Bad Omen For Ammunition Sales
BY Herschel Smith
4 years, 1 month ago
At the same time that gun sales have skyrocketed as more Americans reach for a firearm to protect themselves from threats real and perceived, warning shots abound that should have gun rights advocates on edge.
The latest is the court ruling allowing a lawsuit against the Cabela’s store in Cheektowaga to proceed after it sold ammunition to then- 19-year-old Jake Klocek, who used it in a handgun to accidentally kill 19-year-old Anthony King, a friend he’d invited over while housesitting for an Elma couple.
The suit by the victim’s family contends that Cabela’s – a defendant along with Klocek and the Elma couple – “knew or should have known its failure to use reasonable care” in selling the ammunition to someone like Klocek would result in serious injury or death.
But that claim hinges on the fact that Klocek, under 21 at the time, could not legally buy handgun ammunition.
However, he could legally buy long gun ammunition. And as Cabela’s attorneys point out, the ammunition in question – .45 ACP – can be used in both handguns and rifles. If the clerk asks and the buyer says it’s for a rifle, how is the store supposed to know, short of having a polygraph machine at every register?
Nevertheless, the fact that both a State Supreme Court justice and an appellate court allowed the case to proceed is likely to ripple through the retail firearms industry. If the case makes it to trial and King’s parents win, it’s easy to envision it precipitating more of the types of marketplace constrictions that anti-gun politicians can only dream about.
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If this case proceeds to trial and Cabela’s is found liable, I would expect it – and parent company Bass Pro Shops – to join the list of businesses making it harder or impossible for law-abiding shooters to find the guns and supplies they want.
The Protection of Lawful Commerce in Arms Act (PLCAA) doesn’t matter to these courts because no one will enforce it. Federal Marshals won’t be dispatched to arrest local judges who let stupid things like this go forward, and the Supreme Court hasn’t the balls to take up something like this. So lower courts do what they way to do, unencumbered by any rules or social mores.
As if things could get any worse for gun owners and ammunition buyers (guns won’t work without ammunition), keep this in mind for the future.
On November 5, 2020 at 11:44 pm, Jimmy the Saint said:
“(guns won’t work without ammunition)”
Where there is a demand, someone will supply it. It’s not like Mexican cartels don’t already have smuggling routes capable of moving tons of product at a time into and around the country. If there are no domestic manufacturers, someone else will step up (probably China, but who knows who else).
On November 6, 2020 at 6:57 am, Frank Johnson said:
Moray eels?
On November 6, 2020 at 9:44 am, Herschel Smith said:
@Frank,
Good editing. Sheesh – two letters and somebody points it out! Corrected. Late night posting after working all day.
On November 6, 2020 at 9:58 am, 41mag said:
Would love to see reloading components to return. Dang it.
On November 6, 2020 at 11:21 am, Houston said:
In theory and in large practice. Any ammunition can be used in either a handgun or a rifle. Stupidity begets stupid law.
The politicians, courts and judges are to blame. No one thinks logically anymore and no one wants to place responsibility where it belongs.
On November 7, 2020 at 9:48 am, Ned said:
You can bet that the lawyers in the Republican Party agreed to write an exception into the law.
As usual, they gave the farm away. All they had to do was say “screw you” to the Democrats – “no exceptions.”
When Democrats decide we need to burn all the books in the library, the Republicans will object and instead agree to gradually burn the books over a 20 year period.
Because – trust the process.