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Illinois family seeks to sue gun manufacturer over boy's death
Legal Newsline ^ | 8-30-09 | C. Rizo

Posted on 08/30/2009 12:10:48 PM PDT by Ja7430

WASHINGTON (Legal Newsline)-The family of an Illinois boy who was fatally shot by his friend have petitioned the U.S. Supreme Court to strike down a federal law that protects gun companies from most civil lawsuits.

The family of Joshua Adames want the Protection of Lawful Commerce in Arms Act of 2005 overturned, a move that would allow them to sue a gun manufacturer over the 13-year-old boy's accidental death.

(Excerpt) Read more at legalnewsline.com ...


TOPICS:
KEYWORDS: banglist; beretta; guns; joshuaadames; lawsuit; supremecourt
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To: 3niner

1. All guns are always loaded.

2. Never let the muzzle cover anything you are not willing to destroy.

3.Keep your finger off the trigger till your sights are on the target.

4. Know your target, and what is behind it.


121 posted on 08/30/2009 5:16:25 PM PDT by Shooter 2.5 (NRA /Patron - TSRA- IDPA)
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To: Ja7430

I’m sorry that this happened to their son but I don’t see how a gun manugacturer can be blamed for their son and his friend not being properly supervised by an adult? It’s fairly common knowledge that unless you are planning to shot someone that you shouldn’t point a gun at them and even I, a girl who doesn’t regularly target practice, knows that a bullet can still be in the chamber after the clip is out!


122 posted on 08/30/2009 5:17:51 PM PDT by chris_bdba
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To: ColdWater

Post 121 is for you.


123 posted on 08/30/2009 5:21:50 PM PDT by Shooter 2.5 (NRA /Patron - TSRA- IDPA)
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To: ColdWater
You said there should not be rule numbers and then proceded to list a rule number.

I agree that there shouldn't be rule numbers. Consistency should be Rule #1 when discussing rules.

(Sorry, I couldn't help it.)

124 posted on 08/30/2009 5:25:11 PM PDT by SIDENET ("If that's your best, your best won't do." -Dee Snider)
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To: Shooter 2.5

1. ALWAYS keep the gun pointed in a
safe direction.

This is the primary rule of gun safety. A safe
direction means that the gun is pointed so that
even if it were to go off it would not cause injury
or damage. The key to this rule is to control
where the muzzle or front end of the barrel is
pointed at all times. Common sense dictates the
safest direction, depending on different
circumstances.


125 posted on 08/30/2009 5:26:06 PM PDT by ColdWater
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To: SIDENET
I agree that there shouldn't be rule numbers. Consistency should be Rule #1 when discussing rules.

Rules should be bulleted (pun intended) not numbered.

126 posted on 08/30/2009 5:27:26 PM PDT by ColdWater
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To: ColdWater

Sorry but I don’t really care about what rule is what. There are so many gun experts that claim this rule or that rule is “better” than others. I already was caught up in that silly, childish argument too many times.

I use Jeff Cooper’s, Massad Ayoob’s, Clint Smith’s, GunSite’s, FrontSight’s, Todd Jarret’s, Chuck Taylor’s and the Texas Concealed Carry rules.

If you choose not, that’s fine. I just printed them for another view.


127 posted on 08/30/2009 5:35:47 PM PDT by Shooter 2.5 (NRA /Patron - TSRA- IDPA)
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To: All

1. they already lost the trial case,

2. they have already lost the appeals.

3. now the case proceeds ONLY if the USSC takes case. IOW very very slim.

4. the only way this is viable is if the case is rigged because the lawyer and judges have decided this matter needs to be heard.


128 posted on 08/30/2009 5:40:42 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: EGPWS

I believe God cannot sue.LOL
As all should know Heaven and Hell are on the same level, divided only by a high fence. The fence had been erected by God with the express understanding that Satan would maintain its upkeep.
On day legions ago go God noticed and advised Satan the fence was in disrepair and Satan should act immediately to repair the same. Satan told God, to Hell with the fence he was not going to do repairs.
Gad told Satan he would sue him.
Satan laughed and said “Where in Heaven are you going to get an attorney?”.


129 posted on 08/30/2009 5:42:40 PM PDT by GOYAKLA
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To: DeltaZulu

No. Teaching and locking up are two different things entirely. Teach your kids by all means - hell, I learned how to handle and fire everything from a machine gun to a flintlock by the time I was 12 from a big time gun collector and long time family friend.

Locking up just means that when you are not around, the kid or someone else will not have access to it. If you specifically give the kid a gun, then that is on you. Kids are kids - they make a lot of mistakes. Showing and telling with a gun should not be something a kid should do - which seems to be the situation here.


130 posted on 08/30/2009 5:46:10 PM PDT by PIF
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To: Ja7430

If the kid dropped an Anvil on the other kids head, they could sue Gravity.

Liberalism, making Stupid as American as Apple Pie.


131 posted on 08/30/2009 5:58:39 PM PDT by Kickass Conservative (If Hitler used a TelePrompter, we would all be speaking German...)
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To: CTOCS

you can get just about any weapon to fire by applying slight pressure to the trigger, then removing the mag. It remains charged even when the mag is released.

Still the point is that all firearms come with manuels. Each one says not to point the weapon in the direction of any person.

If the thing had been written differently, would the 13 year old still have shot his buddy accidentally? Probably, the kid didn’t bother to read the instructions before showing him it in the first place im sure.

Suing the manufacturer is ridiculous, it was a VERY TRAGIC accident, but an accident none the less.
The maker certainly had no intent, neither did the kid.

Unfortunately some judge like sotomayer will get it and use it as a cry to take away every gun from every person in the united states.


132 posted on 08/30/2009 6:26:20 PM PDT by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: Shimmer1

my kids know to NEVER touch anything because it is always loaded. Although I have many, only one really is and it is still kept out of reach / or on my persons.
I have 4 kids, a daughter who is 21, all the way down to 10. Each of them know better than to even think about touching one unsupervised.


133 posted on 08/30/2009 6:28:52 PM PDT by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: Munz

My boys (youngest two are 18 and 15) handle guns and high powered pellet guns better than I do and shoot well and carefully. They can touch them and shoot them unsupervised, but THEY ARE ALWAYS “LOADED”!!!


134 posted on 08/30/2009 6:46:08 PM PDT by Shimmer1 (Navy blue)
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To: ColdWater
Did you read the article?

yes. I stand by my comment. Beretta isn't culpable. The suit is misdirected.

135 posted on 08/30/2009 8:24:31 PM PDT by Myrddin
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To: ColdWater

They included the gunmaker cause they the ones with the $$$$$


136 posted on 08/30/2009 10:25:52 PM PDT by skaterboy (Hate=Love....Love=Hate)
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To: Kickass Conservative

If the kid dropped an anvil on his head...they would most likely sue wil e coyote...


137 posted on 08/30/2009 10:28:11 PM PDT by skaterboy (Hate=Love....Love=Hate)
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To: skaterboy

No, they would sue the ACME Anvil Company.


138 posted on 08/30/2009 10:38:32 PM PDT by Kickass Conservative (If Hitler used a TelePrompter, we would all be speaking German...)
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To: Dr. Bogus Pachysandra

It is covered in the literature.

#1 rule of gun safety is treat all weapons as if they are loaded.


139 posted on 08/31/2009 7:17:00 AM PDT by Cheeks (http://www.appleseedinfo.org/)
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To: wolfcreek
Correct.. Per the Illinois State Police at -

http://www.isp.state.il.us/foid/firearmsfaq.cfm ...the father of the dead child is in trouble.

Illinois law (720 ILCS 5/24-9) states "(a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:
   (1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or
   (2) placed in a securely locked box or container; or
   (3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.
(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.
(c) Subsection (a) does not apply:
    (1) if the minor under 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or
    (2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person."


--------------------------------------------------------

Beyond this, I just went through an owner's manual for the Beretta PT92FS and there are no less than a DOZEN places where it states that the operator should keep his/her finger off the trigger and to NEVER point the weapon at anything not intended to harm or destroy. While it is true that the manual doesn't specifically state that it will fire with the manual inserted, it does a good job of overstating safely operating the weapon in general...something which makes the issue of a magzine being inserted a moot point.

This whole sad story is the result of two moronic teen aged boys who have been watching too many Hollywood movies about semi-auto handguns.

As heartbroken as the family is, according to Illinois state law, the father should be arrested and charged under provisions of 720 ILCS 5/24-9 and then manslaughter, or negligible homicide.

140 posted on 08/31/2009 4:32:42 PM PDT by hiredhand (Understand the CRA and why we're facing economic collapse - see my about page.)
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