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For a negligence suit the judge only weighs the facts in motions to dismiss or summary judgment motions. If it gets past those stages, then it's to a jury.

FWIW regardless of how liberal I am, I don't believe it's fair to expose a manufacturer or seller of a legal product to negligence claims because the product worked as intended, especially if it's use was during the commission of a crime. That's a legislative issue, and then possibly a constitutional issue. The military doesn't buy these and they aren't used in most mass shootings, so clearly they have a use as a range toy and possible self defense application.

Are plaintiffs suing KCI because they don't have immunity as a firearms manufacturer?
 
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