- Messages
- 6,824
- Reactions
- 17,613
If the company was illegally advertising then it needs to go to trial. Remington will win even if in appeal. However not going to trial makes the law weaker.
This is good in the long run. Remember though they make the R51 and forcthat alone they should face corporate legal death.
No, the point of the law is to prevent trial - to dismiss actions. Allowing the case to go to trial is directly contrary to the purpose of the law and thus cannot make it stronger, it can only harm it. https://www.law.cornell.edu/uscode/text/15/7902
(a) In general
A qualified civil liability action may not be brought in any Federal or State court.
(b) Dismissal of pending actions
A qualified civil liability action that is pending on October 26, 2005, shall be immediately dismissed by the court in which the action was brought or is currently pending.
The purpose section of the law is easy to read and understandable: 15 U.S. Code § 7901 - Findings; purposes
(2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms.
(7) The liability actions commenced or contemplated by the Federal Government, States, municipalities, and private interest groups and others are based on theories without foundation in hundreds of years of the common law and jurisprudence of the United States and do not represent a bona fide expansion of the common law. The possible sustaining of these actions by a maverick judicial officer or petit jury would expand civil liability in a manner never contemplated by the framers of the Constitution, by Congress, or by the legislatures of the several States. Such an expansion of liability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution.
Illegal advertising? What exactly is that? The man card ad?
Here is what is illegal -- from the context it sounds like intentionally marketing the guns to attract prohibited purchasers is rightly a no-no, as is doing a bad job with the required record keeping: 15 U.S. Code § 7903 - Definitions
(iii) an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought, including—
(I) any case in which the manufacturer or seller knowingly made any false entry in, or failed to make appropriate entry in, any record required to be kept under Federal or State law with respect to the qualified product, or aided, abetted, or conspired with any person in making any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale or other disposition of a qualified product; or
(II) any case in which the manufacturer or seller aided, abetted, or conspired with any other person to sell or otherwise dispose of a qualified product, knowing, or having reasonable cause to believe, that the actual buyer of the qualified product was prohibited from possessing or receiving a firearm or ammunition under subsection (g) or (n) of section 922 of title 18;