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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 |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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