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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 |
| By calling attention to a well-regulated militia for the security of the Nation, and the right of each citizen to keep and bear arms, our Founding Fathers recognized the essentially civilian nature of our economy. Although it is extremely unlikely that the fears of governmental tyranny, which gave rise to the second amendment, will ever be a major danger to our Nation, the amendment still remains an important declaration of our basic military-civilian relationships, in which every citizen must be ready to participate in the defense of the country. For that reason I believe the second amendment will always be important. --JOHN F. KENNEDY |
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