Lawsuit against gun maker, seller allowed to proceed in Mt. Pleasant shooting case

[D Bear]

https://triblive.com/local/westmorel...shooting-case/

Not positive news because it would be a very slippery slope if you could ever hold a gun manufacturer responsible for a death from a fully functioning firearm. Very surprised the case was allowed to proceed and love the use of the word clip throughout the article.

[RETG]

I'll get worried if this decision is upheld at the top of the court's pyramid.

[Aguila Blanca]

“The act immunizes the gun industry from every conceivable type of joint and comparable liability known to the common law,” the court wrote, even if a product is faulty and causes harm.

I don't think the law actually does that, especially if a firearm is defective. In this case, the product was not defective. Lack of a magazine disconnect/safety is not a defect, it is a design decision.

[Sharkbite]

Very few guns have magazine disconnects.

No Glocks, no S&W striker fired, no Beretta, no HK, no 1911.

The only guns i can think of that DO are the older hammer fired S&W and Browning Hi-powers. So what is that? Like 95% of guns DONT have mag safeties?

Hard to make a claim its a design defect when the vast majority of similar products dont have that in the design.

[Aguila Blanca]

Originally Posted by Sharkbite

Hard to make a claim its a design defect when the vast majority of similar products dont have that in the design.

See? THEY'RE ALL DEFECTIVE !!!!

[JN01]

”We hold that merely because, at some point in time, that gun passed through interstate commerce, does not give Congress perpetual authority to regulate any harm it may cause.”

If that is true, then shouldn't most Federal gun control laws be struck down?

[Aguila Blanca]

”We hold that merely because, at some point in time, that gun passed through interstate commerce, does not give Congress perpetual authority to regulate any harm it may cause.”

The Congress might disagree.

[44 AMP]

”We hold that merely because, at some point in time, that gun passed through interstate commerce, does not give Congress perpetual authority to regulate any harm it may cause.”

The Congress might disagree.

Hell, I disagree!

I was following the argument and reasoning that it should be a local matter, up until this...

“This is especially true where, as here, the product kills someone who did not even purchase it.”

The PRODUCT worked EXACTLY AS DESIGNED!!

Personally I find such legal actions to be a combination of grief fueled desire to punish (obtain a degree of vengance) and of course greed, pretending to be business.

The gun did it!! When a court has made up its mind that is the case, its a sad day for the world, indeed.

According to the linked article the 14 yr old who pulled the trigger served "more than a year" in juvie. How is it right to hold a gun maker and a seller responsible because a 14 yr old doesn't know, or doesn't follow fundamental safety and a tragic death results?

Just seems to me that if a 14yr old took my car (without permission) and ran over my son, killing him, it would be Ford's fault? And the dealership I bought the car from?

I just don't see it....

[ghbucky]

The gun did it!! When a court has made up its mind that is the case, its a sad day for the world, indeed.

You know as well as I do that the reason for this type of case being litigated over and over has nothing whatsoever to do with justice, logic, or reason.

[shurshot]

Actually, some Beretta .380's (84 series, etc), do have the magazine disconnect.

[heyjoe]

Seecamps have magazine disconnects

[44 AMP]

You know as well as I do that the reason for this type of case being litigated over and over has nothing whatsoever to do with justice, logic, or reason

And yet, it is not just being allowed to proceed, but the previous ruling tossing the suit out has been overturned.

[Metal god]

All new model guns sold in CA have mag disconnect , it’s a requirement to be sold in CA . My S&W shield has one , my Rugger 22/45 has one and my Ruger 45acp has one .

[raimius]

Sounds like the court made nonsensical arguments that go against the text of the PCLAA, the intent of the PCLAA, and standing SCOTUS interpretation of the interstate commerce clause, not to mention logic...
I can't see that standing on appeal.

[Frank Ettin]

It is a waste of time to try to discuss a legal issue based on a news article reporting a court action. News articles get things wrong and leave out important details. We must have the court's written decision.

And folks keep forgetting that the immunity provided by the PLCAA is subject to a bunch of conditions and there are a number of exceptions. Whether those conditions or exceptions apply is often a matter of dispute and will need to be decided in court.

If someone can supply the court's decision, he can start a new thread, and we can discuss the court's decision in an informed manner.

[Tom Servo]

I've opened a new thread here with a direct link to the decision.