Gun Control & RKBA

branford

(4,462 posts)

37. The complaint reads like a press release, and has little substantive value.

Tue Feb 23, 2016, 04:02 PM

Feb 2016

As a commercial litigator, it would be far more informative on the merits of the case to read the papers submitted on the current motion to dismiss filed by all sides of the litigation. Unfortunately, I was unable to locate them on a cursory search and don't have time at the moment for greater effort. Never just read the papers of the side you agree with. It's a lazy and incomplete effort at bias confirmation that leads to nothing but disappointment.

Further, apart from obvious impediments like sovereign immunity and separation of powers, what do you believe would be viable causes of action against various legislatures? Are you actually suggesting legislatures have a legal obligation to ban certain anything, no less products explicitly protected under the Constitution? If so, that's really not how our government works.

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Sandy Hook Parents Suing Firearms Manufacturer [View all] TeddyR Feb 2016 OP

Any suit which would be thrown out based on the PLCAA is a very weak suit. JonLeibowitz Feb 2016 #1

It makes me so sad there is no recourse. This is not the way to go. onecaliberal Feb 2016 #2

I agree, this isn't the way to go. Better to secure public bldgs.... Eleanors38 Feb 2016 #15

Some slimy lawyer has sold these poor parents a very large bill of goods tularetom Feb 2016 #3

If/when they lose they will also be liable for the court costs and legal fees of the gun makers DonP Feb 2016 #4

Their case is meritless, PLCAA or no PLCAA friendly_iconoclast Feb 2016 #6

Yup, like suing General Motors for facilitating the murders ... DonP Feb 2016 #7

By the logic of the suit sarisataka Feb 2016 #14

Good to see... scscholar Feb 2016 #5

Nothing has actually been accomplished by this, and probably won't be friendly_iconoclast Feb 2016 #9

The only thing being done is that some ambulance chasing shyster lawyer GGJohn Feb 2016 #16

Don't be surprised if the CT state judge refuses to dismiss the case. branford Feb 2016 #17

There is only one salient difference between the Sandy Hook gun and the flamin lib Feb 2016 #8

Just like the M1 rifles that you are authorized to have shipped directly to your house: friendly_iconoclast Feb 2016 #12

You don't feel the removable magazine feature of an M-14/M-16 jmg257 Feb 2016 #22

M1 Carbine, also shipped to your door from the CMP uses 20+ round magazines DonP Feb 2016 #24

Lots of mass shootings with M1 Carbines these days? Or M-1s , or '03s for that matter? jmg257 Feb 2016 #25

Not that many with the AR15 either DonP Feb 2016 #26

If you were going to arm yourself to be part of a well-regulated militia, jmg257 Feb 2016 #27

"Militia membership" is irrelevant to gun ownership DonP Feb 2016 #28

Well that hardly answered the question, which had little to do with the jmg257 Feb 2016 #29

5.56, 9mm and .45 ACP - common calibers DonP Feb 2016 #30

Yes - you certainly would want some commonality. Top of my list would also be effectiveness, jmg257 Feb 2016 #31

All rifles combined accounted for 248 reported murders in 2014, out of ~12,000. benEzra Feb 2016 #65

It was a close guess, I must have been thinking about 2008 or so DonP Feb 2016 #68

No, the 8 round enbloc clip can be changed just as fast Lurks Often Feb 2016 #33

I guess I don't practice enough - I admit there is no way I can jmg257 Feb 2016 #34

It's all in the reload, I've gotten 25-30 rounds out of a 5 shot pump shotgun Lurks Often Feb 2016 #48

Sweet! Very good! I saw video of some guy doing reloads with a Beretta 1301 (SA), jmg257 Feb 2016 #49

That one alleged difference could prove dispositive. branford Feb 2016 #18

I disagree TeddyR Feb 2016 #21

Don't mistake my quick comment as either in-depth analysist branford Feb 2016 #32

Understood TeddyR Feb 2016 #38

When available, the choice of federal or state court involves many factors. branford Feb 2016 #39

The federal judiciary may in fact be anti-gun rights TeddyR Feb 2016 #42

The federal judiciary is usually far more resistant to case politics branford Feb 2016 #43

Perhaps TeddyR Feb 2016 #47

I don't litigate in CT, and am unsure. branford Feb 2016 #50

Regarding the Sandy Hook gun discntnt_irny_srcsm Feb 2016 #35

No tactical advantage to having a weapon with a large capacity removable magazine? jmg257 Feb 2016 #36

IMHO not a substantial tactical advantage discntnt_irny_srcsm Feb 2016 #40

I agree somewhat when facing unarmed 1st graders there is no large advantage jmg257 Feb 2016 #44

Not that it's any consolation but Lanza was dropping half-spent magazines. Nuclear Unicorn Feb 2016 #53

Noted. Wonder if he was expecting to deal with LE 'at any moment'. jmg257 Feb 2016 #56

"Meaning his magazines were still half-full." discntnt_irny_srcsm Feb 2016 #59

I heard once that a mathematician and an engineer were placed in a room with Nuclear Unicorn Feb 2016 #61

Engineers tend to be practical discntnt_irny_srcsm Feb 2016 #62

Lawsuit lottery leeches...anything for a buck. ileus Feb 2016 #10

There's no lottery to be won here. Only COLGATE4 Feb 2016 #11

The lawyer, not the parents and survivor. *They* seem sincere, if misguided friendly_iconoclast Feb 2016 #13

Prepare to lose and have the court costs billed to you. linuxman Feb 2016 #19

How come the government never gets sued for the guns they lose or sell; that get misused? JonathanRackham Feb 2016 #20

Here's the complaint, an interesting read, and the current status: jmg257 Feb 2016 #23

The complaint reads like a press release, and has little substantive value. branford Feb 2016 #37

Huh - I thought this indicated the plaintiff's argument - whose "side" I don't agree with, BTW. jmg257 Feb 2016 #41

Ah, I misunderstood you perspective. branford Feb 2016 #45

Ah - gotcha - thanks for the heads up on this complaint...that I did not know. jmg257 Feb 2016 #46

In fairness, a particular gun could still to found to have a design defect branford Feb 2016 #51

i hope they win the lawsuit MariaThinks Feb 2016 #52

Odds of them winning are probably about 1% Travis_0004 Feb 2016 #54

true- the odds of people getting slaughtered by guns is much higher MariaThinks Feb 2016 #58

Not true at all, GGJohn Feb 2016 #60

No. Travis_0004 Feb 2016 #63

And since we are talking about rifles, the actual number is less than 300/year. (n/t) benEzra Feb 2016 #66

False - the chance of being a victim sarisataka Feb 2016 #64

Pure, uncut mendacity. NT pablo_marmol Feb 2016 #69

In my mind it's awfully simple. Elmer S. E. Dump Feb 2016 #55

"It has to be understood................. pablo_marmol Feb 2016 #57

Whoever wrote that complaint was too ignorant to write a more effective one. benEzra Feb 2016 #67