Posted on 08/09/2018 8:49:09 AM PDT by Simon Green
The national gun control group is backing a lawsuit against the big box retailer over the sale of a replica muzzleloader to a felon who later used it to kill an Ohio man. The Brady Campaign, representing the family of slain 21-year-old Bryan Galliher, filed the action against Cabela’s in the Common Pleas Court of Wayne County on Tuesday.
The group is seeking damages from the sporting goods chain owned by Bass Pro, arguing that store employees should have known they were violating state law against selling guns to a prohibited firearm possessor when they sold a replica 1858 Army .44-caliber black powder revolver to Paul Claren, a man with a lengthy criminal history, over the phone in 2014 followed by a reloading kit in July 2016.
While federal law does not classify antiques and black powder replicas as firearms, Ohio, like several other states, does not make such a distinction in their local laws when it comes to possession of one by a felon. This, argues Brady in court documents, makes Cabela’s “vicariously liable” in wrongful death after Claren used the revolver to fatally shoot Galliher in August 2016.
After a criminal trial that involved a failed bid at a justifiable homicide defense, Claren, 69, has been imprisoned at the state’s Richland Correctional Institution since last August on a life sentence for aggravated murder and having weapons while under disability. Claren had a criminal history that dated as far back as 1991 to include aggravated assault, menacing by stalking, and felonious assault, The Daily Record reported.
“We don’t want to see any other family endure such an avoidable tragedy,” said Brady attorney Sean Alto in a statement from the group. “Had better policies and procedures been in place, Bryan’s death could have been prevented.”
The lawsuit seeks punitive damages against both Claren and Cabela’s as well as the chain’s owner, Bass Pro. Brady, with a long history of legal action against gun retailers with mixed results, is currently engaged in another lawsuit against the chain over the sale of a pistol that was later traded by a felon and used in a shooting that killed a Delaware woman.
Crap lawsuit by ambulance chasers.
“vicariously liable”? WTF?
I don’t see where they have authority to sue.
If Californians can’t sue because the government wouldn’t defend prop 8 because they (somehow) weren’t directly involved the how is the Brady political campaign allowed to sue?
Black powder Guns are not regulated under any national firearms law except to say that they’re not regulated. Some state laws may regulate
You want to change the law, Brady @$$wipes? Go ahead and try. There are procedures to do that.
replica 1858 Army .44-caliber black powder revolver
= = =
An assault pistol of the day.
Also - why isn’t Brady suing the city government of Chicago for not protecting its citizens by cracking down on crime leading to gun deaths?
Y’know wanting to stop tragedies and all...
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It was a legal sale. There is no basis for any tort.
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Attempt a lottery winnings.
I apply the “hammer test” to these cases. Substitute the word hammer for any reference to a firearm. If you do that to this case, you will see that:
It was a legal sale
The murder was carried out without the store’s knowledge
There is no background check required for “hammers”
There is no means by which the store would have known that the firearm would be used in a crime.
“It was a legal sale. There is no basis for any tort.”
Ohio law forbids the sale of black powder firearms to felons.
Black powder firearms are treated the same as modern firearms under Ohio law.
Yeah, where do they have standing to sue?
The store has no duty to do a criminal background check unless required by law, which does not seem to be the case here. You have to able to establish a “duty” and “breach of that duty” to make a negligence action. Under the theory being asserted here any store that sold a knife to a felon could be sued if he later hurt someone with it.
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The second ammendment prevails.
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I love my Walker Colt .44. It belches smoke and lead like no other.
Next up:
General Motors Dealer in XXXXX,(NY) sued because they sold a chevy to a man who, while intoxicated, ran down a pedestrian.
The suit claims the dealer “should have known” the accused driver had a habit of driving drunk, and he used the Chevy to kill an innocent person.
This will come up one day, eventually.
Vexatious Litigation:
Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action.
“”The Brady Campaign””
Apparently some slick/shyster lawyers are involved with the Brady people and are using that platform to go after legitimate businesses.
This is new to me and I assume to others here. What Cuomo is attempting to do in NY State to the NRA will no doubt expand to legitimate retail businesses now. They found a hole and they’ll go for it! Cabela’s and Bass Pro better make sure all their “t’s” are crossed and “i’s” dotted. Will save a bunch of legal trouble and fees later on. No one in their right mind wants to be caught up in the legal system for any reason!
Already allowed in Europe...
It’s a frivolous lawsuit in its face though - this guy had a desire to murder and if it hadn’t been a gun or a knife it was going to be poison or rope or a banner or club or a board with a nail in it!
There is a whole list of issues attorneys like this can go after. They won’t miss a trick once they discover the trouble they can cause for businesses. They’ll have their Utopia!!!
“The second ammendment prevails.”
It certainly should, but Cabela’s follows other state firearms laws:
https://www.cabelas.com/catalog/includes/notes_and_restrictions_popup.jsp?productId=740536
OK, then we sue Exxon and Shell for the gasoline that powered the car that hit you and sent you to the hospital. Logical.
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