User Panel
Posted: 4/14/2016 1:35:25 PM EDT
BRIDGEPORT, Conn. (CBSNewYork/AP) — A Connecticut state judge has denied a gun company’s motion to dismiss a wrongful death lawsuit filed by families of some of the victims of the 2012 Sandy Hook shooting.
The lawsuit, which has been the center of a heated debate, alleges the families of the Sandy Hook victims have the right to sue the gun manufacturer of the Bushmaster AR-15 used in the incident because the manufacturers knew the gun was too dangerous for public use. Freedom Group, the Madison, North Carolina, parent company of AR-15 maker Bushmaster Firearms, says it’s protected by a 2005 federal law that shields gun manufacturers from most lawsuits over criminal use of their products. Judge Barbara Bellis ruled Thursday that a federal law protecting gun makers from lawsuits does not prevent lawyers for the families of Sandy Hook victims from arguing that the AR-15 is a military weapon and should not have been sold to civilians. “We are thrilled that the gun companies’ motion to dismiss was denied. The families look forward to continuing their fight in court,” Josh Koskoff, one of the lawyers representing the families, said in a statement Thursday. The lawsuit recently made its way into the political spotlight, when Democratic presidential candidate Bernie Sanders was criticized for reportedly saying he did not support the plaintiffs in the suit. “…I do believe that gun manufacturers and gun dealers should be able to be sued when they should know that guns are going into the hands of wrong people,” Sanders said in an interview with the Daily News. “So if somebody walks in and says, ‘I’d like 10,000 rounds of ammunition,’ you know, well, you might be suspicious about that. So I think there are grounds for those suits, but not if you sell me a legal product.” Bushmaster Firearms has not yet commented on the ruling as of Thursday afternoon. On Dec. 14, 2012, Adam Lanza, 20, shot and killed 20 first-graders and six educators at Sandy Hook Elementary School. Lanza killed his mother before the school shooting and killed himself afterward. Last year, more than a dozen victims’ families split $1.5 million under settlements of lawsuits filed against the estate of the gunman’s mother. link |
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So they're legal, but we think they should be illegal, and therefore they are illegal, and fuck you.
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Judge is wrong. I thought the FOPA granted immunity from these things.
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Well Fuck, bend over everyone and grab your ankles they are going in dry
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Not surprised since its a state level judge. It will probably be tossed once it is appealed to the federal level.
Edit: The state judge apparently said that the federal law doesn't prevent the case from being argued. So the case will probably get argued then tossed, if not by that judge by the next one up the food chain. |
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So argue because it's supposedly a "military" weapon it's exactly what is protected under the 2nd Amendment. Not only should they sell them, everyone should have one with a basic load of ammo, training, and gear! |
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Those of you living in Connecticut have a name to add to your list it would seem......You DO have a list don't you?
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While its bullshit, I don't see anything "breaking" about this. If nothing happened then, then I doubt anything will happen now
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The law says you can't, but we disagree with the law, so the law is moot. View Quote View All Quotes View All Quotes Quoted:
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Judge is wrong. I thought the FOPA granted immunity from these things. The law says you can't, but we disagree with the law, so the law is moot. That's pretty much what the judge said. Unbelievable. |
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No it's not. It will go through the courts, BM will win, and counter sue to reclaim their attorney's fee, crippling the families that sued them financially. Then we will find out who is financially supporting and pushing the families to do this. |
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This can very easily backfire on the plaintiffs. Their beef is that there is no suitable civilian use for the AR-15. All the Defendants need to do is post the 10,000 Youtube videos of people using AR-15s for hunting and competition to prove it's bogus.
If that court case fails, the ruling can be used against all the other "AR-15s have no civilian use" gripes. |
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I'll take legislating from the bench for 1000... View Quote Its not really legislating from the bench, yet. All the judge said was the case can be argued. If the case is subsequently argued and she rules the federal law doesn't apply when it so clearly does in this case then it would be legislating from the bench |
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Maybe if there is any justice they will end up financially in ruins like the last assholes that tried this shit. Sorry you lost your child, but thus misplaced anger is bullshit and needs to stop.
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I know unlikely and not financially feasible but, every company in the firearm business in the State should consider packing and moving.
I bet there are other states that would make it worth their time. |
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This can very easily backfire on the plaintiffs. Their beef is that there is no suitable civilian use for the AR-15. All the Defendants need to do is post the 10,000 Youtube videos of people using AR-15s for hunting and competition to prove it's bogus. If that court case fails, the ruling can be used against all the other "AR-15s have no civilian use" gripes. View Quote I like that possibility. Ooh, that would be awesome. |
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The law says you can't, but we disagree with the law, so the law is moot. View Quote View All Quotes View All Quotes Quoted:
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Judge is wrong. I thought the FOPA granted immunity from these things. The law says you can't, but we disagree with the law, so the law is moot. yeah, they basically invented a "military grade" weapon clause which does not exist in the law. The same shit that happened to the family that tried to sue the online retailer that sold the Colorado shooter his ammo is going to happen to these folks. They'll be dead broke and the Brady fuckheads will be looking for their next victim to exploit. |
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Judges/Courts do all sorts of things to further agendas.
Bet the plaintiffs didn't like this decision. http://newyork.cbslocal.com/2016/04/11/adam-lanza-documents-newtown-shooting/?e=pbKavqysHoKi9qkPAbK5zFypEQ |
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She said they have a "right to argue " . Got to keep the lawyers paid.
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No it's not. It will go through the courts, BM will win, and counter sue to reclaim their attorney's fee, crippling the families that sued them financially. Then we will find out who is financially supporting and pushing the families to do this. View Quote View All Quotes View All Quotes Quoted:
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Just heard this on the news this is very very bad this... they should be posting about the co family that got schlonged for $200.000.00 + in legal fees when they lost. also, any gun company that gets sued and wins would be stupid to not go after legal fees.... because its a good warning to others who start thinking about suing for the same thing. its not like it can hurt their image with liberals by going after legal fees from the families, as liberals hate them anyway, and dont give a shit about the victims, or their families, they just want guns banned. |
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This can very easily backfire on the plaintiffs. Their beef is that there is no suitable civilian use for the AR-15. All the Defendants need to do is post the 10,000 Youtube videos of people using AR-15s for hunting and competition to prove it's bogus. If that court case fails, the ruling can be used against all the other "AR-15s have no civilian use" gripes. View Quote Yes it could easily backfire on the anti's. Couple that kind of backfire with what appears to be a backfire on the anti's with the SCOTUS MA stun gun ruling and it would be very hard for any anti to claim that EBR's are not protected. |
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The judge is a lawyer also. She's just allowing the legal machine to continue to be fed.
ETA: No offense Aimless! |
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Quoted: this... they should be posting about the co family that got schlonged for $200.000.00 + in legal fees when they lost. also, any gun company that gets sued and wins would be stupid to not go after legal fees.... because its a good warning to others who start thinking about suing for the same thing. its not like it can hurt their image with liberals by going after legal fees from the families, as liberals hate them anyway, and dont give a shit about the victims, or their families, they just want guns banned. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: Just heard this on the news this is very very bad this... they should be posting about the co family that got schlonged for $200.000.00 + in legal fees when they lost. also, any gun company that gets sued and wins would be stupid to not go after legal fees.... because its a good warning to others who start thinking about suing for the same thing. its not like it can hurt their image with liberals by going after legal fees from the families, as liberals hate them anyway, and dont give a shit about the victims, or their families, they just want guns banned. And the longer it gets drug out, the higher those attorney fees are going to be. |
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Not surprised since its a state level judge. It will probably be tossed once it is appealed to the federal level. Edit: The state judge apparently said that the federal law doesn't prevent the case from being argued. So the case will probably get argued then tossed, if not by that judge by the next one up the food chain. View Quote exactly. It's a political issue. they will meet them half way. They will pretend like it's a serious issue but in the end. assuming law prevails.. will be tossed at some point. But nobody can say they didn't "try". |
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So this is legal prescedence for me to sue Government Motors/Ford/Chrysler/Toyota/etc when some drunk hits me? They should have known vehicles are dangerous and therefore they are liable for its criminal use.
I'll be here waiting for the Sandy Hook families to turn in their dangerous motor vehicles. |
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Not surprised since its a state level judge. It will probably be tossed once it is appealed to the federal level. Edit: The state judge apparently said that the federal law doesn't prevent the case from being argued. So the case will probably get argued then tossed, if not by that judge by the next one up the food chain. View Quote Case will be argued that the AR15 is a military weapon. Some General comes in and says, wow, it looks like what we use but it is not, stop calling it a military weapon. |
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So while we are at it let's hit alcohol and vehicle companies because people don't know how to control themselves and drive drunk and kill folks because of their products.
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Wasn't this backed by the brady idiots? I hope they get slammed for lawyer fees when it fails.
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Here's a pic of the Koskoff family <a href="http://s33.photobucket.com/user/gspointer/media/a7345570f7c09449ed4b1c1f76535033_zps74d6c71c.jpg.html" target="_blank">http://i33.photobucket.com/albums/d80/gspointer/a7345570f7c09449ed4b1c1f76535033_zps74d6c71c.jpg</a> View Quote Was there really any doubt? |
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So this is legal prescedence for me to sue Government Motors/Ford/Chrysler/Toyota/etc when some drunk hits me? They should have known vehicles are dangerous and therefore they are liable for its criminal use. I'll be here waiting for the Sandy Hook families to turn in their dangerous motor vehicles. View Quote You have always been able to do so. No one would bother as it is a frivolous lawsuit you are certain to lose. Now if your goal was to bankrupt a company, and you were a municipality that didn't mind filing multiple frivolous suits against a company until they could no longer afford to defend themselves and went out of business. Well you have just won your objective without winning a case. |
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I wonder how much Bloomberg had to pay to get the judge to work for him.
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What makes this total horseshit is that the law wasn't just intended to sheild gun makers from the results of the lawsuits, it was intended to shield them from having to go bankrupt from defending themselves against lawsuits. The gun was legal to sell and legal to purchase. Period, end of discussion. The stated premise is ridiculous on its face...they aren't arguing that Bushmaster should have known Lanza was a killer, they are arguing that they should have known their product was dangerous, periuod...even though it was perfectly legal and the inherent dangers understood.
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So... Bushmaster shouldn't have sold a rifle that has been sold to civilians since 1965.
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