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turbinetree

(24,683 posts)
Fri Dec 3, 2021, 05:42 PM Dec 2021

Nevada court sides with gunmakers in Las Vegas shooting suit

Source: Associated Press

3 minutes ago

CARSON CITY, Nev. (AP) — Nevada’s Supreme Court ruled gun manufacturers cannot be held responsible for the deaths in the 2017 mass shooting on the Las Vegas Strip because a state law shields them from liability unless the weapon malfunctions.

The parents of a woman who was among the 60 people killed in the shooting at packed music festival filed a wrongful death suit against Colt Manufacturing Co. and several other gun manufacturers in July 2019.

The suit said the gun companies “knowingly manufactured and sold weapons designed to shoot automatically because they were aware their AR-15s could be easily modified with bump stocks to do so, thereby violating federal and state machinegun prohibitions.”


Read more: https://apnews.com/article/business-shootings-las-vegas-nevada-gun-politics-c47d1055ddc993d56f696b128e13d784



This ruling is really fucked up....
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CrispyQ

(36,421 posts)
1. Opioid manufacturers are held responsible for the harm they cause, but gun manufacturers aren't.
Fri Dec 3, 2021, 05:48 PM
Dec 2021

What a country.

NickB79

(19,224 posts)
3. At the time of the shooting, bump stocks were legal and not regulated as machineguns by the ATF
Fri Dec 3, 2021, 06:17 PM
Dec 2021

It was only after the mass shooting that the ATF cracked down on them. In fact, prior to this mass shooting, the ATF had written letters to bump stock manufacturers assuring them that their products did not rise to the level of making a machinegun, thus giving them the legal ability to sell them.

So, the lawsuit was essentially suing gun makers for selling legally manufactured firearms, that could accept (at the time) legally manufactured accessories (bump stocks). The plaintiffs were trying to run a retroactive case, applying modern laws to an act prior to their enactment.

It's no wonder the court ruled the way they did. This was a dog of a case from the start.

momta

(4,078 posts)
4. These are the "laws" that piss me off the most...
Fri Dec 3, 2021, 06:40 PM
Dec 2021

CO has them too. The ones that shield gun manufacturers when these mass shooting happen.

Those rich fucks make loads of cash selling death machines to idiots, and our "elected representatives" protect them.

3825-87867

(838 posts)
5. BUT...if a bar tender
Fri Dec 3, 2021, 07:39 PM
Dec 2021

serves a patron too much to drink (who knows what that amount is) and the patron drives and kills someone, here in Pa. at least, he can be held responsible, also.

Seems right ! /s

in2herbs

(2,944 posts)
7. Congress granted gun mfgrs. federal immunity a long time ago. I haven't taken the time to look
Fri Dec 3, 2021, 10:03 PM
Dec 2021

up the federal law but if it was passed before gun mfgrs. started modifying guns to be military style weapons then, depending on how the law is worded, there should be no immunity afforded to these style of guns and the law should be repealed.

I posted to a thread a week or so ago stating that I thought getting Congress to repeal the law giving gun mfgrs. federal immunity would be an avenue toward gun control without taking anyone's gun away AND would make the gun mfgrs. financially responsible to the victims of gun violence. I can't believe that this wouldn't be a persuasive election campaign issue to Ds and even some Rs.

BTW: Rachel Maddow had a very good segment about this after the Sandy Hook massacre with the lawyer representing the parents of the victims because the modification of guns by gun mfgrs. to military style weapons was his legal approach. I recommend the show and especially recommend our Congressional members watch it.

yagotme

(2,911 posts)
8. PCLAA, signed in 2005.
Fri Dec 3, 2021, 11:49 PM
Dec 2021

"The Protection of Lawful Commerce in Arms Act (PLCAA) is a United States law that protects firearms manufacturers and dealers from being held liable when crimes have been committed with their products. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible in much the same manner that any U.S.-based manufacturer of consumer products is held responsible. They may also be held liable for negligent entrustment when they have reason to know a gun is intended for use in a crime.

The PLCAA is codified at 15 U.S.C. §§ 7901–7903." (WIKIPEDIA)

The AR-15 (semi-auto version) started in 1964. The AR was modified from the M-16.


"I posted to a thread a week or so ago stating that I thought getting Congress to repeal the law giving gun mfgrs. federal immunity would be an avenue toward gun control without taking anyone's gun away AND would make the gun mfgrs. financially responsible to the victims of gun violence. I can't believe that this wouldn't be a persuasive election campaign issue to Ds and even some Rs."

Yes, it would be taking guns away, as mfgr's wouldn't be able to stay in business, due to frivolous lawsuits. Even if proved frivolous, the companies lose $, fighting the case.

cadoman

(792 posts)
9. so literally the entity most responsible for the vegas shooting is completely let off the hook?
Fri Dec 3, 2021, 11:54 PM
Dec 2021

Is the orange man still in charge? This entire disaster happened on his watch and it seems like we don't know a damned thing about it.

What is that piece of shit hiding?

EX500rider

(10,808 posts)
11. The entity most responsible...
Sat Dec 4, 2021, 12:22 AM
Dec 2021

...would be Stephen Paddock, a 64-year-old man from Mesquite, Nevada.

MarineCombatEngineer

(12,249 posts)
13. So if I get drunk, get in a Chevy truck and get in a wreck and kill someone,
Sat Dec 4, 2021, 11:01 AM
Dec 2021

then Chevy would be mostly responsible because they manufactured the vehicle?

EX500rider

(10,808 posts)
10. Not surprising as the gun manuf. sold a legal product to a gun dealer.
Sat Dec 4, 2021, 12:21 AM
Dec 2021

The gun dealer does the background checks and sell the firearm to the end user.
It's the same way you won't win a suit suing Ford/Chevy etc because a drunk driver or a street racer killed people.

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