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9/19/2017 7:27:10 PM
Posted: 11/22/2003 12:58:24 PM EDT
[Last Edit: 11/22/2003 5:29:10 PM EDT by KA3B]
(CBS/AP) A federal appeals court reinstated a lawsuit alleging gun industry sales tactics put weapons into the arms of criminals — in this case a white supremacist who killed a mail carrier and wounded three children.

The decision Thursday was expected to re-ignite U.S. Senate debate next year over legislation that would immunize the gun industry from being sued for crimes committed with their products.

More than 30 states already have laws exempting gun manufacturers and distributors from suits, although few ban lawsuits by both local or state governments and victims of gun violence. The House in April passed a bill to extend a ban on any such suits nationwide and President Bush has said he would sign it. Senate Democrats have threatened to filibuster the proposal.

The 2-1 ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals reinstates a lawsuit filed against gun manufacturers and distributors whose weapons were used by a white supremacist who shot a Filipino-American postal worker to death and wounded five people — including three children — at a Jewish day care center in a 1999 Los Angeles-area rampage.

A Los Angeles federal judge in 2001 had thrown out the case, filed by families of the victims against Georgia-based Glock Inc., China North Industries Corp., RSR Management Corp. and RSR Wholesale Guns Seattle Inc. The case was filed under California negligence and wrongful death statutes.

Survivors claimed that several weapons companies produced, distributed and sold more firearms than legal purchasers could buy. In addition, they claimed the industry knowingly participated and facilitated an underground illegal gun market.

"I believe this is the first federal court of appeals decision to sustain a claim like this one," said Peter Nordberg, an attorney for the plaintiffs.

Christopher Renzulli, the attorney for Glock and the RSR companies, said the Glock that the gunman, Buford Furrow, used to kill letter carrier Joseph Ileto was originally sold to the police department in Cosmopolis, Wash., by the RSR companies.

"How are we supposed to monitor a gun after we sell it to a law enforcement agency?" Renzulli said.

According to court records, the police department sold the weapon to a gun shop in exchange for a different model. The shop sold it to a gun collector who is alleged to have sold it to Furrow — an ex-convict prohibited from purchasing weapons — at a gun show in Spokane, Wash.

Renzulli said he was considering asking an 11-judge panel of the appeals court to rehear the case.

Charles Dick, China North Industries' attorney, said he was reviewing the decision and declined comment. That company made the short-barrel rifle Furrow used in the community center.

In the decision reinstating the case, Judge Richard Paez wrote that Glock's marketing strategy creates a "supply of post-police guns that can be sold through unlicensed dealers without background checks to illegal buyers."

The judge also wrote that Glock and China North supply weapons to distributors "who are responsible for the sales of guns that end up in the hands of criminals."

Judge Cynthia Holcomb Hall dissented, saying the court was twisting the law to obtain a "just result" for the victims.

Furrow is serving life in prison without parole for the 1999 shootings.

Since 1998, at least 33 municipalities, counties and states have sued gun makers, many claiming that manufacturers, through irresponsible marketing, allowed weapons to reach criminals. Just one of those suits resulted in a manufacturer or distributor paying any money.

Private groups, including the National Association for the Advancement of Colored People, also have sued, saying guns "led to disproportionate numbers of injuries, deaths and other damages" among minorities. That case was thrown out of federal court in July.

The Senate probably will consider the immunity bill early next year, said Will Hart, spokesman for Sen. Larry Craig, R-Idaho, a leading proponent of the legislation. Craig believes he has the votes to force the bill through the Senate despite filibuster threats, Hart said.

According to federal statistics, there were 28,000 firearms deaths in the United States in 2000. Suicides accounted for 16,000 and homicides for 10,000. Accidents with guns claimed 776 and law enforcement officers shot to death 270 people that year.
Profanity edited as per request of Mod!
Link Posted: 11/22/2003 1:00:54 PM EDT
This is the same 9th Circus that you guys were praising for the "Machine Gun" ruling last week. This won't last long.

May finally get a SCOTUS ruling out of it though.
Link Posted: 11/22/2003 1:03:38 PM EDT
Good ! So this will mean I can sue General Motors for making the Chevy truck that killed my neice in a wreck??




STUPID FUCKS!!!

<­BR>
Link Posted: 11/22/2003 1:06:20 PM EDT

Originally Posted By sniper1az:
Good ! So this will mean I can sue General Motors for making the Chevy truck that killed my neice in a wreck??



Quite possibly if you can prove GM made a defective vehicle. The operative word here is "defective".

Link Posted: 11/22/2003 1:07:39 PM EDT
If we do get a SCOTUS ruling out of this, it won't be a 2nd ammendment issue. It will only be a product liability issue. If Glock can be sued in this instance, the PD that traded it should be sued as well. And the retailer, and the collector and so on and so on and so on. Not to mention all the tax payers that live in the jurisdiction of that police department. Fuck the 9th and all their BS rulings...
Link Posted: 11/22/2003 1:22:44 PM EDT
And why is any of that Glock's fault?

And what does S+W have to do with any of this?
Link Posted: 11/22/2003 1:25:11 PM EDT
Consider modifying the title of your post.
Link Posted: 11/22/2003 1:29:54 PM EDT
Considered, not going to do it.

If anyone on this boards needs the reasons why Glock and S&W are mentioned then they are clueless.
Link Posted: 11/22/2003 1:37:39 PM EDT

Originally Posted By KA3B:
Considered, not going to do it.

If anyone on this boards needs the reasons why Glock and S&W are mentioned then they are clueless.


My suggestion has nothing to do with either Glock or S&W. It's the use of "fuck" and "assfucks" in the title of a GD thread. It's inappropriate and unnecessary.
Link Posted: 11/22/2003 1:45:42 PM EDT

Originally Posted By OLY-M4gery:
And why is any of that Glock's fault?

And what does S+W have to do with any of this?



Because Glock and S&W won't be happy until all firearms are banned.
Link Posted: 11/22/2003 1:58:49 PM EDT

Originally Posted By wetidlerjr:

Originally Posted By sniper1az:
Good ! So this will mean I can sue General Motors for making the Chevy truck that killed my neice in a wreck??



Quite possibly if you can prove GM made a defective vehicle. The operative word here is "defective".




I think you're missing the point. The suit is not alleging guns are defective in some way. The fact that they shot and killed people is proof that they are not.

The claim is that the firearms companies act in a tortious manner by selling more guns than they know the legitimate market absorbs, thereby ensuring a supply of guns to illicit users.
Link Posted: 11/22/2003 1:59:45 PM EDT

Originally Posted By Jarhead_22:

Originally Posted By KA3B:
Considered, not going to do it.

If anyone on this boards needs the reasons why Glock and S&W are mentioned then they are clueless.


My suggestion has nothing to do with either Glock or S&W. It's the use of "fuck" and "assfucks" in the title of a GD thread. It's inappropriate and unnecessary.



I agree, but this is a dupe thread

www.jcarmory.com/forums/topic.html?b=1&f=5&t=216211

IBTL (My first!!! )

CW
Link Posted: 11/22/2003 2:15:47 PM EDT
Just remember that the Kennedy's cars have killed more people than my guns have.

Link Posted: 11/22/2003 2:32:36 PM EDT
Link Posted: 11/22/2003 2:34:10 PM EDT

Originally Posted By Cold_Warrior:


I agree, but this is a dupe thread

www.jcarmory.com/forums/topic.html?b=1&f=5&t=216211

IBTL (My first!!! )

CW



Actually its a Double Dupe thread!
www.ar15.com/forums/topic.html?b=1&f=5&t=216324&w=searchPop
Link Posted: 11/22/2003 2:46:34 PM EDT

Originally Posted By tc6969:

Originally Posted By Cold_Warrior:


I agree, but this is a dupe thread

www.jcarmory.com/forums/topic.html?b=1&f=5&t=216211

IBTL (My first!!! )

CW



Actually its a Double Dupe thread!
www.ar15.com/forums/topic.html?b=1&f=5&t=216324&w=searchPop



So can I get another IBTL?
Link Posted: 11/22/2003 2:54:09 PM EDT

Originally Posted By wetidlerjr:

Originally Posted By sniper1az:
Good ! So this will mean I can sue General Motors for making the Chevy truck that killed my neice in a wreck??



Quite possibly if you can prove GM made a defective vehicle. The operative word here is "defective".




First, sniper1az I am very sorry for your loss.

wetidlerjr, No the operative word would be "prove"
Link Posted: 11/22/2003 2:57:03 PM EDT
[Last Edit: 11/22/2003 2:57:57 PM EDT by Corporal_Chaos]
That's it, I'm sueing all of detroit for selling cars to people who drive drunk. After all, we know the make and sell more cars than they can reasonable sell to people who do not drive drunk. How the fuck can someone say a gun manufacture makes and sells more guns than the legitimate firearms community can absorb? That's so much bullshit.

God I hate stupid people.
Link Posted: 11/22/2003 2:57:44 PM EDT

Originally Posted By Cold_Warrior:

Originally Posted By Jarhead_22:

Originally Posted By KA3B:
Considered, not going to do it.

If anyone on this boards needs the reasons why Glock and S&W are mentioned then they are clueless.


My suggestion has nothing to do with either Glock or S&W. It's the use of "fuck" and "assfucks" in the title of a GD thread. It's inappropriate and unnecessary.



I agree, but this is a dupe thread




No shit.....

www.ar15.com/forums/topic.html?b=1&f=5&t=216324&page=1#2128942
Link Posted: 11/22/2003 3:09:05 PM EDT

Originally Posted By 95thFoot:

Originally Posted By Cold_Warrior:

Originally Posted By Jarhead_22:

Originally Posted By KA3B:
Considered, not going to do it.

If anyone on this boards needs the reasons why Glock and S&W are mentioned then they are clueless.


My suggestion has nothing to do with either Glock or S&W. It's the use of "fuck" and "assfucks" in the title of a GD thread. It's inappropriate and unnecessary.



I agree, but this is a dupe thread




No shit.....

www.ar15.com/forums/topic.html?b=1&f=5&t=216324&page=1#2128942


But I was first! [>(]
Link Posted: 11/22/2003 3:19:40 PM EDT

Originally Posted By tc6969:

Originally Posted By Cold_Warrior:


I agree, but this is a dupe thread

www.jcarmory.com/forums/topic.html?b=1&f=5&t=216211

IBTL (My first!!! )

CW



Actually its a Double Dupe thread!
www.ar15.com/forums/topic.html?b=1&f=5&t=216324&w=searchPop



Well, don't just stand there looking at us like Mountain man 8....


PUSH THE BUTTON!!

DROP THE OLD HAMMER!!

FIRE AT WILL!!


IBTL!!
Link Posted: 11/22/2003 3:24:18 PM EDT
I thought that SCOTUS had already ruled that suing gunmakers for "product liability" was not going to pass muster.
Link Posted: 11/22/2003 5:29:45 PM EDT
Please make this post go to the corn field Timmy...
Link Posted: 11/22/2003 5:45:36 PM EDT
Your wish is my command, but I am NOT Timmy.
Link Posted: 11/22/2003 5:47:23 PM EDT
[Last Edit: 11/22/2003 5:48:28 PM EDT by Glock918]
Lock for reasons stated above redundant thread.
Art in KY

Edited to add: I got beat by one key stroke.
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