Nevada Carry
  • Home
    • Contact >
      • FAQ
    • Safety
    • Search
  • Blog
  • Open Carry
    • Open Carry Safety
    • Open Carry and the Constitution
  • Concealed Carry
    • How to Get a CCW
    • Carrying on a CCW
  • Car Carry
  • Local Laws
    • Public Buildings
    • Blue Cards
    • Preemption History
  • Self-Defense
  • Buying and Selling Guns
    • Universal Background Checks
  • Other States
    • CA Carry

Nevada Carry Blog
For full archive, see the Blogspot archive

Supreme Court Balks on Remington Sandy Hook Lawsuit

11/13/2019

 
Picture
Joe Ravi, CC-BY-SA 3.0
​By now, we know that the US Supreme Court refused to hear the case Remington over the Sandy Hook massacre. The court should have dismissed the suit as being preempted by the federal Protection of Lawful Commerce in Arms Act, which was intended to keep gun manufacturers from being sued by a criminal’s act using the firearm.
 
Allowing a victim to sue a manufacturer would be like allowing Ford to be sued because a drunk driver injured someone while behind the wheel of an F-150. Using the car analogy, it’s ridiculous to think Ford bares liability for someone’s criminal use of their vehicle. But because we have so stigmatized firearms somehow “it’s okay” to sue them.
 
The actual Connecticut Supreme Court ruling allow the suit to proceed forward because Remington’s advertising “might” violate state fair trade laws. What the US Supreme Court’s decision does is allow the actual trial to go forward.
 
One of the ads in question was “Consider your man card re-issued,” (imply the purchase of an AR-15 did that). Of course, the plaintiff would have to prove that Lanza saw the ad and was somehow influenced by it. It’s a difficult bar to reach because he is dead and took pains to destroy and information regarding motive. Also, the weapon was never purchased by Lanza. Instead, he murdered her and stole her firearms.
 
Even the Connecticut Supreme Court found that proving a violation might be problematic. The plaintiffs will likely lose at trial against Remington. That’s the one upside to all of this; the suit is obviously ludicrous. An appeal going forward would probably be supported not on the PLCAA, but free speech grounds. Nevertheless, it’s all about precedence and forcing gun makers to spend money defending this crap.
 
The problem for firearm manufacturers and the PLCAA is that the US Supreme Court not squashing this case summarily provides encouragement to anti-gunners to file lawsuits to try and exploit and crack they can. The incrementalism strategy of gun control is very dangerous in this regard, especially if the US Supreme Court waffles on future appeals. The plaintiffs should have been slammed down hard because this case was an affront to federal statutes.
 
The court should have shut this down on principle because at the heart of the challenge is this kind of find-a-weakness attack on the PLCAA. Our system of judicial review is being used against us and the court is too morally weak to think strategically. Oddly, courts wrap themselves narrowly in precedence and narrow reading but also exercise their own feelings and politics when it comes to decisions. On one day, they are too conservative with the law and the next they decide purely based on emotion and politics.
 
The idea of judicial review puts the ultimate power of everything in the hands of the Supreme Court making the nine robed “sages” our masters instead of a proper separation of powers. We cannot rely on courts to “save” our rights. Our rights are God-give and inherent. A court ruling is only a means to an end. We are also at the decline of American constitutional government and jurisprudence. No matter what favorable ruling we might get, it’s only a means to an end. We all know that one day we will have no other recourse than the ammo box. 
Picture

Comments are closed.

    Archives

    July 2022
    June 2022
    May 2022
    April 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    April 2017
    December 2016
    November 2016
    August 2016
    July 2016
    April 2016
    March 2016
    February 2016
    January 2016
    May 2015

    Categories

    All
    Campus Carry
    Ccsd
    Schools

    RSS Feed

    Blogspot Archive
    Blog roll
    Clayton E. Cramer
    Gun Watch
    Gun Free Zone

    The War on Guns
    ​Commander Zero
    The View From Out West
 This does not constitute, nor should be implied as, legal advice. Always seek an attorney's advice and consult state and local laws yourself. User assumes all liability for use of the information provided here. Site has been reviewed by certified instructors. Copyright 2022.
  • Home
    • Contact >
      • FAQ
    • Safety
    • Search
  • Blog
  • Open Carry
    • Open Carry Safety
    • Open Carry and the Constitution
  • Concealed Carry
    • How to Get a CCW
    • Carrying on a CCW
  • Car Carry
  • Local Laws
    • Public Buildings
    • Blue Cards
    • Preemption History
  • Self-Defense
  • Buying and Selling Guns
    • Universal Background Checks
  • Other States
    • CA Carry