Lawsuits Against Gun Sellers: The Next Line Of Attack On Gun Rights?
BY Herschel Smith
10 years, 6 months ago
The families of four New York state firefighters are suing St. Paul-based Gander Mountain, alleging that the retailer could have prevented a “straw buyer” from purchasing a rifle used in a deadly Christmas Eve 2012 ambush.
The suit, which has the support of prominent gun control advocates, said the rifle used in the bloody predawn incident should never have been sold to a woman who came to a Rochester, N.Y., store in June 2010 with the eventual shooter at her side.
The families said in a joint statement that they originally believed the four had been shot in “yet another random act of violence. … But as time went by, new and very troubling facts emerged. These facts suggest that the loss we have endured could have been avoided. If only the store had acted responsibly.”
A spokesman for Gander Mountain, the nation’s largest outdoors outfitter, said the company had been forthcoming in the investigation and is committed to safety.
“We will vigorously defend ourselves in this matter,” spokesman Jess Myers added.
Shelley Leeson, who heads the Twin Cities Gun Owners & Carry Forum, said trying to hold Gander responsible for the incident was “bogus.” She accused the advocates behind the suit of “playing the emotions of the victims’ families to further their gun control agenda to punish manufacturers and retailers.”
She added that it appears Gander Mountain followed the legally required procedures for the sale and “cannot be held responsible for second-guessing the intentions or future actions of every purchaser.”
To be fair I don’t know the facts of the case, but no gun seller can reasonably be held responsible for lying on form 4473.
Is it any wonder that this lawsuit is ensconced firmly in New York? And is it any wonder that Remington is moving much of their operations to Huntsville, Alabama?
As for Remington, I’ll purchase a Remington shotgun when they move their operations out of New York for good and never return to that communist state.
UPDATE: Quite obviously, I had a bad misspelling in the subject line. That’s rare for me, but it does happen when posts are made late at night. I’ve corrected the title, but for those who use URL names sent via e-mail to read these links, I apologize for the correction, which will change the URL.
On May 21, 2014 at 8:30 am, Paul B said:
Even if you win the law suit, which should be a slam dunk based on the 4473, you still could be beggared by the lawyers. Putting a lawyer in political office is just asking for trouble.
On May 21, 2014 at 11:12 am, Archer said:
I agree it’s unreasonable to hold a gun seller responsible for the actions of its customers.
However, it’s not the first time it’s happened. Heck, it’s still happening to the Reese family in New Mexico (?), which David Codrea has attempted to cover extensively. The only difference between Gander Mountain and the Reeses is that Gander Mountain is undergoing a civil suit, and the Reeses are being charged with and convicted of the “crime” of “should have known the customers were lying” on the 4473.
Still, shouldn’t the Gander Mountain suit be dismissed under the PLCA?
On May 21, 2014 at 4:21 pm, B.Rubin said:
Next…car dealers and manufacturers sued for drunk driving deaths……