The Brady Campaign to Prevent Gun Violence, formerly known as the National Council to Control Handguns (NCCH), then Handgun Control, Inc. (HCI)…prior to the gun control cabal’s laughable and transparent re-branding as “gun safety”……offered to represent sue Lucky Gunner on behalf of the parents of Jessica Phillips, who was murdered in an Aurora, Colorado theater by the gunman-not-to-be-named. Said gunman purchased some of his ammunition online, at luckygunner.com prior to his rampage.
Jessica’s parents have penned an irresponsible OpEd in the Huffington Post. Let’s take a look at some key, yet uniformed quotes.
We brought our lawsuit because we thought it was outrageous that companies could sell a dangerous man an arsenal without getting any information about him, and without making any effort to see if he was a dangerous killer — which he was.
OK…..tell me, how would one know or determine, if a person was a “dangerous killer” prior to said person killing someone? Anyone? Bueller?
But these companies set up their business so people just like this killer can arm themselves at the click of a mouse. We wanted to change that. And we still do.
So, you want to regulate the ability to purchase a lawful item…an item which requires no licensing nor registration. But you would restrict it anyway? Good luck. Hope nobody does that for a lawful item you desire to purchase.
We knew that Colorado and Congress have given special protection of the gun industry, and we knew that under Colorado law we could even be ordered to pay attorneys’ fees because of those special protections.
Here’s where the word games really begin. Special protection implies that this legal immunity is unavailable to most other entities. Please then, tell us another lawful business/industry who can be held liable for the unlawful actions of a consumer, potentially multiple times removed from the point of sale, using a lawful product of said business, free of manufacturer negligence or safety defect? Didn’t think so. Not so special after all.
We just wanted injunctive relief — to have these companies act reasonably when they sold dangerous materiel, like 100-round ammunition magazines, ammunition, body armor, and tear gas.
Wait a minute…..body armor is dangerous? Magazines? Please…..peddle your tripe elsewhere.
The judge dismissed our case because, he said, these online sellers had special immunity from the general duty to use reasonable care under the federal Protection of Lawful Commerce in Arms Act and a Colorado immunity law.
To make matters worse, the judge ordered that we pay $203,000. This is an outrageous amount, especially given that this case was decided after one single motion!
You knew the risks going into the case….you admit such in your OpEd. Why should Lucky Gunner have to foot a bill for a frivolous lawsuit?
Lucky Gunner has said that it is going to donate all these fees to “gun rights” groups. The thought is disgusting to us that Lucky Gunner does not even plan to use this money to pay for their attorney’s fees.
That’s their prerogative….I think it’s disgusting that you would use your daughter’s murder to be a party to a politically driven lawsuit. Waving the bloody shirt anyone?
Lucky Gunner wants to use blood money to fund the NRA and like-minded groups.
It’s not blood money. See above. Fuck, you’re whiny.
The law says we are responsible for these fees, which we recognize. We do not have the money to pay this amount. The Judge insinuated in his order that Brady should pay since he said they were the instigators. If this was a ploy designed to give the appearance that Brady was responsible and turn us against each other, it did not work.
So, you admit that you knew that you would be liable for these fees going into the suit…a suit where law, logic and reason held that you would not, and should not prevail…for reasons outlined above….yet once having lost…you cry about paying them.
We believe that the judge’s decision was wrong, and that it is unconstitutional to financially punish people for bringing a lawsuit, especially a public interest case that did not seek a dime.
File a politically-driven frivolous lawsuit….pay the consequences. I don’t hear you griping about the tactics of the gun control cabal to tax firearms, accessories and ammunition manufacturers out of existence or out of reach of the average citizen. STFU.
We hope that we are spearheading a movement to expose these egregious and unconstitutional laws for what they really are. They are an attack on our civil liberties.
Oh, you poor confused souls. You wouldn’t know civil liberties if it kicked you in your naughty bits. And the bloody shirt waves on.
With these laws in place ordinary citizens are effectively barred by the exorbitant cost from bringing any civil action against sellers of firearms and ammunition.
What the fuck do you not understand about liability of criminal actions using lawful items well past the point of sale and well outside the span of control?
It is un-American and outrageous that these special laws can deny us our day in court simply because we were victimized by the gun industry.
They’re not special. See above. Yes…the industry victimized you…and apparently made you lose whatever bit of reason the good lord may have bequeathed to you.
Our lawsuit was not frivolous.
Oh, but it was. See your ruling. And above. Again. Still.
Our Jessi was shot multiple times with high-velocity, armor-piercing bullets that were designed by our military to inflict maximum damage on enemy combatants.
Interesting. Did you notice the specific use of buzzwords, designed to elicit an emotional response? It almost reads…as if…a gun control group…wrote their script….
The Phillips wouldn’t know velocity if it shot them in their recently kicked naughty bits; not that ‘armor-piercing’ rounds would have been anymore lethal than standard rounds….but in searching their entire legal complaint..there is not one mention of these alleged rounds. Not one. Care to explain Mr. and Mrs. Phillips? I’m sort of surprised that they didn’t employ “high powered”. Must not have had their reading glasses on when they read their script.
The other five specially designed bullets tumbled when they tore through her flesh and did devastating damage to both legs, arms and intestines.
And once again, Brady provides the script. Unfortunately for the Phillips, the gun control cabal relies on debunked memes and urban myths, in lieu of education, fact and reason. The .223/5.56 round was never designed to, and in fact really doesn’t, “tumble”. Any significant, angular tissue damage is a product of cavitation and hydrostatic shock…..an effect of any round of any caliber. But, by all means, cue the intended emotional response.
Those bullets were six of 4,000 that Lucky Gunner sold to a mass murderer in one sale without even checking his driver’s license.
Is there a legal requirement for Lucky Gunner to have done so? Would Lucky Gunner learned anything from the DMV that would have warranted not selling lawful items to the gunman?
Why is there a law that says you cannot sue an ammunitions dealer that allowed 4,000 rounds of armor-piercing bullets into the wrong hands?
Haven’t we gone over this multiple times already? Are you that thick-headed? And again with the “armor-piercing”? Oi vey.
No other industry has this immunity.
Bullshit. Pure, unadulterated bullshit. Name another that can be sued in the same manner with the parameters outlined above. STFU.
The rest of the OpEd drones on with the usual asinine claims against the eeevil gun industry, couched with illogical terms….”military-grade”, “lethal”, yada, yada, yada. Cue that emotional response again.
It’s sad that presumably well meaning people like the Phillips’, mourning the death of their child by a mentally ill gunman…..would allow themselves to be played like ignorant bitches by the gun control industry. It’s sad that they would spend their emotional capital, not to mention the sympathetic currency of their fellow Americans, to be political pawns in an immature game of deceit and tantrums.
I’m sorry for your loss Mr.and Mrs. Phillips…..but it’s hard to balance feeling sorrow for your loss…when I feel sorrow for your ignorance.