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Supreme Court won't revive gun lawsuit over Cook Co. [IL] shooting
The Chicago Suntimes ^ | December 14, 2009 | ASSOCIATED PRESS

Posted on 12/14/2009 8:13:03 PM PST by lex33

WASHINGTON — The Supreme Court has turned away a new challenge to a 2005 law that gives gun manufacturers immunity from lawsuits by shooting victims.

The justices on Monday refused to hear an appeal from Hector Adames Jr. to revive his lawsuit against the Beretta U.S.A. Corp. over the accidental shooting death of his 13-year-old son.

The justices on Monday refused to hear an appeal from Hector Adames Jr. to revive his lawsuit against the Beretta U.S.A. Corp. over the accidental shooting death of his 13-year-old son.

The Illinois Supreme Court threw out the lawsuit, citing the federal 2005 Protection of Lawful Commerce in Arms Act.

» Click to enlarge image

Joshua Adames

The Illinois Supreme Court threw out the lawsuit, citing the federal 2005 Protection of Lawful Commerce in Arms Act.

Adames’ son, Josh, was shot and killed by 13-year-old Billy Swan, who found his father’s Beretta and removed the magazine containing the ammunition. He pointed the gun at Josh and pulled the trigger, not knowing that a bullet remained in the chamber.

Swan's father, David Sawn, was a Cook County sheriff's department correctional officer at the time.

Adames sued Beretta, saying the gun did not have the proper warnings or a safety mechanism that stops the gun from being fired without the magazine in place.

The case is Adames v. Beretta, 09-253.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: banglist

1 posted on 12/14/2009 8:13:03 PM PST by lex33
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To: lex33

Doesn’t the 92 have a chamber loaded indicator?


2 posted on 12/14/2009 8:17:17 PM PST by USNBandit (sarcasm engaged at all times)
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To: lex33
"Adames sued Beretta, saying the gun did not have the proper warnings or a safety mechanism that stops the gun from being fired without the magazine in place."

That's insane! I wonder how much money Beretta had to waste in defending this frivolous lawsuit.

3 posted on 12/14/2009 8:18:00 PM PST by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: USNBandit
"Doesn’t the 92 have a chamber loaded indicator?"

Yes it does.

4 posted on 12/14/2009 8:18:50 PM PST by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: lex33
He pointed the gun at Josh and pulled the trigger, not knowing that a bullet remained in the chamber.

Idiot. It is too bad his son had to pay for his stupidity. He ought to have been charged with manslaughter. On the plus side, maybe this is his only child and he won't reproduce any more.

5 posted on 12/14/2009 8:19:13 PM PST by Blood of Tyrants (The Second Amendment. Don't MAKE me use it.)
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To: lex33

Mr. Adames, if he must sue, should have been suing David Swan for leaving a loaded firearm, with a round in the chamber, within reach of a child.


6 posted on 12/14/2009 8:26:32 PM PST by Greysard
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To: Greysard
David Sawn, was a Cook County sheriff's department correctional officer at the time.
7 posted on 12/14/2009 8:59:54 PM PST by TYVets (Let's Roll!!! The leadership of the GOP has no spine and no guts, but we conservatives do)
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To: TYVets
David Sawn, was a Cook County sheriff's department correctional officer at the time.

I didn't know that LEOs there are above the law.

8 posted on 12/14/2009 9:16:29 PM PST by Greysard
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To: lex33

Rule number one...every gun is always loaded.


9 posted on 12/14/2009 9:43:53 PM PST by AlaskaErik (I served and protected my country for 31 years. Democrats spent that time trying to destroy it.)
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To: AlaskaErik

Exactly.


10 posted on 12/14/2009 9:48:23 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: AlaskaErik

As Grandpa use to say “Keep all the guns in the house loaded cause them unloaded ones keep killing people.”


11 posted on 12/14/2009 10:34:40 PM PST by the_daug
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To: the_daug

I have a two story home. Each floor has an emergency 12 gauge “fire extinguisher” fully loaded.


12 posted on 12/14/2009 10:40:56 PM PST by Candor7 ((The effective weapons Against Fascism are ridicule, derision , and truth (.Member NRA))
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To: Candor7

I keep our EBRs (does an AK clone qualify?) with an empty chamber and a full 30 round mag.

No kids, though, and I still have the carry weapon, which IS fully loaded, on my hip, with a couple of dogs to make things more interesting...

Add in the attack cats, and a disputed entry to my home could be, I hope, costly.


13 posted on 12/15/2009 1:32:59 AM PST by benewton (Life sucks, then you die)
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To: USNBandit
Doesn’t the 92 have a chamber loaded indicator?

I think that's because of this case.

14 posted on 12/15/2009 3:15:28 AM PST by mvpel (Michael Pelletier)
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To: benewton
I keep my home defense weapon under my bed, unloaded, and with the mag barely inserted. In the case of home invasion, I must engage the mag AND rack the slide.

I take these extra precaution because my cats are idiots, and have proven time and again that they are not to be trusted.

15 posted on 12/15/2009 6:20:20 AM PST by I Buried My Guns ( B.L.OA.T. : Buy Lots Of Ammo Today)
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To: benewton

All these socialists in the fed system think the rest if the nation in rural areas will go along with thier fascist policies.

Ain’t gonna happen. Fortress America is now set. The Obama Junta is reforming an empty basket, and when they try force, it will get ugly.

I hope to God they leave us alone up here on the mountains of Vermont.


16 posted on 12/15/2009 4:02:14 PM PST by Candor7 ((The effective weapons Against Fascism are ridicule, derision , and truth (.Member NRA))
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