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Link Posted: 4/15/2016 12:53:50 PM EDT
[#1]
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Quoted:
I'm a dumb person but here is my logic

The gun, Bushmaster XM15 semi-auto rifle, is legal to manufacture, market, sale, buy, own, and use for lawful purposes like self-defense.  The gun was legally purchase by the monster mother in 2010.  The monster murdered his mother and stole her guns to use for unlawfully murders.  So by no way is the FFL, distributor, and/or Bushmaster/Remington liable.  

Any smart persons here want to poke holes in my dumb logic?
View Quote

its about money, not logic
Link Posted: 4/15/2016 1:22:02 PM EDT
[#2]
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Help me out here, I see it as the judge is allowing it to continue because plcaa resricts plaintiffs from being able to file a case. She is allowing it to continue because she decided the plcaa does not limit her courts jurisdiction to hear the case, and is twisting this up in some odd Connecticut precedent involving the difference between the motion to strike and a motion to dismiss.

I see it as she is attempting to blow right past plcaa and continue with the case.
Link Posted: 4/15/2016 1:25:16 PM EDT
[#3]
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Quoted:
I'm a dumb person but here is my logic

The gun, Bushmaster XM15 semi-auto rifle, is legal to manufacture, market, sale, buy, own, and use for lawful purposes like self-defense.  The gun was legally purchase by the monster mother in 2010.  The monster murdered his mother and stole her guns to use for unlawfully murders.  So by no way is the FFL, distributor, and/or Bushmaster/Remington liable.  

Any smart persons here want to poke holes in my dumb logic?
View Quote

Its about the 'feels' not the logic.

The anti's know full well the manufacturer is covered by the law in this instance. Know full well the gun was legally manufactured, legally marketed, legally sold to a customer per fed/state law, that the person who legally purchased the gun was murdered and the gun stolen from them and used to murder 26 others. They 'feel' the gun (any gun to them) shouldn't have been sold to a peasant in the first place. So they file lawsuits like this hoping they'll find a sympathetic judge (of which there are many in liberal states) to rule in their favor in spite of the federal law specifically prohibiting cases such as this. They hope to bankrupt firearm businesses through these kinds of lawsuits. When Brady looses they will slink out the back door, leaving it to the plaintiffs to pay the defendants court costs.
Link Posted: 4/15/2016 1:26:01 PM EDT
[#4]
Like she is allowing that the plaintiffs had no right to file, but her court has jurisdiction to hear the case. So somehow the case got filed, and should not have been because of the plcaa, but "poof" here it magically is, and we will now hear the case because congress only meant to stop these cases from being filed, not to stop them from proceeding if they have been filed.
Link Posted: 4/15/2016 1:26:43 PM EDT
[#5]
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Quoted:

its about money, not logic
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I'm a dumb person but here is my logic

The gun, Bushmaster XM15 semi-auto rifle, is legal to manufacture, market, sale, buy, own, and use for lawful purposes like self-defense.  The gun was legally purchase by the monster mother in 2010.  The monster murdered his mother and stole her guns to use for unlawfully murders.  So by no way is the FFL, distributor, and/or Bushmaster/Remington liable.  

Any smart persons here want to poke holes in my dumb logic?

its about money, not logic


It's not even about money.  It's about control and destroying the gun industry.
Link Posted: 4/15/2016 1:28:25 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Its about the 'feels' not the logic.

The anti's know full well the manufacturer is covered by the law in this instance. Know full well the gun was legally manufactured, legally marketed, legally sold to a customer per fed/state law, that the person who legally purchased the gun was murdered and the gun stolen from them and used to murder 26 others. They 'feel' the gun (any gun to them) shouldn't have been sold to a peasant in the first place. So they file lawsuits like this hoping they'll find a sympathetic judge (of which there are many in liberal states) to rule in their favor in spite of the federal law specifically prohibiting cases such as this. They hope to bankrupt firearm businesses through these kinds of lawsuits. When Brady looses they will slink out the back door, leaving it to the plaintiffs to pay the defendants court costs.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I'm a dumb person but here is my logic

The gun, Bushmaster XM15 semi-auto rifle, is legal to manufacture, market, sale, buy, own, and use for lawful purposes like self-defense.  The gun was legally purchase by the monster mother in 2010.  The monster murdered his mother and stole her guns to use for unlawfully murders.  So by no way is the FFL, distributor, and/or Bushmaster/Remington liable.  

Any smart persons here want to poke holes in my dumb logic?

Its about the 'feels' not the logic.

The anti's know full well the manufacturer is covered by the law in this instance. Know full well the gun was legally manufactured, legally marketed, legally sold to a customer per fed/state law, that the person who legally purchased the gun was murdered and the gun stolen from them and used to murder 26 others. They 'feel' the gun (any gun to them) shouldn't have been sold to a peasant in the first place. So they file lawsuits like this hoping they'll find a sympathetic judge (of which there are many in liberal states) to rule in their favor in spite of the federal law specifically prohibiting cases such as this. They hope to bankrupt firearm businesses through these kinds of lawsuits. When Brady looses they will slink out the back door, leaving it to the plaintiffs to pay the defendants court costs.


A main tenet of their case is that the defendant knew/knows that civilians are not capable of owning/operating the gun because it is so dangerous and sold it anyway
Link Posted: 4/15/2016 1:28:30 PM EDT
[#7]
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Quoted:

Help me out here, I see it as the judge is allowing it to continue because plcaa resricts plaintiffs from being able to file a case. She is allowing it to continue because she decided the plcaa does not limit her courts jurisdiction to hear the case, and is twisting this up in some odd Connecticut precedent involving the difference between the motion to strike and a motion to dismiss.

I see it as she is attempting to blow right past plcaa and continue with the case.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:

Help me out here, I see it as the judge is allowing it to continue because plcaa resricts plaintiffs from being able to file a case. She is allowing it to continue because she decided the plcaa does not limit her courts jurisdiction to hear the case, and is twisting this up in some odd Connecticut precedent involving the difference between the motion to strike and a motion to dismiss.

I see it as she is attempting to blow right past plcaa and continue with the case.

Someone else sort of explains its one page back: http://www.ar15.com/forums/t_1_5/1858382_Breaking__Judge_Denies_Gunmaker_s_Motion_To_Dismiss_Sandy_Hook_Lawsuit.html&page=4#i59321377
Link Posted: 4/15/2016 1:30:23 PM EDT
[#8]

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Quoted:





its about money, not logic
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Quoted:



Quoted:

I'm a dumb person but here is my logic



The gun, Bushmaster XM15 semi-auto rifle, is legal to manufacture, market, sale, buy, own, and use for lawful purposes like self-defense.  The gun was legally purchase by the monster mother in 2010.  The monster murdered his mother and stole her guns to use for unlawfully murders.  So by no way is the FFL, distributor, and/or Bushmaster/Remington liable.  



Any smart persons here want to poke holes in my dumb logic?


its about money, not logic
Yup.  Doesn't matter if BM loses the case: they'll go broke winning.  This time, or the next time, or the next time, an so on.  This sort of thing could potentially bleed the gun industry dry.



Using the courts as a economic weapon when you don't have judicial or legislative support; how American.    



 
Link Posted: 4/15/2016 2:50:47 PM EDT
[#9]
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Quoted:
A main tenet of their case is they feel that the defendant knew/knows that civilians are not capable of owning/operating the gun because it is so dangerous and sold it anyway
View Quote

Fixed it for you. The plaintiffs whole case hinges on their feels. They feel that the gun was dangerous, they feel the defendant should have known it was dangerous,they feel that the peasants are not capable of owning/operating such a dangerous gun, so the feel the defendant should pay for selling what they feel is a dangerous gun to the peasants. Stupid. Hopefully the case will get tossed and the Brady lawyers forced to pay.
Link Posted: 4/15/2016 3:09:40 PM EDT
[#10]
They should be covering all lawyer fees for Bushmaster and paying for the courts time when it's all said and done. My tax dollars shouldn't cover a single red cent

Posted Via AR15.Com Mobile
Link Posted: 4/15/2016 3:42:01 PM EDT
[#11]
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Quoted:


It's not even about money.  It's about control and destroying the gun industry.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
I'm a dumb person but here is my logic

The gun, Bushmaster XM15 semi-auto rifle, is legal to manufacture, market, sale, buy, own, and use for lawful purposes like self-defense.  The gun was legally purchase by the monster mother in 2010.  The monster murdered his mother and stole her guns to use for unlawfully murders.  So by no way is the FFL, distributor, and/or Bushmaster/Remington liable.  

Any smart persons here want to poke holes in my dumb logic?

its about money, not logic


It's not even about money.  It's about control and destroying the gun industry.

i meant about the victims family's
Link Posted: 4/16/2016 6:05:34 AM EDT
[#12]
Are they supposed to be back at court on April 19 next Tuesday?
Link Posted: 4/16/2016 8:23:24 AM EDT
[#13]
Link Posted: 4/17/2016 10:56:14 PM EDT
[#14]
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Quoted:
I read the judge's opinion last night. There's no reason to get worked up (yet). I'll try to summarize it.

Some of the Sandy Hook parents sued Bushmaster (and a bunch of other companies) in Connecticut state court. Bushmaster tried to get the lawsuit moved to federal court, claiming the state court did not have jurisdiction. Bushmaster lost that. The federal court sent the case back to state court.

The Protection of Lawful Commerce in Arms Act is a federal law that mostly makes gun manufacturers immune from products liability lawsuits. However, the PLCAA lists several circumstances where gun manufacturers can still be sued. The Sandy Hook parents crafted their lawsuit to try to fit within two of these exceptions.

In most courts, a defendant can move to dismiss for every reason it has all in one motion. In Connecticut state courts, the defendant has to attack jurisdiction first and by itself. Other defenses, like immunity from suit under the PLCAA, have to be brought up later.

The motion we're talking about here dealt only with whether the Connecticut state court had jurisdiction. Bushmaster used the PLCAA to argue that the Connecticut state court did not have jurisdiction to hear the lawsuit. This was a longshot legal argument. There are strategic reasons why Bushmaster made it, but I doubt Bushmaster ever expected to win it. All the judge ruled is that the PLCAA did not deprive the Connecticut state court of jurisdiction to decide whether the lawsuit fit within either of the two exceptions to the PLCAA that the Sandy Hook parents sued under.

If you think about it this makes sense. The PLCAA specifically allows lawsuits against gun manufacturers in a few, narrow situations. Since some lawsuits are allowed, there has to be a court that can hear them. The federal court already decided it could not hear the lawsuit and already sent it back to the Connecticut state court where the lawsuit started. With that already happening, there was very little chance the state court judge was going to say it didn't have jurisdiction to decide whether the lawsuit fit within one of the exceptions to the PLCAA.
View Quote


If I'm reading between the lines of your analysis properly, this could set up an "incorporation" of PLCAA in CT state court and set precedent to have any future similar cases tossed sooner?  As in, fed court shunts back to state on jurisdiction, state then finds the suit is in violation of PLCAA, state tosses suit as frivolous on that basis, and now any other state courts are bound to consider PLCAA first by precedent?  Not sure I'm wording this correctly...

Just boondoggling a little here...
Link Posted: 4/17/2016 11:14:23 PM EDT
[#15]
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Quoted:

i meant about the victims family's
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Quoted:
Quoted:
Quoted:
Quoted:
I'm a dumb person but here is my logic

The gun, Bushmaster XM15 semi-auto rifle, is legal to manufacture, market, sale, buy, own, and use for lawful purposes like self-defense.  The gun was legally purchase by the monster mother in 2010.  The monster murdered his mother and stole her guns to use for unlawfully murders.  So by no way is the FFL, distributor, and/or Bushmaster/Remington liable.  

Any smart persons here want to poke holes in my dumb logic?

its about money, not logic


It's not even about money.  It's about control and destroying the gun industry.

i meant about the victims family's


It's not about the victim's families.  it's about destroying the gun industry.   Every time somebody in this country does something stupid with a gun they start the same bullshit.   It's not about punishing the guilty, or helping the families of the the people killed.  It's about destroying the gun industry and the gun culture.  They hate us and want us gone.
Link Posted: 4/17/2016 11:35:09 PM EDT
[#16]
Will this make my Bushmaster Rifles worth more than the others?
(Trying to use liberal logic)
Hessian-1

I know, I'm going to hell.
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