unique ability of" such a vehicle to be driven recklessly.
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Sue the farmer who grew the corn that the distiller made into whiskey that the driver drank before running into someone on a park bench. It's the farmer's fault, right?
Well, no. Did the firearm malfunction? Did parts of the firearm fail, structurally? If not, then the product performed as it was intended to perform.
How that performance was applied is dependent on the actions of the user.
There are volumes of State, Federal, and local laws which deal with the improper use of, or even just modifications to, a firearm.
If someone used that product in contravention to those laws, better take it up with them.
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Was the gun made in California, sold in California, was that particular gun used in a crime in California? As others have said what about car manufacturers whos cars were modified and used in crimes? I predict this will go to the Ninth Circus where the clowns will uphold this ridiculous ruling and then get slapped down(maybe) by the USSC. What's next sue knife manufacturers if one of their knives are used in a crime, hammers? the list of manufacturers to be sued could be very long indeed.
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So families of people that OD on pharmaceuticals can sue the manufacture as well.
This is going to be a long list.
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So families of people that OD on pharmaceuticals can sue the manufacture as well.
This is going to be a long list.
I'll sue McDonalds and Whataburger for making me fat.
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You're going to see more and more rulings like this in anti 2A states because the left wants to do away with the PLCAA.
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That's right, put another American industry out of business so criminals will only be able to illegally acquire foreign-made firearms.
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You just know that the shysters are trying to figure out some way for the ammo manufacturers to be included in this asinine scheme, especially now that they know they have a really stupid judge working with them.