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NoGOPZone

(2,971 posts)
Tue Jul 9, 2013, 10:36 AM Jul 2013

Gun industry group sues Conn. over gun law

Source: Associated Press

A national gun industry group on Monday filed the latest lawsuit challenging Connecticut's new wide-ranging gun law, passed in the wake of the mass shooting at Sandy Hook Elementary School in Newtown.

The National Shooting Sports Foundation Inc., which is based in Newtown a few miles from Sandy Hook, claims the emergency legislation was illegally passed in April without proper public input, time for adequate review by members of the General Assembly, or a statement of facts explaining why lawmakers needed to bypass the usual legislative process.

"There was no emergency and so there's no statement of facts as to why this is an emergency," Lawrence G. Keane, the foundation's senior vice president and general counsel, told The Associated Press, arguing the public's federal and state constitutional due process rights were therefore violated. "There was truly no emergency other than a political one."

Keane said the foundation wants a U.S. District Court judge to strike down the law as invalid, prohibiting it from being enforced. Many parts of the legislation have already taken effect, such as an expanded ban on guns considered to be assault weapons and a ban on large-capacity ammunition magazines


Read more: http://news.yahoo.com/gun-industry-group-sues-conn-131137926.html

25 replies = new reply since forum marked as read
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Gun industry group sues Conn. over gun law (Original Post) NoGOPZone Jul 2013 OP
The National Whiny Ass Foundation, Inc ... eom Kolesar Jul 2013 #1
lawyers are gonna make a FORTUNE! AlbertCat Jul 2013 #2
The legislature had no choice but to bypass the usual legislative process. hack89 Jul 2013 #3
The end justifies the means, then? Lasher Jul 2013 #6
According to gun control advocates it does. nt hack89 Jul 2013 #7
I'm sorry, I got the impression that you condone the process. Lasher Jul 2013 #13
So they can sue, but cannot be sued? question everything Jul 2013 #4
Not true hack89 Jul 2013 #5
Thank you (nt) question everything Jul 2013 #8
Can't sue 'em for faulty product. Iggo Jul 2013 #10
Yes, the "product" worked fine question everything Jul 2013 #22
they can be sued melm00se Jul 2013 #12
Thank you. No, the product was not "defective," see my reply, above question everything Jul 2013 #23
No. Any manufacturer (including of guns) can be sued Eleanors38 Jul 2013 #16
Thank you. Will not surprise me if a would be question everything Jul 2013 #24
Aw twey afwaid thwey mway woose thaiwr widdle pwenis extenwers? onehandle Jul 2013 #9
My wife and daughter get a laugh every time they see a gun/penis reference hack89 Jul 2013 #11
Sounds like they are out of touch with other things. Eleanors38 Jul 2013 #18
The "emergency" was they needed to act before the NRA et al could dump buckets of money to stop it. Gidney N Cloyd Jul 2013 #14
This is what happens ... lancer78 Jul 2013 #15
That anti-emotions thing was never very persuasive. Enjoy your stay. (nt) Paladin Jul 2013 #19
"there was no emergency" ---whaaa? wordpix Jul 2013 #17
If this was an emergency, Conn. LEOs should have taken IMMEDIATE action Eleanors38 Jul 2013 #25
Good. krispos42 Jul 2013 #20
anyone can sue anyone for anything... regardless of how idiotic the suit is. LanternWaste Jul 2013 #21

hack89

(39,171 posts)
3. The legislature had no choice but to bypass the usual legislative process.
Tue Jul 9, 2013, 10:51 AM
Jul 2013

it was the only way it could be passed.

question everything

(47,481 posts)
4. So they can sue, but cannot be sued?
Tue Jul 9, 2013, 10:54 AM
Jul 2013

A local letter today expressed an outrage that "Congress passed laws that indemnify the gun industry from being held responsible for the death and destruction their products bring to our families."

Is this true?

hack89

(39,171 posts)
5. Not true
Tue Jul 9, 2013, 11:06 AM
Jul 2013

gun manufacturers can be sued like any company for damages due to faulty products or illegal acts. They cannot be sued if they sell a properly functioning product in accordance with all applicable laws - just like any other company.

The law you mentioned came about because gun companies were being sued for the damages done by illegal acts that they had no control over. It would be like suing a brewer because someone drank a 12 pack and then killed someone in a drunken driving accident. It was a concerted campaign by gun control advocates to drive gun manufacturers out of business by overwhelming them with massive legal fees and judgements.

question everything

(47,481 posts)
22. Yes, the "product" worked fine
Tue Jul 9, 2013, 07:26 PM
Jul 2013

Last fall, a disturbed young man was fired for too many violations while working in a small, family owned business.

The man went to his car - parked on the company property - came back and killed the owner of the company and several other employees. After the tragedy, the business has resumed operations or, I think, is trying to resume.

Yet the family of one of the victims is suing the company for... negligence, I think.

Hence came the letter, expressing exasperation that the business is being sued, but not the gun manufacturer.

I think that a family of one of the Newtown victims tried to sue... the school, I think, but withdrew.

Honestly, I doubt that any jury in this town will convict the business.

melm00se

(4,993 posts)
12. they can be sued
Tue Jul 9, 2013, 11:14 AM
Jul 2013

if their product is defective but not as a backdoor effort to drive them out of business.

The federal indemnification was brought forward because localities and individuals were bringing suit against the manufacturers holding them liable for the actions of person or persons 2, 3, 4 or more steps down the resale chain.

the equivalent type of action would be like me suing Chrysler because the 3rd owner of a 1982 Lebaron was drunk and killed a family member.

assuming the product is not defective, a manufacturer can not be held liable for how the product is used as long as the product is sold according to the laws and regulations of the state in which the transaction took place.

question everything

(47,481 posts)
23. Thank you. No, the product was not "defective," see my reply, above
Tue Jul 9, 2013, 07:28 PM
Jul 2013

but one can understand the frustration of many people.

 

Eleanors38

(18,318 posts)
16. No. Any manufacturer (including of guns) can be sued
Tue Jul 9, 2013, 12:34 PM
Jul 2013

for defective products. Guns, autos, printers -- all can and have been sued for injury and/or damages relating to defective products.

question everything

(47,481 posts)
24. Thank you. Will not surprise me if a would be
Tue Jul 9, 2013, 07:30 PM
Jul 2013

killer or a robber sue a gun manufacturer for a "defective" product that led to an arrest and conviction.

Stranger things have happened.

hack89

(39,171 posts)
11. My wife and daughter get a laugh every time they see a gun/penis reference
Tue Jul 9, 2013, 11:13 AM
Jul 2013

as far as they are concerned it merely shows how out of touch controllers are with the shooting community.

 

lancer78

(1,495 posts)
15. This is what happens ...
Tue Jul 9, 2013, 12:26 PM
Jul 2013

when you pass laws based on emotion. What the Conn. legislature did is no different then what pro-birth forces are doing across the country. As Dems, I thought we were supposed to be more "rule abiding" then republicans. I guess Nader was right, there is no difference between the 2 parties.

wordpix

(18,652 posts)
17. "there was no emergency" ---whaaa?
Tue Jul 9, 2013, 12:35 PM
Jul 2013

20 little kids + 6 educators gunned down in a "good" school in a "good" neighborhood and it's not an emergency? Let me guess: the NRA is behind this sports foundation group.

And BTW---by "foundation," does that mean the group is nonprofit/exempt from paying taxes while engaged in a political contest?

 

Eleanors38

(18,318 posts)
25. If this was an emergency, Conn. LEOs should have taken IMMEDIATE action
Wed Jul 10, 2013, 09:28 AM
Jul 2013

to ameliorate any "emergency." They didn't. They went the well-known "speedy" route of legislation.
The ardent gun-controller Sen. Barbara Boxer (D,CA) advocated "emergency" action: Send in the National Guard to every school in the nation. Well, she at least treated the tragedy as an emergency.

krispos42

(49,445 posts)
20. Good.
Tue Jul 9, 2013, 02:22 PM
Jul 2013

Panic legislation is never a good idea, first of all.


Second, if it was a disgusting example of legislative-process abuse the way Texas tried to pass the anti-abortion bill a couple of weeks ago, or the union-busting bills in Wisconsin a couple of years ago, then what was here in Connecticut a couple of months cannot be excused either.

The bill was four months in the making, then introduced on April 1st and voted on April 4th, with no public input or committee votes?

Would anybody think this bill was legit if it was Texas or Virginia or Mississippi passing something? Pick a topic... abortion, tax cuts, charter schools, food stamps, unemployment insurance, fracking regulation...


 

LanternWaste

(37,748 posts)
21. anyone can sue anyone for anything... regardless of how idiotic the suit is.
Tue Jul 9, 2013, 03:44 PM
Jul 2013

I s'pose that as it is America, anyone can sue anyone for anything... regardless of how idiotic the suit is.

God bless America...

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