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Court: Shooting Victim Can Sue Gun Maker, Distributor.

Discussion in 'The Okie Corral' started by ERASER, Oct 6, 2012.

  1. ERASER

    ERASER Nyuk,Nyuk,Nyuk!

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  2. JBnTX

    JBnTX

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    Then I'm suing Burger King and McDonalds for making me fat.

    :eat:
     
    Last edited: Oct 6, 2012

  3. ERASER

    ERASER Nyuk,Nyuk,Nyuk!

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    Can someone here who is from Ohio clear something up for me?

    Can an out-of-state- person even buy a gun from a gun dealer in Ohio?

    Even if Ohio doesn't require a "license" to buy a gun, aren't they still required to run a background check based on the 4473 form? If so, why didn't that check find out that he was a felon?
     
  4. oldman11

    oldman11

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    Boy, the communist blood suckers are at it again.
     
  5. TheExplorer

    TheExplorer

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    Can an out-of-state- person even buy a gun from a gun dealer in Ohio?

    That's a federal law, so no.

    Even if Ohio doesn't require a "license" to buy a gun, aren't they still required to run a background check based on the 4473 form? If so, why didn't that check find out that he was a felon?

    Yep. The Ohio statute prohibits any person with any drug conviction from receiving a license, as well as any person convicted of a felony and those who have been convicted of certain misdemeanor crimes of violence within three years.
     
  6. vikingsoftpaw

    vikingsoftpaw DEPLORABLE ME!

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    Only Long Arms. Handguns no. There is boarder state compacts with neighboring states to allow this. This is the case for liecensed FFL holders.

    The article is somewhat vague. It implies that someone was moving firearms 'out the back door'.
     
  7. Sam Spade

    Sam Spade Staff Member Lifetime Member

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    Anyone that can tell me how they got around the "Firearms in Lawful Commerce Act"?
     
  8. Bren

    Bren NRA Life Member

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    No. he can't legally buy a handgun in any other state, no matter what state he lives in. 18 USC § 922. That includes both dealer and individual sales. You may as well say he went to Ohio to buy crack because they don't require a crack license.

    The buy is also suing in New York, even though it looks like none of the parties he is suing had enough contact with New York to allow them to have jurisdiction (personal jurisdiction and service of process being the only issues I have ever litigated in New York).

    Not much chance that will stand up in the long run, for several reasons, including an intervening/superseding criminal act, is my guess.
     
    Last edited: Oct 6, 2012
  9. oldman11

    oldman11

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    IT looks like the attorneys lied to get the judgement through; and either the judge was to dumb to know any better, or just went along with the lie in an attempt to screw gun companies and/or gun dealers and gun owners.
     
  10. jp3975

    jp3975

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    Anyone wonder what would happen if Obama got another justice in the supreme court and this case came before them?
     
  11. IndyGunFreak

    IndyGunFreak

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    Pretty simple just from reading it.... The commerce wasn't lawful.

    This sort of activity wasn't intended to be protected by the act (I suspect you know this)... Selling to felons, illegally selling to out of state residents, likely weren't using 4473's (as this is a clear violation)..

    I'm not sure the manufacturer is liable, but I'd certainly say there's some culpability on the part of the dealer (again, assuming everything in the article is accurate).
     
  12. Drilled

    Drilled

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    This.
     
  13. VA27

    VA27

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    You CAN buy a gun in any state, but it has to be delivered to an FFL in your state of residence before you can take possession of it.
     
  14. boomhower

    boomhower

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    I can see where they are going with this. I don't completely agree unless they can prove that they knew what the dealers were doing. This isn't the old they made the gun used to shoot me lawsuit. They are saying they knew that the guns were being sold illegally. I can see them being allowed to make that argument. Now whether it's true or not is another animal entirely.
     
  15. DanaT

    DanaT Pharaoh

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    So let us expand this. Should Gubmint Motors and the dealer be liable if a dealer sells a car to an illegal alien without valid drivers license and injures someone with a car (this happens more than people believe)?

    Expanding on this, should there be background check to buy a car (i.e. valid license, no DUIs, etc)?
     
  16. GAFinch

    GAFinch

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    Bingo. Get the federal law prohibiting lawsuits on gun manufacturers overturned, then get most or all of them sued out of existence.
     
  17. Sam Spade

    Sam Spade Staff Member Lifetime Member

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    The last is what I was getting at. It's absurd to think that the manufacturer illegally sold to the distributor. Since "distributor" is usually wholesale, it's absurd to think that the distributor illegally sold to the retailer.

    So as presented, there should be no suit above retail under the Act.
     
    Last edited: Oct 7, 2012
  18. Fox

    Fox Varmit Control

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    Democrats have been packing the courts with liberal activist judges for many decades.

    Remember in November.
     
  19. boomhower

    boomhower

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    It's my understanding that they are alleging that the manufacturer and distributer knew the dealer was selling illegally and continued selling supply. If they can prove that, then yes they are partially responsible. Your analogy doesn't quite work, it's not illegal for an illegal to posses a car.

    Oddly enough it's not illegal for an illegal to posses a gun, at least according to the last ICE agent we contacted.
     
  20. M&P Shooter

    M&P Shooter Metal Member

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    Can I sue Obama for destroying my country?