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Fri May 30, 2014, 07:56 AM

 

Lawsuits a necessary weapon against gun sellers

Hidden safely behind one screen or another, wicked cowards like to insult Rochester’s crime victims. They might type that a teenager deserved to be shot because he was out past 10 p.m. Or that murders of city residents aren’t really so bad because they lead to fewer welfare recipients.

Their towering intellects were on display after news that the Brady Campaign to Prevent Gun Violence and people hurt by the 2012 Webster Christmas Eve shootings would be suing Gander Mountain.

“If they win, I hope the relatives and everyone involve (sic) get CANCER!” a person using the name Mancave Heywood wrote in Facebook comments following the article. “(Unprintables) in this world just want an easy payout!”

“Heroes no more!” wrote Jennifer Valentine of the two firefighters who were killed rushing to put out a fire on Christmas Eve and the two who survived their injuries.

http://www.democratandchronicle.com/story/news/local/columnists/bryant/2014/05/24/bryant-lawsuits-necessary-weapon-gun-sellers/9508407/

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Arrow 9 replies Author Time Post
Reply Lawsuits a necessary weapon against gun sellers (Original post)
SecularMotion May 2014 OP
Duckhunter935 May 2014 #1
blueridge3210 May 2014 #2
Eleanors38 May 2014 #3
AtheistCrusader May 2014 #4
friendly_iconoclast May 2014 #5
AtheistCrusader May 2014 #6
spin May 2014 #7
kudzu22 May 2014 #8
HALO141 May 2014 #9

Response to SecularMotion (Original post)

Fri May 30, 2014, 08:07 AM

1. care to comment?

 

or just another spam posting

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Response to SecularMotion (Original post)

Fri May 30, 2014, 08:36 AM

2. Apparently there is a mass outbreak

 

of FFL's violating Federal Law regarding the sale of firearms and the authorities are incapable of enforcing the law. Or not.

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Response to SecularMotion (Original post)

Fri May 30, 2014, 09:35 AM

3. Trolling the comments section? Phew.

 

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Response to SecularMotion (Original post)

Fri May 30, 2014, 11:21 AM

4. If the seller committed a crime, sure. Sue them.

If the seller followed the law, performed the background check, dotted all I's and crossed all T's on the paperwork, and the background check came back clean, I don't see a mechanism to lay this at their feet.

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Response to AtheistCrusader (Reply #4)

Fri May 30, 2014, 01:40 PM

5. I read the article, and Gander Mountain sold to a straw purchaser...

 

...who turned around and resold it to the killer. I'll leave it
to the discerning reader to guess which party has the deepest pockets...

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Response to friendly_iconoclast (Reply #5)

Fri May 30, 2014, 01:43 PM

6. Unless the straw purchaser gave Gander Mountain a reason to suspect what he was up to

I don't see a way to suggest they should be in any way liable.


It IS possible for the straw purchaser to do so, but I don't see any indication of it here.

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Response to AtheistCrusader (Reply #6)

Fri May 30, 2014, 06:58 PM

7. Perhaps Gander Mountain should only hire gun clerks who are ...

mind readers.

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Response to friendly_iconoclast (Reply #5)

Fri May 30, 2014, 08:10 PM

8. Saying they should have known

is the same as saying they should be profiling their customers. I say they should follow the letter of the law -- no more, no less.

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Response to AtheistCrusader (Reply #4)

Sat May 31, 2014, 12:17 AM

9. Law suits do not require merit...

only opportunity. So I've been told by several attorneys.

Having been duped by a straw purchaser is not a crime. Selling to an obvious straw purchaser is. I'm sure that the dividing line between the two would have to be determined by a jury and their estimation of exactly what constitutes a "reasonable person" determination. To a mom & pop shop the threat of a law suit by the brady bunch may be intimidating. The folks at Gander Mountain, though, are probably a tougher nut to crack.

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