Brady Campaign Case Targeting Online Ammo Dismissed By Judge

[JohnC]

Brady Campaign Case Targeting Online Ammo Dismissed By Judge

An absurd attempt by the anti-gun Brady Campaign to hold online ammunition and shooting sport accessory companies responsible for the actions of a madman has been dismissed.

The lawsuit filed by the parents of a woman killed in the Colorado theater shootings, accusing four online retailers of improperly selling ammunition, tear gas, a high-capacity magazine and body armor used in the attack, has been dismissed.

According to court documents obtained by CBS4 Friday afternoon, Judge Richard P. Matsch dismissed the lawsuit filed against the defendants in the case: Lucky Gunner of Knoxville, Tennessee, Bullet Proof Body Armor of Tempe, Arizona, BTP Arms of New Oxford, Pennsylvania, and the Sportsman’s Guide of South St. Paul, Minnesota.

The lawsuit alleged it was illegal and negligent to sell the gear to James Holmes, who is accused of killing 12 people and injuring 70 in the July 20, 2012, attack.

It stated the companies had no safeguards to keep dangerous people from buying their goods.
Brady’s attorneys simply had no viable case against the legal protections under federal law as provided by the Protection of Lawful Commerce in Arms Act (PLCAA), which prevents harassment and frivolous lawsuits from gun control cultists.

In addition to dismissing the case, the judge found that the plaintiffs owe the companies they attempted to harass an award of “reasonable attorney fees.”

This suit seems very similar to the case filed by the surviving family members and a survivor of the Sandy Hook Elementary School shooting against Bushmaster. That case is using a slightly different by still very similar “negligent entrustment” argument, attempting to argue that there is a loophole in the PLCAA, and that AR-15s—and virtually every other modern firearm—are too dangerous for civilians to own.

The Sandy Hook case is incredibly weak, and it should hopefully be dismisses soon as well.

http://bearingarms.com/brady-campaign-case-targeting-online-ammo-dismissed-judge/ Edited March 31, 2015 by JohnC

[vontar]

Best Part, dismissed.

 

Second best part "In addition to dismissing the case, the judge found that the plaintiffs owe the companies they attempted to harass an award of “reasonable attorney fees.”"

 

If most plaintiffs had to pay the other attorney on non sense cases we would have allot less non sense cases.

Edited April 1, 2015 by vontar