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  • Frivolous suit brought against Aurora shooter's ammo seller smacked down

    http://www.huffingtonpost.com/lonnie...b_8197804.html


    We Lost Our Daughter to a Mass Shooter and Now Owe $203,000 to His Ammo Dealer

    We have been getting a lot of questions about our lawsuit against Lucky Gunner, the online company that sold ammunition to the man who murdered our daughter Jessica along with 11 others in an Aurora, Colorado, theater. Especially after the Rachel Maddow Show covered us twice, people ask us about the judge's order that we pay Lucky Gunner's attorneys' fees, since our lawsuit was unsuccessful.

    We brought our lawsuit because we thought it was outrageous that companies could sell a dangerous man an arsenal without getting any information about him, and without making any effort to see if he was a dangerous killer -- which he was. When the killer had left a voicemail with a shooting range, the range operator knew that he was bad news and shouldn't be given access to guns. But these companies set up their business so people just like this killer can arm themselves at the click of a mouse. We wanted to change that. And we still do.

    Attorneys at Arnold and Porter and the Brady Center to Prevent Gun Violence brought the lawsuit for us, pro bono. We knew the risks of bringing the case. We knew that Colorado and Congress have given special protection of the gun industry, and we knew that under Colorado law we could even be ordered to pay attorneys' fees because of those special protections.

    But we thought it was important to take a stand, to fight to prevent other families from suffering as we have. We did not seek any money in our case. We just wanted injunctive relief -- to have these companies act reasonably when they sold dangerous materiel, like 100-round ammunition magazines, ammunition, body armor, and tear gas.

    The judge dismissed our case because, he said, these online sellers had special immunity from the general duty to use reasonable care under the federal Protection of Lawful Commerce in Arms Act and a Colorado immunity law. If you couple the PLCAA law with Colorado's law HB 000-208, (which says in essence: If you bring a civil case against a gun or ammunition seller and the case is dismissed then the plaintiff must pay all the defendant's costs), you have an impenetrable barrier to using the judicial system to effect change in gun legislation in Colorado.

    Everyone else in society has a duty to use reasonable care to not injure others -- except gun and ammunition sellers.

    To make matters worse, the judge ordered that we pay $203,000. This is an outrageous amount, especially given that this case was decided after one single motion! Lucky Gunner has said that it is going to donate all these fees to "gun rights" groups. The thought is disgusting to us that Lucky Gunner does not even plan to use this money to pay for their attorney's fees.

    Lucky Gunner wants to use blood money to fund the NRA and like-minded groups. See for yourself. Check out Lucky Gunner's self-serving description of our case then click on "Head Here" (the green words at the end of Lucky Gunner's last sentence) to find out how the money is to be distributed.

    The law says we are responsible for these fees, which we recognize. We do not have the money to pay this amount. The Judge insinuated in his order that Brady should pay since he said they were the instigators. If this was a ploy designed to give the appearance that Brady was responsible and turn us against each other, it did not work.

    Brady is still fighting for us pro bono and we see no evidence that the Brady Campaign to Prevent Gun Violence will not help us raise funds if and when that time comes.

    We believe that the judge's decision was wrong, and that it is unconstitutional to financially punish people for bringing a lawsuit, especially a public interest case that did not seek a dime. But rather than risk possibly being ordered to pay even more fees, we are changing our focus from going after these laws in the judicial branch (we have dropped our appeal) to getting them overturned on the legislative level.

    We have brought attorney Dan Wartell with the law firm Jones & Keller into our team who is also helping us.

    We hope that we are spearheading a movement to expose these egregious and unconstitutional laws for what they really are. They are an attack on our civil liberties. With these laws in place ordinary citizens are effectively barred by the exorbitant cost from bringing any civil action against sellers of firearms and ammunition.

    It is un-American and outrageous that these special laws can deny us our day in court simply because we were victimized by the gun industry. Our lawsuit was not frivolous. Our Jessi was shot multiple times with high-velocity, armor-piercing bullets that were designed by our military to inflict maximum damage on enemy combatants.

    One of the six, steel-jacketed bullets that killed her slammed through a theater seat, entered her left eye and left a five-inch hole in her face as it blew her brains out on to the theater floor. The other five specially designed bullets tumbled when they tore through her flesh and did devastating damage to both legs, arms and intestines.

    Those bullets were six of 4,000 that Lucky Gunner sold to a mass murderer in one sale without even checking his driver's license.

    Why is there a law that says you cannot sue an ammunitions dealer that allowed 4,000 rounds of armor-piercing bullets into the wrong hands?

    How else are we as citizens going to get them to stop doing that?

    No other industry has this immunity.

    The horrific and public execution of our daughter Jessi and 11 other beautiful young lives has given us a brief window of opportunity to bring awareness to the number one public health crisis facing this nation today which is rampant gun violence. It is unfathomable to me that the billion dollar gun lobby can intimidate our Congress and some state legislatures into passing laws that give the gun industry immunity against irresponsible acts that enables them to arm, and profit from, domestic terrorists, and other killers.

    It is abhorrent to us as the parents of a child who has been killed by a person with outwardly obvious mental issues who was able to easily access a one hundred round magazine and 4,000 rounds of armor-piercing bullets online without a valid ID.

    Who is our last line of defense that makes that conscious decision to not ask for ID before selling large orders of lethal, military-grade armament? Online sellers, knowing they are shielded by immunity laws, refuse to put into place even minimal safeguards that would save lives. That is abhorrent to us.

    One of the ways that we can level the playing field is to create precedents in our court rooms that make gun and ammunition dealers pay a price for conduct that contributes to gun violence. Another way is to lobby our state and federal legislators to repeal these laws. That is our objective.

    We are calling on the citizens of this country and the gun violence prevention community to stand ready to help us get in the face of state and national legislators. Join us in helping to get the word out to the American citizens who are not aware of how these laws take away the rights of victims of gun violence.

    You owe $203k for taking the activist\opportunist attorney's bait...

  • #2
    So now anyone selling anything needs to conduct a background check... And HOW, fucstick, are they going to do that. And he wasn't a mass murderer BEFORE the act, you stupid ****.
    Now go home and get your shine box!

    Comment


    • #3
      It's always blame someone/something else with progressives. Never blame the person committing the crime.
      Train for tomorrow, for you never know what it will bring to the fight.
      In the school of Policing, there is no graduation day.

      Arguing on the internet, is like wrestling with a pig in mud. After a while you realize that while you are getting dirty, the pig is actually enjoying it.
      Do Not Disturb sign should read, Already Disturbed Proceed With Caution.
      Even if the voices aren't real, They have some really good ideas.

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      • #4
        The dealer should have been charged for participating in the massacre.

        Just like bakers participate in weddings...
        This Space For Rent

        Comment


        • #5
          No. Hollywood should be sued for producing and distributing movies that cause the collection of victims at a time and place, so that mass murderes can kill them easier. I think that would be a career RICO case...
          Now go home and get your shine box!

          Comment


          • #6
            Originally posted by bpd303 View Post
            It's always blame someone/something else with progressives. Never blame the person committing the crime.
            Bingo.

            Comment


            • #7
              So I read some of the comments.......... My head really hurts right now.

              Comment


              • #8
                Good luck getting Brady to pay anything. They thought they would get something out of it for themselves "legal fees". Funny how that blew up on them.
                "Life is not about how hard you can hit, it's about how hard you can get hit and keep moving foward"- Rocky Balboa

                Black Labs Matter!

                Comment


                • #9
                  I agree it's absolutely ridiculous to hold responsible the sellers of ammo, but this looks like a lot more about stunned, anguished parents desperate for something to explain the utterly senseless carnage.
                  And get whatever shallow, temporary feeling they can cling to that their daughter's ugly death has meaning or somehow effected some positive change.
                  "Every day should include a perfectly grilled thick steak, freshly roasted coffee and seats on the 50-yardline.

                  Oh, and bacon. It should start with bacon."
                  ------- Me

                  ~~~~

                  Agent and manager of the world's only authentic lucky football kitty. Don't believe me?
                  Just look at the Seattle Seahawks 1976-2010, compared to 2011-present. (and yes, I've been a fan that long)

                  Comment


                  • #10
                    Originally posted by Pogue Mahone View Post
                    The dealer should have been charged for participating in the massacre.

                    Just like bakers participate in weddings...
                    Sometimes you're such a knucklehead. For your analogy to work, the baker would have to have had no idea what he/she was baking a cake for. Conversely, the dealer would have had to know, in advance, exactly what the ammo was going to be used for.

                    Kind of an epic fail on this one.
                    At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul.

                    Comment


                    • #11
                      Originally posted by JustAnotherITguy View Post
                      Sometimes you're such a knucklehead. For your analogy to work, the baker would have to have had no idea what he/she was baking a cake for. Conversely, the dealer would have had to know, in advance, exactly what the ammo was going to be used for.

                      Kind of an epic fail on this one.
                      I'm 87.5% sure that he was aiming for sarcasm.

                      Comment


                      • #12
                        Originally posted by Carbonfiberfoot View Post
                        I'm 87.5% sure that he was aiming for sarcasm.
                        Sarcasm on the outside for sure; I didn't miss that.
                        At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul.

                        Comment


                        • #13
                          I wasn't aware that the military was using "steel-jacketed" ammo. Must raise he** on the rifling in the barrels. If this is the kind of BS the "Brady bunch" is presenting, it's not much wonder they lost. Look, I'm terribly sorry they lost their daughter to that murderer, James Holmes but they never even mention his name.....just the company that sold him the ammo.....really? They didn't murder their daughter! Holmes did! What about the millions of rounds sold that haven't been used in massacres? These sleazy Brady lawyers took the case pro-bono knowing that they had nothing to loss but some time. If they win, big pay day.....lose, client pays the bill....either way they get some publicity......win, win.

                          Solution: Ask each buyer if they will use the ammo for other then 'peaceful' purposes. If they respond affirmatively, no sale. This should end all criminal firearm activity!

                          Comment


                          • #14
                            You went fishing for deep pockets and got stung. The law worked for once.

                            Comment


                            • #15
                              Originally posted by Loren Pechtel View Post
                              You went fishing for deep pockets and got stung. The law worked for once.
                              According to the article posted they didn't ask for a dime, just injunctive relief.
                              "Every day should include a perfectly grilled thick steak, freshly roasted coffee and seats on the 50-yardline.

                              Oh, and bacon. It should start with bacon."
                              ------- Me

                              ~~~~

                              Agent and manager of the world's only authentic lucky football kitty. Don't believe me?
                              Just look at the Seattle Seahawks 1976-2010, compared to 2011-present. (and yes, I've been a fan that long)

                              Comment

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