Posted on 04/14/2016 3:48:03 PM PDT by Nachum
In a somewhat stunning decision, SkyNews reports that a US judge has ruled that the families of victims in the 2012 massacre at Sandy Hook Elementary School can sue the maker of the weapon used in the attack, arguing the Bushmaster rifle is a military weapon that should not have been sold to civilians.
Gun companies had sought to reject the negligence and wrongful death lawsuit filed two years after the attack by nine victims' relatives and a survivor.
But Connecticut Superior Court Judge Barbara Bellis said a 2005 federal law protecting gun-makers from lawsuits does not shield the companies from legal action in this case.
She ruled that lawyers for the victims' families can still argue the semi-automatic rifle is a military weapon and should not have been sold to civilians.
The legal action names Remington Arms, maker of the Bushmaster AR-15 rifle, model XM15-E2S, as well as the distributor and seller.
A lawyer for the families, Josh Koskoff, welcomed Thursday's news that the lawsuit can proceed.
"We are thrilled that the gun companies' motion to dismiss was denied," he said.
"The families look forward to continuing their fight in court."
(Excerpt) Read more at zerohedge.com ...
While in the Air Force, I was trained and proficient in carrying a Smith & Wesson Model 15 Combat Masterpiece 6-shot revolver—designed just like any other revolver on the commercial market.
Given this judge’s predilection for the absurd, I guess that is a “military style” firearm, right??
Not immediately. And it will cost Remington a lot of money for legal fees.
But Remington (and everyone else) will also sell a lot more ARs while this is taking its time going through the courts.
Forty five years ago, anti-handgun Hollywood discovered the Miller decision and decided handguns were NOT standard issue military equipment so were not protected by the Second Amendment.
Rifles were standard issue and blessed by the TV producers, until around 1984 when they discovered a ban on semi-auto rifles might fly!
The 15 is likely the best .38 fighting revolver ever made. Although I prefer running .38’s in my pre-19.
The lawyer that brought the suit should be imprisoned for fraud, and the plaintiffs should be in jail for life for contempt.
The price of a Bushmaster just went through the roof.
Bushmaster is not even made by Bushmaster anymore.
If you want one made on the original tooling buy one from Windham arms
We all do.
If Hillary is elected, you can bet they will.
Okay! So now we can sue car makers for the death their vehicles cause. The vehicle should not have been sold to that crazy alcoholic. Stabbing victims, etc.
These so called “judges” are out of control. Time to start throwing their asses in jail. Their “lawyer” pals love this. Automobiles should never have been sold to alcoholics coming next. Knives, hammers and baseball bats must be locked up in a safe when in the home. Jail all of these greedy, sleazy bastards.
The Judge should be impeached.
This is a classic case of an emotion and politically driven decision.
We have from now till then to prepare. If we let them do it. it is our fault.
“a military weapon that should not have been sold to civilians”
Gee, and leftists have assured us, for decades, that only military weapons are protected by the Second Amendment, because “militia!”
“If you want one made on the original tooling buy one from Windham arms.”
And some of the Windham folks left and started Del-Ton. Excepting some of the high-end AR’s, they are generic as a box of Kleenex!
“Not immediately. And it will cost Remington a lot of money for legal fees.”
Under the Protection of Lawful Commerce in Arms Act (PLCAA), there is a provision for recovery of legal fees.
Remington is likely to be awarded seven figures. I wonder if the lawyer for these fools told them that they are liable for that.
I suspect that he did not.
When I was a kid in the 60’s any 12 year old with 60 bucks could order an M1 Garand and some ammo and the postman would bring it to your door
The M1 is a TRUE battlefield rifle.
Somehow mayhem and carnage did not ensue
I was unaware of that.
All Connecticut trial court judges are appointed by the governor from a list of potential judges containing only the names of those who have the support of both State Central Committee members of the Democrat and Republican parties in an arrangement that has worked well since the modern Connecticut court system was created in 1958. Haf the nominees (and judges) are Democrat and half are Republican by tradition. I don't know whether Barbara Bellis is a Democrat or a Republican.
Terms are for eight years and are not limited and the judge is seated only after the Connecticut Senate approves the nomination after a public hearing. This avoids judges running for election and making promises they ought not to make and raising campaign $$$$$ from corrupt interests and other abuses that come with elected judges. The judges appoint the prosecutors.
That a judge may make an occasional error (even an awful one like this) is not surprising but that alone does not make a judge a "nitwit." Barbara Bellis is a very fine lady, a very fine judge generally but no more infallible than any other person serving in Connecticut state government. Being wrong does not necessarily mean being either evil or incompetent.
Finally, this is probably a very preliminary ruling. Motions as to evidence in Connecticut are heard at a once a week "short calendar" (which is anything but short and more like a cattle call) at which the overworked judge of the week has to decide some of the most foolish matters you can imagine. The judges are paid quite well (six figures fifteen years ago) and other than trials and short calendar have a light load. Some political hacks unable to earn a decent living in the private sector are taken care of by political friends. Barbara Bellis is not one of them. She took a pay cut to serve.
Some other judge will likely hear the trial, if any, and, having heard the evidence, lay waste to the gun grabbers' case. Happens all the time. The real dangers in the Connecticut Judicial system are the Appellate Court and the State Supreme Court, both of which have been backed with leftist Demonrat hacks. That is why God and the Founding Fathers gave us SCOTUS which is now also a danger.
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