Posted on 12/24/2021 5:41:20 AM PST by marktwain
The Nevada Supreme Court recently issued a ruling upholding the immunity of firearm and ammunition makers from civil lawsuits, when their products are used criminally, under Nevada law.
The lawsuit stems from the criminal mass murder perpetrated in Las Vegas on October 1, 2017. Many people are desperate to blame the instruments of crime for the crime. There are deep pockets to consider. Gun manufacturers have significant assets. Dead criminals do not.
A Federal statute The Protection of Legal Commerce in Arms Act (PLCAA), protects manufacturers, distributors, and retailers on the federal side.
Nevada has a separate state statute to protect firearms manufacturers from frivolous lawsuits designed to destroy innocent manufacturers, distributors, and retailers.
If manufacturers, distributors, and retailers can be held responsible for the acts of criminals, no manufacturer, distributor or retailer will be safe from lawsuits designed to destroy them. The Federal lawsuit was sent to the state court to see if it was valid in Nevada.
The Nevada statute is NRS 41.131. From state.nv.us:
NRS 41.131 Limitation on basis of liability of manufacturers and distributors of firearms and ammunition.
1. No person has a cause of action against the manufacturer or distributor of any firearm or ammunition merely because the firearm or ammunition was capable of causing serious injury, damage or death, was discharged and proximately caused serious injury, damage or death. This subsection is declaratory and not in derogation of the common law.
(Excerpt) Read more at ammoland.com ...
Excellent!
Sounds like gov sissypants will be making some phone calls to the Supremes.
Some common sense from a Court.
How refreshing.
L
Guns are designed to kill. They are also used for targets and sport. But it is a given that they are designed to kill. They function as designed. To prevent their mass distribution you must first destroy the constitution.
I’m sure out enemies would love to do that.
If it got to the State Supreme court they still had significant legal bills. Can they get that money back from the plaintiff?
So, you claim the intent of this section is unclear because it is not in derogation of the common law and sue for common law negligence. They lost. As they should.
But it is an argument.
Gavin Newsome needs to pay attention to this.
Motor vehicles have been implicated in mass winter pileups on interstate highways, causing death and destruction.
Abortion and gun rights mark the old leftist culture wars. We are winning these slowly but surely because the new leftists are obsessed with global warming and the WuFlu. Problem for the left is that their global warming and WuFlu agendas are completely disconnected from reality. Which will leave the left with nothing.
“To prevent their mass distribution you must first destroy the constitution.”
While that “all or none” perspective is exactly how it should be, they now falsely assume they have line item veto power based on twisted interpretations even though they are not legal. They do it anyhow and then throw it in the courts. So they are already destroying the Constitution one amendment at a time using the courts.
Guns are designed to expel a projectile. Killing is a function of what that projectile hits, and that depends solely on the shooter.
Thanks for posting!
Good news story of the day.
2A banglist.
I believe the original patent called a firearm “A machine for throwing balls.”
Lead balls.
Granted. They expel projectiles. The designers of the first and subsequent firearms were and are aware of the purposes that those projectiles are used. The first “hand cannons” were designed for war to eliminate the enemy.
There is nothing wrong with owning a device to protect oneself and if need be used to injure or kill someone as a means of protecting oneself.
I saw a story where a young punk died in an accident after he and some friends stole a woman’s car..... And now they’re trying to sue the car owner!
Makes sense to me.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.