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August 14, 2014, 02:57 PM | #1 |
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Seventh Circuit says ArmsList not liable for listing a gun used in homicide
The Seventh Circuit has held ArmsList had no civil liability to a murder victim who was killed by a gun unlawfully obtained after viewing an ad on ArmsList. The buyer was a Canadian who saw an ad on ArmsList listing a gun for sale in Washington state. After he purchased the gun, the buyer stalked and killed the female victim in Illinois. The Seventh Circuit held that under Illinois law, one does not have a duty to protect another from a criminal activity absent a special relationship between the parties. Here, ArmsList had no relationship at all with the buyer-shooter.
This was a lawsuit brought by the Brady Campaign so chalk this up as a win for all of us. If they had won, it could have spelled the end of GunBroker and other firearms listing sites. There's an article with the main portions excerpted at The Volokh Conspiracy. The full opinion is at http://media.ca7.uscourts.gov/cgi-bi...:N:1398359:S:0. |
August 14, 2014, 09:15 PM | #2 |
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I didn't know the Bradys were still trying to keep this one in play. Last year, the District Court dismissed their case [pdf].
And what of Brandon Ladera, the guy who sold the gun despite knowing the transfer was illegal? He got 14 months. That is what the gun-control folks should be griping about.
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August 14, 2014, 09:21 PM | #3 |
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How is it that the Canadian was able to purchase a gun in the U.S.?
Oops. Never mind. I see that the seller knew it was illegal, in which case one wonders why didn't he get the full 10 years.
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August 15, 2014, 07:45 AM | #4 |
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Tom, not to pick nits but, he only got 1 year in prison and 3 years probation.
"A Kent, Washington man was sentenced today in U.S. District Court in Seattle to one year in prison and three years of supervised release" Too bad the Philly girl who got caught in NJ with a gun didn't get the same prosecutor. |
August 15, 2014, 11:35 AM | #5 | ||
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August 15, 2014, 11:48 AM | #6 |
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That just means you do live in the U.S. in some legal form. This guy lived in Canada.
Last edited by NJgunowner; August 15, 2014 at 12:44 PM. |
August 16, 2014, 11:20 PM | #7 | |
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Quote:
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August 17, 2014, 07:02 PM | #8 |
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MTT TL, add "didn't commit one of the local DA's pet peeve crimes/re-election issue crimes."
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