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Lawsuit filed over Newtown murders
Story here. I really can't see it as filed in good faith. Apart from the Lawful Commerce in Firearms Act problem (a massive one), where is the negligence (selling a lawful rifle?), how do they solve proximate causation (intentional criminal misuse of a tool usually breaks the chain of cause), and after that they have to prove facts that aren't true -- that the AR-15 platform is unsuited for sporting use or self-defense. The lawsuit may be good for PR but this is the type of thing that risks a court awarding sanctions to the defendants.
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I hope the defandants counter-sue aggressively and win this frivolous, emotionally stupid waste of the courts/defendant's time and money.
In addition to the legal issues previously mentioned, they also used the argument that the gun is highly destructive since the Army required it to quote penetrate a steel helmet at 200 yards. Thats actually a european requirement of the tungsten core ammunition to penetrate a Kevlar helmet: in other words they are using gun controlist facts, which means they don't know the different from lead core and armor piercing ammo.
I'll also add from my research into the 1792 Militia Act and the war of 1812, it was actually required in the time of the nation's founding for men to own what was viewed as a military arm. Several times in my research I found reference to men being asked or bringing their personal weapons to battles from 1812 to 1815. All documented in my new book. Now they can try and go into an argument that the State has renounced it militia requirements in favor of the NG, but they would have to produce the States active militia code which I am sure still has a common militia definition.
I wonder if they are planning to include the to include the maker of the vehicle in which Lanza carried his (dead mother's)guns to the school?
The court should find these losers in contempt for a frivilous lawsuit and wasting the courts time.
I went to school in Sandy Hook in the 50s worked in a gun store in Sandy Hook in the 1970s I feel these parents losses. They look for answers or solution to stop this from happening again! The problem is after the crime you can see the gun saysBushmasterI have two myself.What you don't see are the drugs the wack job kid was prescribed they go unnoticed! Then theirs the blood sucking lawyers who are just in it for their 1/3 plus expenses .They know the case is BS since the company Bushmaster the original one doesn't exist anymore they closed and were sold to en.wikipedia.org/wiki/Remington_Arms
Remington Arms is part of the Freedom Group, which is owned by Cerberus Capital Management .In my opinion the parents should be taking the boys died mothers estate the drug company's and the doctors and Psychologists to trial
That's where the the most money lays and that could have positive results in preventing this kind of thing from happening again! Just my 2 cents worth of wisdom
This isn't really news at all. We have known for months that this was headed down the pipeline and for that exact same amount of time, we've known that it would get thrown out as soon as it makes it's way to a judge's bench.
There's no way you can successfully sue someone for legal practices while there is a law in place shielding them from lawsuits for legal practices.
My guess, either it gets thrown out within the first 10 seconds, or the judge gets slapped down (both figuratively and literally) by every other court around.