2A - BIG Court Win: Armslist.com isn’t liable for murder of an Illinois woman!

2A - BIG Court Win: Armslist.com isn’t liable for murder of an Illinois woman!

This is a discussion on 2A - BIG Court Win: Armslist.com isn’t liable for murder of an Illinois woman! within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Real Title of Article: Judge Dismisses Suit Against Online Gun Marketplace. Wall Street Journal August 2, 2013, 6:40 PM. By Jacob Gershman My Comments: Precedence ...

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Thread: 2A - BIG Court Win: Armslist.com isn’t liable for murder of an Illinois woman!

  1. #1
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    2A - BIG Court Win: Armslist.com isn’t liable for murder of an Illinois woman!

    Real Title of Article: Judge Dismisses Suit Against Online Gun Marketplace.
    Wall Street Journal
    August 2, 2013, 6:40 PM.
    By Jacob Gershman

    My Comments: Precedence has been set! Even if there is an appeal........we have the upper hand!

    ....The lawsuit was brought by the Brady Center to Prevent Gun Violence on behalf of the brother of Jitka Vesel, a 36-year-old immigrant shot and killed in 2011 by a Russian immigrant living in Canada. Gun-control advocates said the legal challenge was the first of its kind.

    ....“The Court finds that Defendant owes no duty to the general public to operate its website to control private individual users’ sale of handguns,” the judge wrote.

    My Comments: Where do I send the Judge a fine bottle of Scotch? An actual sitting Judge with good judgement?!?!

    .....The Brady Center argued that Armslist endangered public lives by designing a website that “encouraged” people to buy illegal guns. Judge Norgle called the argument “speculative,” saying Armslist “has no involvement in the sales transaction of the products, including firearms, merely advertised on the website.”

    .....The judge also noted that people who visit Armslist must first click through a terms-of-use disclaimer and agree to comply with state and federal gun laws.

    Judge Dismisses Suit Against Online Gun Marketplace - Law Blog - WSJ
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    Member Array ScubaSteve08's Avatar
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    Just wait till they try to do this with ammo manufacturers. Especially hollowpoint producers.
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    The best way to stop incoming fire is accurate outgoing fire.

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    .....The Brady Center argued that Armslist endangered public lives by designing a website that “encouraged” people to buy illegal guns. Judge Norgle called the argument “speculative,” saying Armslist “has no involvement in the sales transaction of the products, including firearms, merely advertised on the website.”
    Hard to claim a telephone pole has any liability contribution (since a classified ad gets stapled to it), simply because someone trips at the advertised barbecue gathering, or buys the product in question then commits felony murder with it, or ... But then, telephone poles don't have deep pockets. It's about the money, the power and control.

    Glad to see some measure of sanity in the courts. Glad to see the knee-jerks didn't sway rational judgment, at least this time. The Brady Bunch knows full well that with stupidity on the rise and the age of the politically-motivated "judge" on the bench, it's only a matter of time before they get their way with these things. At least, that's the plan. Nicely, the vampires got shoved in the coffin, this time. A win for rationality, I'd say.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
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    U.S. District Judge Charles Norgle of Illinois dismissed the wrongful death claim this week, concluding that Armslist can’t be held responsible for the criminal conduct of its users.
    District Court. Nice.
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    Endangering public lives. There you have it.
    There is a solution but we are not Jedi... not yet.
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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by Doghandler View Post
    Endangering public lives. There you have it.
    "The classified ads made me do it."

    - Felon on D Block, claiming why he was the perp in the infamous Mo' Slaughter killings, last year.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

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    Quote Originally Posted by Doghandler View Post
    Endangering public lives. There you have it.
    Avowed atheist, Votaire, is quoted as saying that if he had one prayer, it would be, "God, make my enemies ridiculous."
    Americans understood the right of self-preservation as permitting a citizen to repel force by force
    when the intervention of society... may be too late to prevent an injury.
    -Blackstone’s Commentaries 145–146, n. 42 (1803) in District of Columbia v. Heller, 554 U.S. 570 (2008)

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    VIP Member Array Doghandler's Avatar
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    My section boss is retiring at the end or the year. I haven't decided what to call her when the last handshake arises, a pimp or a whore.

    ouch!

    How 'bout I just avoid the ceremonial scene entirely. That would be consistent with my prehistorical notion of burning the corpses, all of them. Hey, fire wood 'ain't cheep!
    There is a solution but we are not Jedi... not yet.
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    Distinguished Member Array technomonster's Avatar
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    the Brady center ought to be fined for wasting the courts time.
    Tzadik likes this.
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    Quote Originally Posted by technomonster View Post
    the Brady center ought to be fined for wasting the courts time.
    I wonder how many frivolous lawsuits would go away if the parties upon losing had to pay all lawyer fees and court costs
    Tzadik likes this.
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    Distinguished Member Array technomonster's Avatar
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    Quote Originally Posted by dukalmighty View Post
    I wonder how many frivolous lawsuits would go away if the parties upon losing had to pay all lawyer fees and court costs
    i think that's actually fairly common for the winning party to demand legal fees from the other but it's not automatic. this one was dismissed outright, so they really had no case at all. a real waste of everyone's time, which i think is part of the Brady strategy. to try and sue the gun industry out of business, especially the small ones who can't afford a legal battle. just bogging them down with junk law suits that they know will go nowhere.

    didn't W Bush pass a law preventing this type of garbage? cant remember the name. PROTECTION OF LAWFUL COMMERCE IN ARMS ?
    “Show me a young Conservative and I'll show you someone with no heart. Show me an old Liberal and I'll show you someone with no brains.” Winston Churchill

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    Quote Originally Posted by ScubaSteve08 View Post
    Just wait till they try to do this with ammo manufacturers. Especially hollowpoint producers.
    If they can control the ammo supply gun control will be irrelevent.
    blitzburgh likes this.

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    I'm glad for Armslist but these frivilous lawsuits can destroy a small entity like Armslist even if they are dismissed in summary. The overhead cost of legal services, for an entity like Armslist that probably doesn't generate $2k a year in ad revenue, is horrendous. The main business I operate today doesn't make enough money to even begin to afford anything beyond annual retainer fees and periodic reviews. If we had to defend against such a suit, we would be done win or lose.

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    An excellent example of the clear need for loser pays in this country. The Brady Campaign, being massive losers, very much need to pay for what they've already done.
    Warrior1256 likes this.

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