Posted on 07/09/2021 8:54:05 PM PDT by E. Pluribus Unum
A California judge ruled that victims of a 2019 shooting in San Diego that left one dead and three wounded can sue the manufacturer of a rifle and the gun shop that sold it.
Superior Court Judge Kenneth Medel ruled (pdf) Wednesday that the victims and families in the shooting in Poway, California, can file a lawsuit against Smith & Wesson, one of the largest gun manufacturers in the world, over alleged negligence.
Lawyers for Smith & Wesson argued that the lawsuit was barred by the Protection of Lawful Commerce in Arms Act (PLCAA), a federal law that shields gun manufacturers and sellers from liability. The 2005 law prohibits arms manufacturers and dealers from being sued over crimes that were committed with their products, although there are exceptions to the rule.
The plaintiffs in the suit alleged that the gun maker violated California state law by designing the M&P15 rifle—similar to the popular AR-15 rifle—so that it can be easily modified. The suit, which is backed by the gun-control group Brady Center, also claimed Smith & Wesson’s marketing “attracted impulsive young men with military complexes who were particularly likely to be attracted to the unique ability of AR-15 style weapons,” according to reports.
Medel also ruled that the gun shop, San Diego Guns, could be sued for selling a weapon to the alleged shooter, John Earnest, who the plaintiffs claimed was only 19 years old and lacked a hunting license that would have exempted him from California’s 21-year minimum age to purchase a gun.
Plaintiffs in the lawsuit also claimed Earnest’s parents “negligently facilitated their son’s (the shooter’s) ability to gain access to one or more pieces of weaponry/tactical equipment used in the incident, upon information and belief, having prior knowledge of his … propensity for violence.”
(Excerpt) Read more at theepochtimes.com ...
The legal system is trash.
Going nowhere. This issue has already been settled. This Leftist judge ruling is meaningless Virtue Signalling.
We need to be able to sue the judicial circuit district that causes legal fees due to their inappropriate rulings and be made whole after they are over ruled.
To give you an idea of how messed up the Republican Party is, Judge Medel was first appointed by Arnold Schwarzenegger.
I like how federal law can explicitly say one thing but it doesn’t matter because a Democrat-appointed judge feels something.
Oh, no!
A gun that can be easily modified!
Does it also cast an evil spell on anyone that touches it?
Up is down, right is wrong, and the insane dead souls now run the country. Whoot! There iit is. Whoot! There it is.
Is that true? I'm sure the gun shop would now the laws.
The point isn’t to win the lawsuit. It’s to force the gun company into bankruptcy through lawyers’ fees.
By the time the leftists get done with their little game, The Mexican cartels will have the market cornered and will ship whatever we need across the open border.
7.62×39 is what you want to be stocking now.
Just my opinion.
Can the victims of murderers that were released early by parole boards sue the state of California?
It was a Ford which killed my brother. California stupidity should be universal against manufacturers.
If I understand you correctly, Trump's red tsunami of patriot supporters need to primary candidates for federal and state government offices who don't clearly promise to do things like you suggest to discourage activist judges from weaponizing the legal system.
Can the victims of crimes committed by illegal aliens sue politicians who created ‘santuaries’?
> By the time the leftists get done with their little game, The Mexican cartels will have the market cornered and will ship whatever we need across the open border. <
Right. It would be Prohibition, Part 2. Just like in the 1920s. Law-abiding folks are harassed. Organized crime profits, and continues as before.
judges like this need removal
they continue to prove they are not fit to sit on the bench
So, the AR-15 and its variants are hunting rifles? Who knew?
Ridiculous perversion of the law for DemoNaziCommie political power purposes. Judges who trash the law like this breed contempt — disrespect and utter contempt- of the judiciary. Itself highly corrosive to the survival of our society
IF that's true — and that's a big "if", then the gun shop is in trouble.
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