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The
Below Comments Relate to this Newslink:
CT: Connecticut News Paper: Sue One Gun Company, Sue Them All
Submitted by:
Mark A. Taff
Website: www.marktaff.com
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Written by managing editor Chris Powell, the JI column shows this is so because “the lawsuit’s theory”—that the AR-15 “has little utility for legitimate civilian purposes”—”could be applied against any gun [manufacturer].”
Powell points out that federal law actually prohibits suing gun manufacturers for the misuse of their products. But he believes this suit may test that law or may be intended to somehow bluff Bushmaster into issuing settlements. If the the law fails or settlements result—or both—the suit against Bushmaster turns into a precedent for suits against other AR-15 manufacturers and, eventually, any gun company whose products have been misused. |
| Comment by:
teebonicus
(1/1/2015)
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“The lawsuit’s theory”—that the AR-15 “has little utility for legitimate civilian purposes" is foreclosed not only by federal statute, but by judicial precedent:
“With obvious purpose to assure the continuation and render possible the effectiveness of such [militia] forces the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.” - UNITED STATES v. MILLER
Translation: The attributes the plaintiffs claim should make these arms off-limits to civilians are precisely those the SCOTUS has ruled as requisite to be within the ambit of the Second Amendment.
If counsel for the respondents doesn't cite this precedent and move for summary dismissal, he isn't earning his money. |
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| QUOTES
TO REMEMBER |
| As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms. — Tench Coxe in `Remarks on the First Part of the Amendments to the Federal Constitution' under the Pseudonym "A Pennsylvanian" in the Philadelphia Federal Gazette, June 18, 1789 at 2 col. 1. |
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