Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Alaska court takes on gun shop liability law
Herald and News ^ | 04/03/2012 | McClatchy News Service

Posted on 04/04/2012 9:43:49 AM PDT by aimhigh

A Bush-era federal law that protects gun dealers from being liable for murders committed with guns from their shops is under fire in an Alaska court case that has led the Justice Department and gun-control activists to intervene.

At issue is whether a Juneau gun dealer is liable for letting a disheveled homeless felon leave his store with a rifle he used to murder a total stranger. The family of the murder victim, Anchorage contractor Simone Kim, has filed a wrongful death lawsuit that has made it to the Alaska Supreme Court.

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


TOPICS: Crime/Corruption; News/Current Events; US: Alaska
KEYWORDS: alaska; banglist; firearms
Read the full article, as this is an interesting case.
1 posted on 04/04/2012 9:43:54 AM PDT by aimhigh
[ Post Reply | Private Reply | View Replies]

To: aimhigh

Hey, I accidentally hit my finger with a hammer last month and my fingernail fell off. can I sue the hammer manufacturer?


2 posted on 04/04/2012 9:49:07 AM PDT by QBFimi (When gunpowder speaks, beasts listen.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: aimhigh
According to the story at the website, the firearm in question was actually stolen from the shop. The shop never got the opportunity to run a background check, which would have prevented the perp from obtaining the weapon.

I don't see how the shop could possibly be held liable in this case, based on what's in the article.
3 posted on 04/04/2012 9:56:37 AM PDT by Oberon (Big Brutha Be Watchin'.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oberon

That was ny take as well.


4 posted on 04/04/2012 9:58:09 AM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
[ Post Reply | Private Reply | To 3 | View Replies]

To: aimhigh
Read the full article, as this is an interesting case.

Agreed.

After skimming it, I have to say I'm torn. But, unless I'm missing something, I'm thinking the wrongful-death lawsuit should not have been dismissed.

It appears to me that this particular negligent gun dealer should not be allowed to hide behind the Protection of Lawful Commerce in Arms Act, which was intended to protect careful gun dealers from baseless lawsuits.

5 posted on 04/04/2012 10:04:28 AM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson)
[ Post Reply | Private Reply | To 1 | View Replies]

To: aimhigh
This is an interesting case. What could factor in is this:
1. Standard operating procedures. The clerk went into the back room unattended for a brief moment. I don't see that happen often. Usually the phone's at the front where they make the call at the desk. Due to that, there was no NICS check.
2. The guy left two hundreds and took the gun before the check. That's not a proper sale, and the crook obviously violated the law here.

The question is whether the dealer is liable for leaving the desk briefly. Probably not, but who knows what the judges will do.

6 posted on 04/04/2012 10:07:41 AM PDT by Darren McCarty (Time for brokered convention)
[ Post Reply | Private Reply | To 1 | View Replies]

To: aimhigh

According to the President, the courts do not have the authority to negate laws which are passed by Congress. So this particular law protecting gun store owners must go unchallenged.


7 posted on 04/04/2012 10:13:55 AM PDT by lurk
[ Post Reply | Private Reply | To 1 | View Replies]

To: lurk

Yup.

That’s the word from the ‘constitutional scholar in chief’...


8 posted on 04/04/2012 10:19:06 AM PDT by WayneS (Comments now include 25% more sarcasm for no additional charge...)
[ Post Reply | Private Reply | To 7 | View Replies]

To: newgeezer

Did the store owner report the theft is the relavant quuestion not asked or answered in the article.


9 posted on 04/04/2012 10:21:51 AM PDT by RBK
[ Post Reply | Private Reply | To 5 | View Replies]

To: aimhigh
Coday, who head-butted his lawyer after being found guilty, was sentenced to 101 years in prison.

Well, I'm with him on that. I think being 'head butted' by the client should be the standard penalty for ANY attorney who loses a case...

10 posted on 04/04/2012 10:26:22 AM PDT by WayneS (Comments now include 25% more sarcasm for no additional charge...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oberon
According to the story at the website, the firearm in question was actually stolen from the shop. The shop never got the opportunity to run a background check, which would have prevented the perp from obtaining the weapon. I don't see how the shop could possibly be held liable in this case, based on what's in the article.

Two possible ways:

(1) Thieves don't usually pay for the merchandise they steal. The perp here left $200 cash-- the price of the gun. A jury might believe that the perp didn't steal the gun at all, but that the sales clerk took the cash and handed over the gun without doing a background check.

(2) Even if the jury believes the "theft" story, it might find that the store was negligent in leaving a gun lying around so that someone could walk out with it.

11 posted on 04/04/2012 10:55:58 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Lurking Libertarian

I’m not sure this case really tests that law, since there are so many other curiousities about the facts.


12 posted on 04/04/2012 11:00:58 AM PDT by Ramius (Personally, I give us one chance in three. More tea anyone?)
[ Post Reply | Private Reply | To 11 | View Replies]

To: aimhigh

We lived in Juneau for 25 years, moving south about the time this murder occurred - I know Ray Cox personally and did business with him on several occasions. He’s a decent, friendly old timer (80’s) with a vast knowledge of firearms and history - when finalizing a gun purchase, he shakes your hand. I would hate to see him lose his business over a sneaky shoplifter/killer who shot a stranger in a Fred Meyer parking lot literally across the road from Ray’s gun shop.


13 posted on 04/04/2012 11:08:00 AM PDT by dainbramaged (OMG - Obama Must Go)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Darren McCarty
The clerk went into the back room unattended for a brief moment.

Ouch. I've never seen that happen, even in gun shops run by idiots. Even if you are selling lollipops when merchandise is unsecured you need someone present at all times. I shopkeeper I know lost a couple grand worth of model trains when a "friendly" guy came in and asked to see them and then stood at the counter and asked questions and shot the breeze for over an hour. The shopkeeper eventually had a call of nature and stepped out for less than a minute. When he got back, the "customer" and the trains were gone.

14 posted on 04/04/2012 11:17:27 AM PDT by jboot
[ Post Reply | Private Reply | To 6 | View Replies]

To: dainbramaged

Creeps take advantage of the trusting nature of old-timers. Folks like Ray Cox remember a different, better America and are liable to forget that it doesn’t exist anymore and trust the wrong people.


15 posted on 04/04/2012 11:24:41 AM PDT by jboot
[ Post Reply | Private Reply | To 13 | View Replies]

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson