Gun Lawsuit

[Bolt Action]

https://13wham.com/news/local/city-of-rochester-suing-gun-manufacturers

Rochester (and apparently Buffalo) are filing lawsuits against the big gun companies. The cities can't stop the rampant violence in the streets, so they're taking it out on the gun manufacturers. 

The suit aims to hold them responsible for "the illegal and unreasonable sale, manufacture, distribution, importing, and marketing of firearms."

The city said gun violence has surged in Rochester and across the country the last two years, citing "economic stress linked to the COVID-19 pandemic, national civil unrest, and the increased availability of illegal firearms."

This is sad, frustrating, and a little bit scary. But it also got the creative juices flowing. I wonder if we could counter sue claiming that these frivolous lawsuits have potential to infringe on our 2A rights? If these go through, and huge dollar settlements are awarded, and as a result these companies either close up shop, or stop operating in NY, how do law abiding NYer's exercise their 2A rights?

I think I'm going to file a class action suit against the auto industry. Anyone who has lost a loved one in an auto accident can participate. 

Rant over. Good morning!

[Skillet]

This is all part of the plan to tax, sue, permit, and regulate the second amendment out of existence.

[DoubleDose]

BA I saw this in the news and the details are/were vague.  First, there is a federal law protecting manufacturers from liability unless there was/is a defect in their product or contributory illegal activity.  This law came to be because of firearms lawsuits but other manufacturers also appreciated the scope of this injustice.   Second, this could be political grandstanding knowing the suit will be thrown out by the courts.   A waste of taxpayer money and time. Second, it could be a money grab hoping manufacturers will settle (rather than litigate) without claiming guilt or responsibility.  Third, it could be an overzealous real lawsuit.  In any event, regardless who is named in the  litigation, I believe all the manufacturers and pro-2A organization should band together once and for all and litigate this to an end, seeking punitive damages!  Hopefully, bankrupting these municipalities and sending a message to all others, that 2A (a RIGHT) will not be sold out!  Further, perhaps it will educate the populace not to vote for these idiots.

Edited December 21, 2022 by DoubleDose

[Moog5050]

Unless there is proof of illegal sales by these companies, which I doubt, I don’t see this going anywhere.  But the politicians believe it’s good press and a good way to point the finger elsewhere for their inability to stop the violence.  

[Moho81]

The lawsuit makes zero sense. Of course the people that support it and the Democrats either don’t understand that or just don’t care. 
 

What a waste of time, effort and money. 

[Ogee]

The CT suit against Remington got around the Federal liability protections by suing under state consumer law. Pretty effective too, Remington settled. Pretty good read here about that strategy.

https://news.bloomberglaw.com/us-law-week/after-sandy-hook-settlement-here-are-other-cases-to-watch

Edited December 21, 2022 by Ogee

[Bucksnbows]

1 hour ago, Ogee said:

The CT suit against Remington got around the Federal liability protections by suing under state consumer law. Pretty effective too, Remington settled. Pretty good read here about that strategy.

https://news.bloomberglaw.com/us-law-week/after-sandy-hook-settlement-here-are-other-cases-to-watch

I was going to post something similar. Remington got split up in large part because of that successful suit. 

[blackbeltbill]

The More Illegals we have Flooding across an Open Border in an invasion- the More Crime we will have in many Citys as well as Rural areas as they get Bused and Flown everywhere.

[DoubleDose]

3 hours ago, Ogee said:

The CT suit against Remington got around the Federal liability protections by suing under state consumer law. Pretty effective too, Remington settled. Pretty good read here about that strategy.

https://news.bloomberglaw.com/us-law-week/after-sandy-hook-settlement-here-are-other-cases-to-watch

Some important nuances, Remington chose to settle, this did not go to trial.  Secondly, this was about violating state advertising (sales/marketing) laws.  

Suing manufacturers solely because their product is used in or to commit crimes, is nonesene.   It is an inanimate object.  Cars (rather than guns) are a good litmus test for these laws.  Car used as a weapon to run into a crowd, car used in a drive-by shooting, car used to flee a robbery or homicide.  The car manufacturer did not contribute to these.   However, if the car manufacturer is advertising the advantages/benefits of their car for these purposes then they are probably violating some state advertising/sales/marketing law(s).