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The Bradys are dancing in the street.

Discussion in 'Legal & Political Archive' started by Jamie6.5, Oct 9, 2012.

  1. Jamie6.5

    Jamie6.5 Western OR Well-Known Member

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    But the national news isn't talking about it.
    It must be "under the radar" of the MSM.

    NY appeal court: Shooting victim can sue gun maker - WSJ.com

    Gee, maybe we should lobby for the DOJ to be tried in a NY court over Fast and Furious.
     
    nwwoodsman and (deleted member) like this.
  2. gehrheart

    gehrheart fidalgo island Well-Known Member

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    That will be appealed to higher court for sure!

    Perfect example of the problem we have in this country, a total lack of personal responsability!
     
    Atroxus and (deleted member) like this.
  3. JGRuby

    JGRuby Portland Oregon New Member

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    To me this is not necessarily a loss to the 2A or gun manufacturing - it might make it stronger than ever if there is no fault found. I think that they will have a hard time making a case that High point did anything wrong. However it will cost Highoint money that will be passed onto the consumer. I hate Highpoint firearms but we must protect all legal firearms manufacturers or it will be a domino effect in regards to thier demise.

    James Ruby
     
  4. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Another perfect example of a problem we have in this country in which one wrong judge in one court case is again seen as the new ruler of what is right or wrong for the rest of us in our country.
     
  5. Father of four

    Father of four Portland, Oregon Well-Known Member

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    So a few other judges can get it wrong also? Yeppie!!!!
     
  6. Father of four

    Father of four Portland, Oregon Well-Known Member

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    My computer is probably going to be infected with a virus someday. I will get the supreme judge's to rule that Microsoft is responsible....Then we can have other judges build off that case.
    That just doesn't seem right from even a simpleton like me.
     
  7. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    So if I get hit by a car its not the bubblegum drivers fault, it must be the auto industry?!
    This is absolutely ludacris.
    So I have another one, lets say I consume too much alcohol one night and get arrested or a DUI, I could file a lawsuit against the liquor industry for making their vodka and whiskey too good, oh and lets not forget the companies that make the mixers/chasers..those only aid in my libation temptation! Had the drinks not been so delicious and relaxing I wouldn't have ordered or made one drink after another, after another.
     
  8. JGRuby

    JGRuby Portland Oregon New Member

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    The question comes down to - did Highpoint and MKS do anything wrong based on current law- this is the question to me. If either company did knowingly and with intent bypass or fail to comply with the law then they are at fault. I have a hard time beleiving that either did but I am not all knowing.

    James Ruby
     
  9. Father of four

    Father of four Portland, Oregon Well-Known Member

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    "It is the first case in which a court has held that a gun manufacturer may be held liable under the PLCAA, according to the Washington-based Brady Campaign to Prevent Gun Violence, which brought the appeal.

    "If a gun company knows or has reason to know that a dealer or distributor that is selling the guns is doing so irresponsibly and in some cases, illegally, they need to do something about it," Brady Center attorney Jonathan Lowy said Monday. "They can't just continue to blindly supply them, knowing they're going to be arming criminals and just pocket the money and look the other way."


    Yep. Maybe someone should take the DOJ and the other Police agencies involved to task with this? It does seem to fit.

    But we all know "The Authority" will not be held responsible. The laws are for us...not them, it most all ways seems.
     
  10. gehrheart

    gehrheart fidalgo island Well-Known Member

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    Not saying that will make it right, could get lucky with a reasonable judge.. Just saying im sure it will go higher.

    Its not good call, and we will all end up paying more if this is allowed to stay.
     
  11. Father of four

    Father of four Portland, Oregon Well-Known Member

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    So please someone help me the simpleton out.

    Case goes to court.
    Judge rules.
    People disagree with the ruling.
    Case goes to Supreme Court.
    People disagree with ruling.

    What then?

    The People write their representatives to make/change law to what the people want?
    Political parties stonewall each other and the law fails to be enacted?

    Then what?

    Where is the power of the people if they end up having none?

    Wasn't this Country founded by and for The People? Cant we fix it or even destroy Our government and Our constitution and start over if We do not get what we want?

    Is'nt the People supposed to have the final say?
     
  12. dmancornell

    dmancornell Portland, OR New Member

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    The concept of jury nullification was supposed to deal with the robed politicians, but that practice has since been suppressed by state violence.
     
  13. gehrheart

    gehrheart fidalgo island Well-Known Member

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    A judicial system that somehow thinks it has the power to legislate from the bench and a populist that allows it to continue is a huge problem. These Judges are elected, yet how many people put in any thought to the judge they vote for?

    In Washington, Sanders is our friend!
     
  14. gehrheart

    gehrheart fidalgo island Well-Known Member

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    True, however we are starting to see a turn around in this, slowly! but there have been more and more cases of this happening. Last week or so there was a big one in Minnesota? where the farmer was brought to court for selling Whole milk by the state... the Jury nulliefied it!

    Some information on how that works, if only more juries were aware of the rights they have for it---- Fully Informed Jury Association

    However, its not talked about anymore and most think they can only convict or aquite.
     
  15. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Exactly.
     
  16. Dunerunner

    Dunerunner You'll Never Know Well-Known Member

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    This is cool! Now, when you get a DUI....you can sue the alcoholic beverage industry, the farmer who grew the grain, the bartender, the bar you got drunk in, the manufacturer of the container that held the beverage, the manufacturer who built the bar stool, and the contractor who built the friggin bar!! :partyman:
     
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  17. AlphaCoyote

    AlphaCoyote Oh, I get around. New Member

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    Did you read the article? The plaintiffs made a case that the manufacturer knew or should have known that, due to the unusual circumstances here, the guns were being bought for illegal distribution. That's not holding a clean manufacturer guilty for any gun death outside its control. That's saying, "Hey, you might be a participant here." Notice this is a preliminary ruling, not a judgment. The court is just letting the case go forward. If Hi-Point can show at trial that it didn't and shouldn't have known of the illegality of the purchases, it's off scott free.

    It's like the skid row convenience store in my home town that sold dozens of cases of Sterno every week. Why? Because the bums used it for a cheap high, even though it's methyl alcohol and therefore deadly. Selling Sterno isn't illegal, but when you have reason to know it's being used to kill people, that changes the equation. Result: convenience store liable for contributing to a bunch of wino deaths.

    Jamie: You cool with a gun manufacturer knowingly selling guns to agents for gang bangers? Or with a convenience store knowingly selling Sterno to winos?

    P.S. I don't what the Main Stream Media rant was about. The article you used as evidence is from the Wall Street Journal.
     
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  18. Atroxus

    Atroxus Marysville, WA Member

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    Exactly! Reminds of a lawsuit I heard about where I guy put his ladder up in a pile of manure and sued because it slid out from under him and he was injured. >.<
     
  19. rdt

    rdt SW Portland Active Member

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    Yeah my understanding of this case is that HI-point shirked their FFL responsibility do background check the arms dealer. Its about their business *practices*, not their product.
     
  20. Atroxus

    Atroxus Marysville, WA Member

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    I dunno, from what I read it sounds like a case could be made against the gun dealer IF it can be proved that he knew or had reason to believe he was selling to straw purchasers. I am not sure how the manufacturer is supposed to be able to tell that a dealer is selling to straw purchasers though.