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Thread: And they say we are unsafe

  1. #1
    Regular Member
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    Sep 2009
    Lemon Grove, Ca.

    And they say we are unsafe

    A retired Los Angeles police officer who sued a gun maker after his 3-year-old son shot him had his lawsuit dismissed Friday by a Los Angeles Superior Court judge.

    Enrique Chavez, now 39, of Anaheim, was off-duty when he was shot on July 11, 2006, while driving his Ford Ranger near Harbor Boulevard and La Palma Avenue. His son, who was not in a car seat, got a hold of the father's .45-caliber Glock while sitting in the back seat and shot him in the back, according to police reports.

    Chavez was left paralyzed from the waist down.

    In July 2008, he sued Glock, alleging that the gun's safety was "non-existent or ineffective."

    In addition, the suit alleges negligence on the part of Uncle Mike's, the company that made the gun's holster; Turner Outdoorsman, the store where he bought the holster; and the Los Angeles Police Revolver and Athletic Club, where the officer purchased the gun.

    In dismissing the suit, Los Angeles Superior Court Judge Kevin C. Brazile cited an "exhaustive review" of the gun's safety conducted by the Los Angeles Police Department before a purchase.

    Chavez's attorney, Ian Herzog, argued that the LAPD review doesn't mean the gun is actually safe.

    "If you're correct about that, it amounts to a revolution in products liability," Herzog told the judge.

    Herzog argued that a jury should have been allowed to make that decision.

    The defense had argued that Chavez admitted he forgot the gun was in the back seat when he put his son in the truck.

    Brazile also dismissed the portion of the suit directed at the holster manufacturer and seller.

    "There's nothing inherently dangerous about the holster," the judge said. "It's the gun that's dangerous."

    City News Service and staff writer Michael Mello contributed to this report.

    Contact the writer: or 714-704-3782
    Last edited by Chrisc411; 08-14-2010 at 05:12 PM.

  2. #2
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Jun 2008
    No criminal charges against the police officer. Not that I'm saying charges should be filed against a man who was paralyzed due to his own negligence, I'm just pointing it out.

  3. #3
    Regular Member coolusername2007's Avatar
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    Jun 2009
    Temecula, California, USA
    Imagine that...another cop who hates guns, gun manufacturers, gun retailers, and gun accessories manufacturers. Why didn't he just sue the bullet manufacturer?! The gun didn't paralyze him, the bullet did! What a moron for forgetting about a dangerous weapon in the family vehicle and then blaming everybody else. I feel the pain he doesn't.

    Poor kid though, really, I bet he's had a hard time. Though, I bet his dad would have sued him if the wife and attorney would have let him.

  4. #4
    Regular Member 1245A Defender's Avatar
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    Jul 2009
    north mason county, Washington, USA

    safe action pistols

    i understand the idea behind this notion,
    but the only safety a glock has is the little flipper lever on the trigger,
    this discharge cant even be called an accident.
    the glock worked as well as any gun should work!
    any child thats seen TV knows that you pull the trigger..
    there is no way to try to pull the trigger without inadvertently defeating that little flipper lever.
    an XD is just like a glock, but with a grip safety,
    still the same thing will happen,
    even a child using both hands to hold and grip a gun will have both thumbs on the back strap,
    and two fingers pulling on the trigger!!!
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  5. #5
    State Pioneer ConditionThree's Avatar
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    May 2006
    Shasta County, California, USA
    Mr Chavez is a D bag regardless of his prior employment as a peace officer.

    I'm sorry he had suffered this tragedy, but many people have made mistakes in their lives and have to live with the consequences. Recently a local man lost his daughter when she drowned in rapids in Clear Creek. He was repeatedly warned that he should not take his daughters down this section of the creek, she had expressed her fear of going, and no one was wearing life vests. He is now facing charges in his 11 year old daughters death.

    While I dont agree with the application of charges against this individual, this person is not filing a lawsuit against the raft company, or the people that couldnt protect his daughter, or the emergency medical responders for not being able to revive her.... because he knows that the course of events was not set up by anyone but himself.

    Mr Chavez is a coward for not fully accepting the blame for his negligence- he is the reason we face more and more government intrusion with the regulation of firearms and more costly firearms when suits like this become sucessful. I hope that Mr Chavez lives a very long life to see his son grow to be a better man than he is. As it is, he will never be able to leap to his feet to cheer his son on, never be able to hug his son while standing, or teach his son to drive. I hope he can live with that, and understand that this is a direct result of his own negligence- no one else's.
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