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NY Appeals Court Rules Shooting Victim May Sue Gun Maker

Oct. 9, 2012 12:08am Jason Howerton

(AP)

BUFFALO, N.Y. (AP) — A former high school athlete who was shot in 2003 may sue the companies that made and distributed the handgun used in the crime under an appellate court ruling that gun control advocates say will keep irresponsible gun makers and sellers from taking advantage of a federal law shielding them from lawsuits.

The ruling by the Appellate Division of the state Supreme Court reversed a lower court’s 2011 dismissal of victim Daniel Williams’ complaint, which accused Ohio gun maker Hi-Point and distributor MKS Supply Inc. of Ohio of intentionally supplying handguns to irresponsible dealers because they profited from sales to the criminal gun market.

The appellate panel said the Buffalo man’s lawsuit should have been allowed to move forward because Williams’ claims fall within exceptions contained in the Protection of Lawful Commerce in Arms Act, a 2005 federal law shielding gun makers from lawsuits over criminal use of their products.

It is the first case in which a court has held that a gun manufacturer may be held liable under the PLCAA, according to the Washington-based Brady Campaign to Prevent Gun Violence, which brought the appeal.

“If a gun company knows or has reason to know that a dealer or distributor that is selling the guns is doing so irresponsibly and in some cases, illegally, they need to do something about it,” Brady Center attorney Jonathan Lowy said Monday. “They can’t just continue to blindly supply them, knowing they’re going to be arming criminals and just pocket the money and look the other way.”

Williams was 16 when he was shot by a gang member in a case of mistaken identity as he played basketball outside his home. The bullet to his stomach ended his hopes of a Division I college basketball career.

Attorneys for Williams argued the gun had ended up on the streets of Buffalo and in the hands of convicted shooter Cornell Caldwell through gun trafficker James Bostic, who’d bought some 200 guns from a federal licensed firearms dealer in Ohio by using a straw purchaser who would sign the paperwork.

Williams’ attorneys claimed the Ohio dealer, Charles Brown, knew or should have known that Bostic was buying the handguns to resell on the streets because he paid cash, chose Hi-Point 9 mm guns favored by criminals and bought them in bulk. Hi-Point and MKS should have known that Brown, who has since become president of MKS, was distributing the guns they supplied to him to criminals, Williams said.

Hi-Point attorney Scott Allan disagreed with the appellate court ruling, issued Friday, saying Supreme Court Justice Frederick Marshall had gotten it right last year when he dismissed the suit under the PLCAA. The law was intended to allow for dismissal of such cases early on, he said.

The case now moves to the discovery phase, where witnesses are interviewed.

“We’re confident that discovery will show that there were not violations of any statute by (Hi-Point) in its sale of the pistol to MKS,” Allan said. He said Hi-Point, whose corporate name is Beemiller Inc., has and will continue to sell handguns only to federal licensees and that MKS is a licensed whole distributor.

Attorneys for MKS and Brown did not immediately return calls for comment Monday.

Lowy, the Brady Center attorney, predicted that the decision would impact cases in trial courts and appellate courts around the country.

“Cases like this send a powerful message to those bad apples in the gun industry who want to profit from the criminal gun trade thinking that they’re above the law and they’ll never have to pay the cost when innocent people are shot,” he said. “And cases like this send a message that even if you don’t care about the human consequences, if you care about your bottom line you should act responsibly.”

In CONTROL, Glenn Beck presents a passionate, fact-based case for guns that reveals why gun control isn’t really about controlling guns at all; it’s about controlling us. Find out more HERE.

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Comments (144)

mrprof
Posted on October 9, 2012 at 1:37am
By this ridiculous standard, I think we need a few lawsuits that hold judges accountable for their rulings. For every unfortunate soul murdered by some thug in a town with gun-control (e.g. chicago, NY, DC, etc.), we need to sue the judges that upheld laws that disarmed the poor victims.

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- kfonda
  Posted on October 9, 2012 at 1:53am
  Not to mention the judges who release the criminals back to the street.
  
  Report this comment
- PATTY HENRY
  Posted on October 9, 2012 at 2:13am
  UTTERLY RIDICULOUS. Then let’s sue all the AUTO makers whose cars are used in killing people; how about knife manufacturers; what about the odd electrical outlet from using faulty cords; what about …I know…. let’s sue GOD for limbs that fall…that’s it!!! GOD is really, really, mega rich…let’s sue Him!
  I HOPE THE NRA is out there with part of my money and yours and is doing something about this. WHERE do these judges come from? They can’t keep child molesters in jail yet they’re going after
  guns? IDIOTS.
  
  Report this comment
- Snowleopard {gallery of cat folks}
  Posted on October 9, 2012 at 2:22am
  I agree with you there – this is just another back door effort by anti-gun rights groups to impose their will on us who respect the second amendment.
  
  Report this comment
- Chunkyrhyno
  Posted on October 9, 2012 at 4:03am
  It’s time to take back our Country and restore her……..GOD BLESS THE USA
  
  Report this comment
- RepubliCorp
  Posted on October 9, 2012 at 4:06am
  Isn’t it the government responsibility to control a federal licensees?
  
  Report this comment
- navykurt
  Posted on October 9, 2012 at 4:43am
  That actually make more sense than suing gun manufacturers. What’s next? Are we going to sue Hostess because some fat kid won’t put the Ding Dongs down?
  
  Report this comment
- BreeZee
  Posted on October 9, 2012 at 5:01am
  sadly the lame ny’er crowd sits silently as their rights are being stripped one by one and the decline of rights in America under oblamer gets worse. EVERYONE needs to contact their reps in congress and NY’ers need to find a way to impeach or recall these idiots in black robes.
  
  none of this crap will change until people are ready to rage against the machine. everyone says take back America but how? and elections won’t do it the evil is to rooted in the system.
  
  Report this comment
- damon_k
  Posted on October 9, 2012 at 5:14am
  This is worrisome because once again it promotes a culture of not blaming the perpetrator of the crime but someone or something else. Read more insights at: http://smallcraftadvisorychronicles.blogspot.com/
  
  Report this comment
- yougottabekidding
  Posted on October 9, 2012 at 5:38am
  This is great news!
  
  Now we can sue the car manufacturers for every death, in or by a motor vehical. Think about it! If it did not exist then it could not be in the hands of some one irresponsable.
  They are selling one of the biggest killers in the country.
  
  Report this comment
- Thatsitivehadenough
  Posted on October 9, 2012 at 6:04am
  Great idea. Where do I vote for it?
  
  Report this comment
- decendentof56
  Posted on October 9, 2012 at 6:05am
  All you need to know is that “The Brady campaign to end gun violence” is involved, and that another young black has committed a handgun crime.
  Support the NRA!
  
  Report this comment
- guns-an-bibles
  Posted on October 9, 2012 at 6:13am
  That’ll learn that dumb ol gun for gettin’ itself up and pullin’ it’s own trigger.
  
  Give me a break! Put the responsibility where it belongs! Why isn’t the “victim” going after the idiot that shot him? Maybe because he knows there isn’t much money in that direction. He is not suing the gun makers and distributors because he thinks they are responsible. The “victim” knows there is bigger money suing these companies.Suing a thug that probably was only there because he was trying to make a score or to get even won’t pay the “victim’s” medical bills.
  Frankly, I blame the liberals for trying to take our gun rights away. If it weren’t for them the victim probably would have been packing heat and would have been able to defend himself better. And I blame the thug that shot him.
  GIVE US BACK OUR GUNS!!!
  
  Report this comment
- t00nces2
  Posted on October 9, 2012 at 6:39am
  The shooter didn’t do that. If somebody shoots someone, he didn’t get there by himself. There was someone who built those roads and bridges that was responsible for that shooting….
  
  Report this comment
- 000degrees
  Posted on October 9, 2012 at 6:42am
  Activist courts working hand in hand with activists…..100% abuse of our legal system but ok for the lefties as the ends justify the means…..
  
  Report this comment
- kaydeebeau
  Posted on October 9, 2012 at 6:54am
  Uhhh…doesn’t this better describe the DOJ and Fast & Furious … Just subsitute Gov’t for gun company. Which when you think baout it makes the DOJ even worse than a mom & pop gun company.
  
  ““If a gun company knows or has reason to know that a dealer or distributor that is selling the guns is doing so irresponsibly and in some cases, illegally, they need to do something about it,” Brady Center attorney Jonathan Lowy said Monday. “They can’t just continue to blindly supply them, knowing they’re going to be arming criminals and just pocket the money and look the other way.”
  
  Report this comment
- John_Free
  Posted on October 9, 2012 at 6:58am
  Activist Judges are another part of the coming NWO…..
  
  But of course, most folks could never believe that.
  
  Report this comment
- RJJinGadsden
  Posted on October 9, 2012 at 7:02am
  As many have stated above, this can really open a can of worms for manufacturers, distributors, and even retailers of a large number of items. I’m sure this will go to the supreme court, but it is not worded in an airtight manner that prohibits the ruling to be applied to anything but firearms, this will make the decade for ambulance chasing schisters the nation over. Even if excludes all but firearms, the ruling will have a huge impact regardless. Obviously, that is the single sighted goal of this judge. Look at the case from yesterday where a court is going to allow a book publisher to sue a company that is importing used text books so that they can receive a royalty again from those books, since this will be the first time they are sold in the U.S. Talk about attacking the poor and even the middle class! The whole thing is that this case can screw anybody in the future when they attempt to sell off their private property in a variety of forms. Tends to step beyond the bounds of copyright laws in my opinion.
  
  Report this comment
- BSdetector
  Posted on October 9, 2012 at 7:05am
  Too bad “Mr” Williams survived to sue an innocent party. Seriously, people like this are the enemy of Freedom itself and deserve no sympathy or pity, only disgust and scorn are suitable for such parasites.
  
  Report this comment
- JohnyQ
  Posted on October 9, 2012 at 7:31am
  Good Point sue the Ignorant Judge.. with The Judge’s logic , I can sue Chevy GM if one of there customer’s Should hit me with their car. Or maybe sue Sue a can company if I cut my finger after opening it. It’s time these so called Judge’s act on the Law and not there lame Opinions. Vote GOP Nov 2012
  
  Report this comment
- 4truth2all
  Posted on October 9, 2012 at 7:48am
  Yo Navykurt:
  
  I agree with you … yo, overweight kid… FREEZE … put the DING DONG DOWN !
  
  Report this comment
- LIRight
  Posted on October 9, 2012 at 8:32am
  Well folks…..I guess Budweiser, Jack Daniels and Ford are next. Where will it end?
  
  Report this comment
- yougottabekidding
  Posted on October 9, 2012 at 8:51am
  Really don’t know what your worried about!
  Hillary and the UN are working very hard to bypass the Second Amendment. Your loosing because your watching the wrong hand! Don’t think that it can not happen. Do nothing and it will!!!!!!!!!!!
  Even if you do not own a gun get involved NRA – National Gun Rights, or whatever.
  YOU ARE LOOSING YOUR COUNTRY !!!!!
  
  Report this comment
- Wolf
  Posted on October 9, 2012 at 8:54am
  Lawyer talk… “…Attorneys for Williams argued the gun had ended up on the streets of Buffalo and in the hands of convicted shooter Cornell Caldwell through gun trafficker James Bostic, who’d bought some 200 guns from a federal licensed firearms dealer in Ohio by using a straw purchaser who would sign the paperwork…’
  Should read… ‘Attorneys for Williams argued the gun had ended up on the streets of Mexico and in the hands of convicted drug traffickers through gun trafficker Barach Obama, who’d bought some 1200 guns from a federal licensed firearms dealer in Arizona, among other states, by using a straw purchaser who would sign the paperwork…”
  
  Report this comment
- mikem1969
  Posted on October 9, 2012 at 9:00am
  More stupidity from a nanny state. By these standards let’s sue every car manufacturer, airline, knife maker and so on because each of them has been used to kill. Heck for that matter, let’s sue every country that has an army or militia, because goverenments use them to kill people. Hey we can go on with this stupidity all day long, but the BOTTOM LINE IS THIS, liberals and progressives want guns gone, an armed person is a citizen, an unarmed person is a subject. Liberals and progressives want subjects. LOCK AND LOAD BABY YOU WILL NOT TAKE MY GUNS AWAY.
  
  Report this comment
- Secret Squirrel
  Posted on October 9, 2012 at 9:36am
  .
  So now Rosie O’Donnell can sue the spoon manufacturer for making her fat.
  That judge is a joke.
  
  Report this comment
- Secret Squirrel
  Posted on October 9, 2012 at 9:37am
  .
  Can I sue the judge for letting criminals back out over and over?
  
  Report this comment
- investlite
  Posted on October 9, 2012 at 9:57am
  I just want to know if a woman can sue to condom maker for ‘rape’? Or if the bank can sue the company that makes ski masks if one is used in a bank heist?
  
  Report this comment
- Mr Sanders
  Posted on October 9, 2012 at 1:26pm
  We should sue plant nurseries for growing plants that are poisonous to babies/toddlers. We should sue aluminum makers for poisoning us as we fly in airplanes, eat canned green beans. We should sue concrete makers for using lime in their mix for its toxicity. Sue the metals industry because they use the metal(s) that make the guns, bullets, and casings?
  
  We should sue EVERYONE for the use of lead paint in/on toys imported into our country, use of melamine in food products, petfood products, mercury, strontium latent products – wonder where we go there? Oh yeah! Go to New York – they’ll sue anybody for anything?! And I thought our state was litigious!!!!!
  
  Stupidity, utter stupidity!!!!!
  
  Report this comment
- desertspeaks
  Posted on October 9, 2012 at 1:32pm
  Well if we are using guilt by association as they are using here.. then by association, the government is also culpable as they allowed the incorporation of this gun making company and the government is therefore a co-conspirator in the manufacture, sale and shooting!
  NOW WHAT!?!?!?!
  
  Report this comment
- JRook
  Posted on October 9, 2012 at 1:44pm
  “If a gun company knows or has reason to know that a dealer or distributor that is selling the guns is doing so irresponsibly and in some cases, illegally, they need to do something about it” Of course they should. And prosecutors in Texas might want to examine why there are a rather large number of gun shops along the border with Mexico.
  
  Report this comment
- stumpy68
  Posted on October 9, 2012 at 5:06pm
  How about allowing lawsuits by companies and individuals
  harmed by judges bad /unconstitutional rulings lol
  
  Report this comment
1RealAmerican
Posted on October 9, 2012 at 1:37am
This is just what these lib a**holes want – a small gun manufacturer that doesn’t have the deep pockets to defend themselves against something like this. Hi Point firearms are made about 15 miles from where I live and make some great lower priced firearms – I own 2 of their products personally – and their service after the sale is 2nd to none – great people to deal with all around. If they can get away with nailing the smaller gun makers that will make a big dent in the market not to mention our local economy. I think this is their plan – go after the small fish (no offence to Hi Point) to get their foot in the door and if they can win this it makes it easier to go after S&W, Ruger, Remington, etc by saying “see, we won against this gun maker”. Blaming a manufacturer for a distributors buisness has got to be the most idiotic thing I think I have ever heard but then anything from the Peoples Republic of New York doesn’t shock me anymore.

Just sayin……..

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- nzkiwi
  Posted on October 9, 2012 at 2:47am
  I think that you are right on the money, 1Real.
  
  You may remember when Mr Obama told the Mr and Mrs Brady that he was working on gun control “under the radar”.
  
  http://nation.foxnews.com/guns/2011/05/25/obama-were-working-gun-control-under-radar
  
  He wasn’t just making polite noises it seems…
  
  Report this comment
- Landon410
  Posted on October 9, 2012 at 9:33am
  I want 1 lib to explain to me how hi point is vicariously liable for this.
  IF the gun store broke laws, its up to the ATF to enforce them, now Hi Point, and how would Hi Point know who bought guns from the gun store?
  
  So I am asking one of the resident lib trolls here to debate me on vicarious liability, and just fair notice I deal with vicarious liability EVERYDAY, its what I do for work, yes work, you know… a job…. you might now know what that is, but its what pays for your foodstamps, and Obama phone
  
  Report this comment
woodyee
Posted on October 9, 2012 at 1:33am
I think I’ll go out tomorrow and sue a pencil manufacturer for my misspellings. They knew their pencils would create errors, or they would have never attached an eraser to the end of it…

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- Kenszen
  Posted on October 9, 2012 at 2:14am
  I love your posts.
  
  Report this comment
- What the Heck
  Posted on October 9, 2012 at 5:43am
  Wonderful. This is so absurd it makes me crazy.
  
  Report this comment
- RJJinGadsden
  Posted on October 9, 2012 at 7:06am
  Don’t forget the fat peoples’ ability to sue not only manufacturers of eating utensils, and their distributors, and retailers, then go for the food dealers too. Why would anybody ever need to be personally responsible for their own actions….like the shooter in this case.
  
  Report this comment
- JohnyQ
  Posted on October 9, 2012 at 7:38am
  Too funny, but so true
  
  Report this comment
- Landon410
  Posted on October 9, 2012 at 11:55am
  why can’t fat people on food stamps sue the tax payer for making them fat?
  its about the same thing….
  
  we have no control what they do with the money the government steals from us and gives to them.
  
  Report this comment
RAMJR
Posted on October 9, 2012 at 1:29am
If there ever was an industry that de-synthesizes value and life, it is video games. The source most of our youth use to learn about weapons, instead of the correct use of a real gun/rifle, under proper instruction and supervision, results in a knowledge and understanding of the reality one of these lead to. Death.
If those that think guns cause the stupidity and murdering nature of man, then video games should be sued even more, leading to restrictions of use in age, in restriction to who can sell and who can purchase.
It has been proven, in those that take the time to look for the proof, that cities that have citizens who protect their homes and loved ones with rifles and pistols, including classes and instruction of proper use, storage and keeping clean and working, those cities are a heck of a lot more safer, take the city in Georgia, Kennesaw…compared to Chicago, that bans guns and crime and criminals are growing.
One day soon, Judges that don’t abide by our Constitution, will be handed pink slips and bus passes out of this country…that is if we ever get term limits put in all political and judicial positions…then if we get rid of tenure, we could get rid of teachers, that shouldn’t teach and don’t teach. Hope&Change!

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- loneindividual
  Posted on October 9, 2012 at 4:05am
  It’s no video games, it’s Marxism that debases the individual and destroys the family in addition to the rationalization that certain life shouldn’t live.
  
  Indeed, the liberal logic that embraces despotic power is a power that is a logic that is demonic in nature & satanic in origin who’s creator is Lucifer.
  
  Don’t blame guns or video games. Blame the souls of those who are too weak to realize the ultimate course they are taking. Then finally after exposing their weakness and opening them up to the truth, seek after the Father of all Lies who became the embodiment of vile sentiment and author of the utter horror we see as Cannibalism under the guise of government authority we call Communism.
  
  Report this comment
The_Almighty_Creestof
Posted on October 9, 2012 at 1:02am
“…of intentionally supplying handguns to irresponsible dealers because they profited”

Does this mean we can nail Obama and Holder for this as well?

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- BIGWUN
  Posted on October 9, 2012 at 1:20am
  Eric Holder said he needs to get rid of citizen’s guns using creative methodologies beyond the obvious. Here’s another one.
  Welcome to Commie World where citizens are disarmed so government can be more effective (in taking the lives of noncompliant citizens).
  
  Report this comment
- WarMunger_Al
  Posted on October 9, 2012 at 1:38am
  time to sue the automakers for accident injuries…they knowingly sell vehicles to irresponsible people…oh an add the beer and liquor companies for drunk drivers, etc….It never stops. The government is seriously out of control at all levels and branches.
  
  Report this comment
- nzkiwi
  Posted on October 9, 2012 at 2:55am
  Now that’s something that I hadn’t thought of, Creestof.
  
  Very good point.
  
  Report this comment
- decendentof56
  Posted on October 9, 2012 at 6:17am
  Good point among many good points. Guns will find their way into the hands of criminals just like the gov. could not stop alcohol during prohibition. Brady, Obama ,Hillary and their like-minded cohorts at the UN will disarm you while punks will still get guns through the black market.
  
  Report this comment
LeadNotFollow
Posted on October 9, 2012 at 12:59am
.
Criminals will always find a way to get guns.
Gun manufacturers can’t baby-sit every gun that leaves the factory.

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VoteRightDammit
Posted on October 9, 2012 at 12:56am
With all the technology at our disposal, there HAS to be some way to split off California, New York, Vermont, Oregon & Washington and float them off into the Pacific to be their own little failed country, dependent on the remaining Americans for foreign support ………..

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- QuincySmith
  Posted on October 9, 2012 at 1:16am
  Rep Hank Johnson (D Ga) may know a way: http://www.youtube.com/watch?feature=player_embedded&v=zNZczIgVXjg
  
  Report this comment
- ledesma132000
  Posted on October 9, 2012 at 1:31am
  I can understand the other states but what is so bad about Oregon?
  
  Report this comment
neiman1
Posted on October 9, 2012 at 12:54am
If a drunk uses a car to run you down in a crosswalk is GM responsible for building the car?

No wonder no one wants to build anything in America.

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- 1TrueOne55
  Posted on October 9, 2012 at 1:41am
  That is the defense I would use in court to the judge for final arguments in the case. Or how about the ladder maker because you slipped off the roof. Or maker of bicycles since you failed to use the brakes and got hit by a car.
  
  There are many stupid excuses to be used in filing frivoluos lawsuits. And remember those who want to rid the country of guns like the Brady Bunch and those like them will eventually whine and complain when they are held at gunpoint by a criminal during a home invasion. Then they sue the Police because they did not stop the criminal act from happening.
  
  That’s how smart/stupid they can get on proving a point.
  
  Report this comment
- lonwarner2
  Posted on October 9, 2012 at 7:12am
  I thought Obummer said that we didn’t build that, but they did. Does this mean that we can sue the Government?
  
  Report this comment
VoteRightDammit
Posted on October 9, 2012 at 12:53am
Hot DIGGITY!

Gonna go out tomorrow and find a speeder and slam into him ….. and then sue FORD! Better yet, GM (deeper pockets).

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capitalismrocks
Posted on October 9, 2012 at 12:53am
So I guess that means cultery companies can be sued if someone is stabbed with a knife, or a plumbing manufacturer can be sued if someone is hit with a lead pipe?

This ruling is total BS !!!

So, I should be able to sue Ford is someone goes apesh*t and runs down people in a Ford F-150 too?

Judge needs to pull his brain out of his ass and squeeze it back into that empty skull of his.

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drenfroe
Posted on October 9, 2012 at 12:52am
NY has become such a biased and dictatorial state how can we think of it as an American state any longer? Definitely not run on American values.

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Libermerican
Posted on October 9, 2012 at 12:49am
Here we go again, for the 147th time.

If they approve this, then anyone hurt in an auto accident can sue the auto maker of the person who gets the ticket.

You can actually sue the toilet paper manufacturer, every time you get a hemorrhoid.

Wheeeeeeeee! America is so sensical!

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LeadNotFollow
Posted on October 9, 2012 at 12:47am
.
In this gun case, the law isn’t blaming the “shooter”. The person actually responsible for pulling the trigger.

If we eat a bunch of candy this Halloween and it makes us fat, we can sue the candy companies. The law won’t blame the “eater”.

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KangarooJack
Posted on October 9, 2012 at 12:46am
Ahhhh! Gee, should sue the Federal Gov’t for supplying guns to Drug Cartels and via Interstate Highways…coming to a town near you! lol

Almost as good as the old lady who sue {successfully} for having her hot coffee…HOT.

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Shasta
Posted on October 9, 2012 at 12:44am
Is this what OBumbler meant when he said ‘We’re working on gun control “under the radar”‘?

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conservativeone
Posted on October 9, 2012 at 12:40am
Oh Good … Maybe now Americans can sue Knife Manufacturers as well when their knives are used in a crime. Does this mean we can now sue Rawlings when we get hit with a baseball at a baseball game ??? Does this mean we can sue Maytag or Whirlpool when we burn ourselves on a stove ???

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- QuincySmith
  Posted on October 9, 2012 at 1:19am
  Does someone get to sue the Feds, if a GM car is used as a weapon?
  
  Report this comment
- H-Rock 75
  Posted on October 9, 2012 at 1:31am
  I want to sue the clothing company that made the jerseys my high school bought the football teams. It cost me a full ride to a Division I school. Never mind that I would have had to play well or kiss the coaches butt to play me, it’s their fault. See my phony bologna excuse makes as much sense as the gun lawsuit.
  
  Report this comment
M13
Posted on October 9, 2012 at 12:37am
Since Encinom is an idiot, can he sue the school system that educated him in stupidity?

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- GBTVFan_Non_American_Overseas
  Posted on October 9, 2012 at 1:04am
  Or his parents, for such damage to the next generation!!!
  
  Report this comment
idrathermisstotheright
Posted on October 9, 2012 at 12:36am
All those fat people out there can sue the grocery stores for making them fat since they knew people would buy the food to eat it. How about every resturant too.

Can we sue the democrats for destroying the country because they knew putting someone on the ballot with no management experience is the likely hood of failure. If someone was to wake up from a coma from when Carter was president until now they would swear Carter was still president. Not in my lifetime did I believe we could have someone worse.

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- Shasta
  Posted on October 9, 2012 at 12:45am
  Or perhaps the fatties can go after the farmers too. Oh wait, Obama is already attacking them.
  
  Report this comment
denkat56
Posted on October 9, 2012 at 12:28am
who pulled the trigger. watch this company close down, people will lose thier jobs. all because the courts want to blame the easy mark. if i was the company i would sue new york for the police not doing thier job, or even the ATF, for letting gun dealers buy thier guns, how about the perp that shot the gun, does he have a prior record. sue the courts for allowing the perp out on the street. hm makes one wonder.

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- SUNTZU
  Posted on October 9, 2012 at 12:37am
  And the gun runners at DOJ walk
  
  Report this comment
GBTVFan_Non_American_Overseas
Posted on October 9, 2012 at 12:25am
Ohh good! Next step: Those evil car manufacturing companies!!!…you know, because those evil cars are used by people DUI to kill other people!!!!!!! (Sarcasm)

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- ginger100
  Posted on October 9, 2012 at 12:51am
  Or products that cause cancer in California, only California. Law suit flood gates opening.
  
  Report this comment
idrathermisstotheright
Posted on October 9, 2012 at 12:25am
What? They don’t arrest the criminal who was in charge of the fast and furious, who doesn’t comply with a congressional subpoena, and is responsible for how many deaths? But they will go after a gun manufacturer. This is the slippery slope and these fools who have hijacked the Hinkle incident where Brady was tragically shot, along with Reagan, need to be stopped.

This courts should be unfunded tomorrow, thus eliminated.

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thegreatcarnac
Posted on October 9, 2012 at 12:22am
This is what these anti-gun clowns have prayed for. If they can get some piece-of-trash liberal judge to allow them to sue the gun manufacturers every time someone is shot they can close down the factories. This cannot pass. I think if I get in a accident and it is the other fellows fault…I will sue the company who made his car See how that well go over. The NRA and others better get on this quickly or we will be buying guns off shore. A curse on New York.

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Frogginit
Posted on October 9, 2012 at 12:22am
I guess I’ll sue General Motors for selling cars to dealer who turn around and sell them to potential drunk drivers. I was t-boned by a drunk driver awhile back and GM should have known his full sized Chevy pickup would wind up in the hands of someone impaired.

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- GBTVFan_Non_American_Overseas
  Posted on October 9, 2012 at 12:27am
  Sorry, I didn’t read your comment first…..
  
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- SUNTZU
  Posted on October 9, 2012 at 12:33am
  Sue the Government for giving Lic. to irresponsible dealer
  
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- PASSIONFORCHRIST
  Posted on October 9, 2012 at 12:33am
  The key words here are:
  
  “We’re confident that discovery will show that there were not violations of any statute by (Hi-Point) in its sale of the pistol to MKS,” Allan said. He said Hi-Point, whose corporate name is Beemiller Inc., has and will continue to sell handguns only to federal licensees and that MKS is a licensed whole distributor.”
  
  IT’S FEDERALLY LICENSED, BETTER SUE THE FED’S!!!!!!!!!!!!!
  
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Smokey_Bojangles
Posted on October 9, 2012 at 12:17am
In that case,there should be thousands just from the victims of the police alone
.Something to think about? The British never sued George Washington. Just something to keep in the back of your mind.
In case the need arises.

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PhineasJWhoopee
Posted on October 9, 2012 at 12:16am
So if someone beats me with a bat I can sue Louisville slugger?

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- thegreatcarnac
  Posted on October 9, 2012 at 12:25am
  This ruling by some trash judge in New York makes about as much sense. If you draw this out to it’s conclusion…every factory in the country would be closed eventually.
  
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- CatB
  Posted on October 9, 2012 at 12:25am
  So when someone hits you with their car .. you can sue the auto maker … sweet.
  
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- Rajabear1
  Posted on October 9, 2012 at 1:06am
  Hey, hey—I’m likin this….brainstorming….got it! I think I could get into the ‘redistribution’ frame of mind on this one. I say sue like he!! if it is GM/Chrysler/Jeep (sorry for the Jeep lovers) and then redistribute back all the monies possible to the original stock holders, investors and dealerships that got screwed hard by the illegal confiscation of of their legal due share just to turn it over to unions (who crushed the industries in the first place). They may not get everything back, but something is better than nothing.
  See, we too could ‘overwhelm’ THEIR ‘systems’.
  BTW I too was t-boned a year and a half ago by a chevy 4×4 truck at 45 mph no breaks, but unbelievably, my stupid little 2003 cavalier most likely saved my life. Still a mess physically, but thank the Lord I’m still alive and kicking…oh yah, and I’m still WORKING-hurts like hell, but I won’t back down. (-:
  
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