Legal Issues

Collective Punishment 2019

Gavel with American flag

On pie day, in a 4:3 vote, a court granted anti-gun advocates a Holy Grail item. They were handed the keys to the kingdom to sue every gun manufacturer and put them out of business.
In litigation stemming from the Sandy Hook shooting, a Superior Court reinstated the wrongful death suit against Remington. Dirtbag #11 chose to utilize a Bushmaster AR for his carnage.

A lower court previously dismissed the suit as being prohibited by the 2005 federal law (Protection of Lawful Commerce in Arms Act) against such suits. The basis of that law is that a manufacturer is not responsible for the illegal end use of its products by a customer.

Remington Logo
In litigation stemming from the Sandy Hook shooting, a Superior Court reinstated the wrongful death suit against Remington.

Here are a couple of non-gun-related examples of how the 2005 law would work. It would not protect a tobacco or alcoholic beverage company intentionally marketing its products to minors, as that would be an attempt to circumvent other existing laws. It would protect Ford and Dodge from DUI lawsuits or Duct tape from liability in kidnapping attempts. Remington would be no different from Ford or Duct tape in this case.

The appeals court invalidated that law, which was specifically passed to protect gun companies from such legislation. As I am sure most of you are aware, Dirtbag #11 murdered his mother to obtain the Bushmaster in question. Thus, he did not purchase the firearm from Remington or an authorized reseller of Remington products. He literally committed murder to procure the product and the court determined that as Remington’s fault because of “aggressive advertising practices.”

Justice Richard Palmer wrote for the majority, “The regulation of advertising that threatens the public’s health, safety, and morals has long been considered a core exercise of the states’ police powers.”

The court also referenced Dirtbag #11’s deteriorating mental health, his preoccupation with violence and death as a reason for not allowing him to have access to firearms. That Dirtbag #11 should not have had access to firearms is correct, but how is that a fault of Remington? Again, he murdered his mother when she denied him access to her legally owned firearms.

Gavel with American flag
Justice Richard Palmer wrote for the majority, “The regulation of advertising that threatens the public’s health, safety, and morals has long been considered a core exercise of the states’ police powers.”

This must and will be overturned. However, that is not the true issue here. The continued financial drain of fighting these lawsuits, bad press, and necessity of Remington to focus so much corporate energy on fighting this are the true penalty. The process is the penalty.

When this wrings itself out, our shortsighted federal lawmakers need to include an enforcement clause for such “process as penalty” suits. When the claim eventually is dismissed, the plaintiff should pay the defendant’s legal fees in triplicate, possibly adding in lost sales, goodwill, and other associated costs. If the plaintiff is not deep-pocketed enough to shoulder that burden, it must fall on the shoulders of the lawyers bringing the banned suit.

I won’t even talk about the cost of the tar and feathers for the activist judges involved.

How do you think the judge’s ruling, and the threat it poses to manufacturers of firearms, should be handled? The proverbial tar and feathers? The ballot box? Information campaigns? Share your answers in the comment section.

The Mission of Cheaper Than Dirt!'s blog. "The Shooter's Log", is to provide information - not opinions - to our customers and the shooting community. We want you, our readers, to be able to make informed decicions. The information provided here does not represent the views of Cheaper Than Dirt!

Comments (17)

  1. Seattle socialist
    Then all of you will loose your rights to drive your Prius’ or other strip mined for battery cars as well. If private property can be confiscated, your toy car and your house will follow suit. I think we should take your logic one step further and ban the practice of medicine. 250K people die from Malpractice every year only roughly 40K each be Firearms and Auto’s. Next will come more of King counties blatant stupidity and let’s outlaw cars as someone may drive drunk 10 years into the future. Good grief! How about this; every time a mass shooting occurs, lets punish those who made the “Gunn free zones” and lets prosecute for malfeasance the govt. employee or employees who did not do their jobs and allowed it to happen. Or maybe as an accessory in the case of the coward from Broward.

  2. Seattle Socialist, stirring the pot as usual. For all readers that don’t know, he is a hard core MAGA boy that thinks himself a clever fellow. As for the article subject matter, the Mother of Dirt bag #11 is actually responsible for the shootings and it has nothing to do with ownership of the firearms. She brought the dirt bag into the world and that is a fact. No birth, no dirt bag. Let’s put the blame where it really belongs and leave Remington arms alone. I mean this just takes a little common sense to arrive at the responsible party.

    1. Well, so I finally encountered someone with enough primitive cunning to realize that the only way to insult me that actually offends me is to imply that I’m one of you treasonous Trump supporting Russia and NRA morons. Well played, for a moron.

      Naw, every time the firearms industry even remotely implied that buying an AR or other militarized semi-auto made you manly, and not announced to the world you need Viagra, they encouraged the mentally unstable to commit crimes, and so should be responsible for any deaths. Keep one thing in mind. Whether the 2A provides a personal right to own firearms, there is no debate that it does not guarantee a right to sell weapons for profit. We can repeal that stupid law blocking lawsuits against gunmakers, and if the Supremes rule that the 2A protects gun manufacturers as well, they will establish precident to ban all state laws regulating abortion clinics.

  3. I like the author’s resolution suggestion in the final paragraphs. It is the only just conclusion to such disregard of the Constitution. Elected officials and appointed judges need to be held accountable for such stupidity.

  4. Only if the “aggressive advertising practices” specifically focused on using their product for illegal purposes could Remington, in the farthest reaches of logic, be considered liable. Similarly, if Ford advertised its Explorer as being well-suited for driving through a crowd, then they could be cited if someone actually bought one and did that. Absent that proof of illegal intent, there is no way they can be liable. When Remington wins this suit, they could counter-sue whomever initiated it for legal fees and damages.

  5. So looking forward to January 2021, when a Democratic president is sworn in, with a Democratic House and Senate to back then up. Arms merchants will lose their special rights, center-fire semi-automatic rifles will become NFA weapons just like machine guns, and that NFA tax stamp will become an annual fee, not a one time cost. Going to be so nice to watch all you right-wing nut-jobs losing your toys and manhood compensators because you chose to make guns a partisan issue, and backed the losing party.

    Oh yeah, I love the Socialist Revolution that is sweeping the coasts!

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