Major Ruling in Connecticut on Protection of Lawful Commerce in Arms Act

[bushmaster1313]

Judge dismisses Sandy Hook families' lawsuit against gun maker | Fox News

This is the lawsuit under which families of murdered children in Newtown, Connecticut sought to hold the manufacturer and gun store liable under the exception that they were negligent in letting a Bushmaster XM15E2S into commerce. In other words, even if acting legally and in good faith, it was automatically negligent to put a post-ban black rifle into the stream of commerce.

The State Judge applied the law as written and found that the defendants were shielded from liability because the negligence exception to the protection of the statute did not apply.

This is a very big deal because it is well know among lawyers that hard cases make bad law.
This is an excruciatingly hard case. Words cannot describe the tragedy.

PLEASE - no posts about who supported the law and who did not.
This is only about the application of the law in this horrific circumstance

 

[Rustyt1953]

I appreciate the info.

Thanks.

 

[lrrifleman]

Bushmaster, tastefully presented!

 

[italiansport]

bushmaster 1313:
I read your post multiple times and I'm still Not exactly sure of your point. Are you saying that the law is misapplied because this is a "hard case"?
Jim

 

[jimbo728]

This law explains why booze manufacturers cannot be sued when a drunk driver kills an innocent person, or many thousands as is the case.
I guess it`s the same reason NH cant be sued for its highway liquor stores.
Im just highlighting an obvious political prejudice against firearms manufacturing companies.
Jim

 

[bushmaster1313]

bushmaster 1313:
I read your post multiple times and I'm still Not exactly sure of your point. Are you saying that the law is misapplied because this is a "hard case"?
Jim

Lawyers know that the same statute can be read by a judge one way under "normal" circumstances and that the same judge could read the same statute the opposite way when a deranged maniac guns down 30 little kids in their classrooms. It's just the way things are. When a case is "hard," for whatever reason, judges are prone to make "bad" legal rulings that establish the law for all cases going forward. We refer to this concept as: "Hard cases make bad law."

 

[federali]

The Sandy Hook Shooting was probably America's most tragic mass killing as it was directed against youngsters. Yet, I agree that the judge made the correct decision.

Anything made can be used as a weapon such as pressure cookers or the recent truck attack killing more than 80 people in France. Aside from baseball bats and tire irons, thousands of people have been strangled with bras or pantyhose, extension cords, phone cords, belts, etc.

If manufacturers were held responsible for the criminal misuse of their products, eventually, civil lawyers would own the world.