Sunday, March 29, 2015

Brady Frivolous Lawsuit Fail

Another one of their lawsuits designed to harass firearm companies has failed and they're going to have to pay legal and court fees in response.  Their argument was that an online retailer should know the mental state of their customer.  They don't say how, just that they 'should'. Here's the real part though:

the Defendant’s knowledge of the risks posed by their products in the wrong hands and (v) common sense, lead to the undeniable conclusion that the Defendants knew, should have known, or knew that it was substantially certain that selling Holmes dangerous materiel would create a foreseeable risk of death or injury.
 “Defendants should have known that the accused killer posed a risk with guns, thousands of roundsof ammunition, a 100-round drum, body armor, and tear gas, as would have been evident in a traditional sales transaction involving human interaction”
So iow, bulk ammo dealers should assume that anyone buying ammo in bulk is going to go on a shooting spree and that retailers should have a detailed list of everything their customer owns.  That's their argument. This is the real mental statel of 'gun control', to assume that firearm owners are just ticking time bombs waiting to have enough stuff to go around killing people. 

And they wonder why the PLCAA was passed.  Every lawsuit the Brady's file should end this way until THEY are the ones bankrupted.   So far no mention of this on their FB page.

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1 comment:

legaleagle_45 said...

From the opinion...:

"The Alaska Supreme Court rejected the argument unequivocally, stating that the
plaintiff’s construction of the PLCAA ““seeks to elevate the preamble over the
substantive portion of the statute, giving effect to one word in the preamble at the
expense of making the enumerated exceptions meaningless.” Id. at 387. The court
noted that a statutory preamble “can neither restrain nor extend the meaning of an
unambiguous statute; nor can it be used to create doubt or uncertainty which does not
otherwise exist.”

Well I'll be a well regulated militia!!! That has got to be doubly painful for the 2nd Amend deniers at Brady.