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Thread: Bradys try end-run against Protection of Lawful Commerce

  1. #1
    Campaign Veteran skidmark's Avatar
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    Bradys try end-run against Protection of Lawful Commerce

    Basically they are trying two arguments and a whinge all in the same lawsuit. The legal arguments are that the law violates Alaska's 10th Amendment right to whatever it is they claiom Alaska ought to have been able to decide, and that the law "was an affront to the state's judiciary, which was being deprived of the right to decide claims of negligence".

    The whinge is that "[s]ince the law was passed, federal appeals courts in both the 2nd and 9th U.S. circuits have said it is constitutional. Lowy was reminded of this by one of the justices at the hearing in February. Lowy asked the court to reconsider the arguments and reasoning of those courts." In other words, just because we didn't get our way then, we want another chance - regardless of the fact that the matter is pretty much settled law in Alaska and the 9th Circuit.

    Circle up the chairs and grab some popcorn. This ought to be an exciting but short rodeo.

    stay safe.

    http://www.reuters.com/article/2012/08/09/us-usa-shooting-liability-idUSBRE8781JA20120809


    (Reuters) - Recent deadly shootings in Wisconsin and Colorado reignited calls for more gun control in the United States, but one element has been largely missing from the debate: Should gun makers or sellers be held liable? A 2005 law that protects the gun industry from certain lawsuits has been challenged in Alaska in case that may give gun-control activists their next chance to test the law before the U.S. Supreme Court. ....
    An Alaska state judge dismissed the lawsuit in 2010, citing the federal Protection of Lawful Commerce in Arms Act, which prohibits civil claims against gun makers and dealers for the "misuse of their products by others."
    Kim's family is appealing to the Alaska Supreme Court, arguing that the law violated the 10th Amendment of the U.S. Constitution, which says powers not delegated to the federal government are reserved for states or the people. Whichever way the court goes, its decision could be appealed to the U.S. Supreme Court. ....
    A big question in the Alaska case is whether Coday stole the gun or whether Coxe unlawfully sold it to him without conducting a background check. If the gun was sold unlawfully, the lawsuit against Coxe could have proceeded under one of the shield law's exceptions. .... Ultimately, Alaska Superior Court Judge Philip Pallenberg sided with Coxe. He found the Kim family's allegation that Coxe knowingly supplied the gun to Coday was "nothing more than unsupported speculation and conjecture." Pallenberg also ruled that the lawsuit's claim that Coxe ran his store negligently was barred under the Protection of Lawful Commerce in Arms Act.
    In February, Jonathan Lowy of the Brady Center, an attorney for the Kim family, argued to the Alaska Supreme Court that the law was an affront to the state's judiciary, which was being deprived of the right to decide claims of negligence.
    But the Kim family's constitutional arguments may be a long shot. Since the law was passed, federal appeals courts in both the 2nd and 9th U.S. circuits have said it is constitutional.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

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  2. #2
    Regular Member The Airframer's Avatar
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    Quote Originally Posted by skidmark View Post
    Circle up the chairs and grab some popcorn. This ought to be an exciting but short rodeo.
    It's better to have it and not need it then to need it and not have it...

  3. #3
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    Programs! Programs! Can't tell the cows from the cowboys without a program!

    (Heard at the Omak Stampede and Suicide Race, program vendor hawking, when I was kid selling hot dogs)

  4. #4
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    SCOTUS already knows that our 2nd amendment right will result in deaths ... they said so in Heller or McDonald when the guberment used the "safety" issue argument.

    Sad, but freedom isn't free.

    We have decided that our freedoms are worth the risk. The Brady folks are welcome to live underground in darkness is they like...no one will bother them.

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