Posted on 04/29/2025 2:19:59 PM PDT by CFW
The Kansas Supreme Court has ruled that a former college football player who was shot by his teammate cannot sue gunmaker Beretta over his injuries. a victory not only for the firearms company, but for common sense as well.
In 2018, about four months after Andre Lewis purchased a Beretta APX 9mm handgun, Lewis decided to show it off to his Emporia State University teammate Marquise Johnson while the pair were idling at a stoplight in the town of Emporia. According to the complaint, Lewis wanted to show Johnson that he knew how to properly disassemble the pistol, and apparently believed that once the magazine had been removed the gun wouldn't fire. Lewis was also allegedly under the impression that the trigger of the APX pistol had to be pulled before he could take the gun apart, but as the Kansas Reflector reports, he was wrong on both counts. When he pulled the trigger Johnson was shot in the leg, and eventually required amputation below the knee to treat his injury.
The District Court in Lyons County granted summary judgment in favor of the firearm maker and seller based on a reading of the federal Protection of Lawful Commerce in Arms Act. The PLCAA forbids lawsuits against manufacturers or sellers when a person criminally or unlawfully misused a firearm. This federal immunity designed to shield the gun industry wouldn’t hold if the gun was used as intended or in a reasonable way.
[snip]
In a split decision, the Kansas Court of Appeals reversed the district court and determined the federal statute didn’t offer immunity to defendants in this case because Lewis didn’t intend to discharge the gun.
(Excerpt) Read more at bearingarms.com ...
Although he may have been too ignorant to realize the firearm would fire when he pulled the trigger, he still pulled the trigger. That wasn't the fault of Beretta.
Beretta is the last firearms maker to mess with. They moved their manufacturing out of Maryland when the state banned magazines over 10 rounds. Maryland thought they were bluffing, their reply “Beretta doesn’t bluff.”
World’s oldest family owned business, founded in 1526.
I still say that Marquise was perhaps the best one-legged player in the history of the Big 12.
Gee. That story makes one want to have at least one Beretta in one’s safe, just out of principle.
operator error. cut, dried....amputated.
The article was a bit vague about who foot the bill for the plaintiff.
Maryland’s loss is Tennessee’s gain. You can visit their headquarters in Gallatin.
.....good for Kansas....but, sadly, I believe I read on other gun-friendly web sites that other states’ legislatures are heading in the other direction, proposing legislation that would allow gun makers, gun distributors, and gun retailers to be sued in cases just such as this and more....
...”....the right of the people to keep and bear arms shall not be infringed.”
Imagine all the car companies folding.
Dumb, dumb, dumb. Clearing the weapon before disassembly is the first order of business.
What I like to do is lock the slide back, drop a common pencil down the barrel, and if I can see the eraser where the bullet is supposed to be, I know the weapon is safe.
Lewis intended to pull the trigger. The trigger is what makes it go bang. If he didn't understand that, he had no business buying a gun.
The State in this case is completely biased - they didn't want to pay the medical bills for the victim, so they instead attempted to violate the law and pawn off liability on the gun manufacturer. At that rate, they should have found the moron's textbook manufacturers liable because he clearly didn't know how to read.
Sue the car manufacturer also, for not having a clearing station built into the car.
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.