Woman murdered and family sues gun dealer!

RwWilly · Jan 8, 2016

Doesn't sound like they have much of a chance of proving their case. No conviction of the murderer and no indictment of the dealer. I'm really curious who is guiding the family in this endeavor. I'm sure a lawyer is not using this family as a political goat show?

http://www.oregonlive.com/pacific-n...f/2016/01/family_of_slain_woman_plans_to.html

MDFF2008 · Jan 8, 2016

They are stupid. Honestly, and certified.

We just saw in the Lucky Gunner case, they lost and the family had to bury their daughter and pay the Lucky Gunner's court costs.

The gun grabbers paraded them through the streets that their court case would herald the end of the gun lobby.

In the end, they lost, and left the family to pay.

Same thing here. They are honestly just pumping up the public to make a challenge to the Protection in Lawful Commerce Act.

Vile Shadow · Jan 8, 2016

Well, if there's any chance for a big pay day, leave it to a slip-and-fall lawyer to find it. :rolleyes:

First question is what about criminal charges for the buyer?

Oh wait. That doesn't fit the political agenda.

Next question I have is what the hell are "assault rifle-style bullets"?

t84a · Jan 8, 2016

assault rifle-style bullets lol

K31 · Jan 8, 2016

I'm guessing the killer's mom has no money or other assets the family and lawyers feel are worthy of going after.

Killer's mom purchased firearms which the family and lawyers claimed were straw purchases for the killer. In one case the son (the killer) used his credit card to pay for them. The lawyers claim the dealer should have known this was a straw sale because of multiple purchases in a given time frame.

Whether they were or were not, it seems mom knew her son was mentally ill and warned the police of that.

rseymorejr · Jan 8, 2016

K31 said:
Whether they were or were not, it seems mom knew her son was mentally ill and warned the police of that.

And still bought guns for him?
She should be in jail.

iH8DemLibz · Jan 8, 2016

Will be many more to come.

No gun shops equals no guns.

Nothing in the Bill of Rights about gun shops.

K31 · Jan 8, 2016

iH8DemLibz said:
Will be many more to come.

No gun shops equals no guns.

Nothing in the Bill of Rights about gun shops.

No, and don't think there's anything in tort law about suing a manufacturer for how some nut case uses their product unless it's clearly for an illegal purpose to begin with.

Rab1515 · Jan 8, 2016

K31 said:
No, and don't think there's anything in tort law about suing a manufacturer for how some nut case uses their product unless it's clearly for an illegal purpose to begin with.

That's what they want. To prove "Guns have no other purpose than to kill"

Drmsparks · Jan 8, 2016

His credit card buying the gun on her NICS check should have been a red flag for the shop. If they have any chance of winning this lawsuit it'll hinge on this....

The only case the anti's have won was a pretty clear straw purchase, and by clear I mean obvious to the employee. The credit card thing is pretty strong evidence

danb · Jan 9, 2016

Drmsparks said:
His credit card buying the gun on her NICS check should have been a red flag for the shop. If they have any chance of winning this lawsuit it'll hinge on this....

The only case the anti's have won was a pretty clear straw purchase, and by clear I mean obvious to the employee. The credit card thing is pretty strong evidence

^^ this

The lawsuit alleges that Diane Boyce filled federal paperwork that she was the actual buyer of an AK-47 and two semi-automatic pistols in 2011 and 2012 and her son used his credit card to pay for one of the pistols.

Honestly, I have mixed feelings. Going after shops that enable straw purchasers is what prosecutors should be doing. I am not sure if the shop itself is complicit, but seems like the employee who did the paperwork certainly is. The trick here might be to connect the pistol he paid for to the actual crime. Why is the mother not in jail for this?

On the other hand, this is clearly a scatter shot attorney going after everyone (also suing the home security company) and hoping something will stick.

Pinecone · Jan 10, 2016

RwWilly said:
Doesn't sound like they have much of a chance of proving their case. No conviction of the murderer and no indictment of the dealer. I'm really curious who is guiding the family in this endeavor. I'm sure a lawyer is not using this family as a political goat show?

http://www.oregonlive.com/pacific-n...f/2016/01/family_of_slain_woman_plans_to.html

Courts will not open this can of worms.

Drunk driver kills a family member, sue the dealer?

NO WAY will that fly.

Pinecone · Jan 10, 2016

When they bought, they could have claimed that the son was buying for the mother.

Jim12 · Jan 10, 2016

Pinecone said:
Courts will not open this can of worms.

Drunk driver kills a family member, sue the dealer?

NO WAY will that fly.

It is already flying: Two Officers Were Shot; Wisconsin Store Liable for Gun Sale http://www.nytimes.com/2015/10/14/u...rchase-linked-to-shooting-of-police.html?_r=0

It's going to be argued that it's fact-specific, and there are plenty anti-gun lawyers to bring the cases and judges who will let at least some of these get to the jury, all to dealers' expense and detriment until insurance becomes prohibitively expensive and they close up shop. But that's the purpose, right? Death by a thousand cuts, and this is one tool in the antis' arsenal. It doesn't matter whether they win in a given case; they're throwing monkey wrenches into the works and driving up the cost of doing business.

Vile Shadow · Jan 10, 2016

Pinecone said:
Courts will not open this can of worms.

Drunk driver kills a family member, sue the dealer?

NO WAY will that fly.

Wasn't this already tried once against Bushmaster after the DC sniper shootings?

alex1128762000 · Jan 10, 2016

Pinecone said:
Courts will not open this can of worms.

Drunk driver kills a family member, sue the dealer?

NO WAY will that fly.

I am not sure about that. Courts have been known to make strange decisions.

Pinecone · Jan 10, 2016

Jim12 said:
It is already flying: Two Officers Were Shot; Wisconsin Store Liable for Gun Sale http://www.nytimes.com/2015/10/14/u...rchase-linked-to-shooting-of-police.html?_r=0

It's going to be argued that it's fact-specific, and there are plenty anti-gun lawyers to bring the cases and judges who will let at least some of these get to the jury, all to dealers' expense and detriment until insurance becomes prohibitively expensive and they close up shop. But that's the purpose, right? Death by a thousand cuts, and this is one tool in the antis' arsenal. It doesn't matter whether they win in a given case; they're throwing monkey wrenches into the works and driving up the cost of doing business.

You can file suit for anything.

The bottom line is how the courts rule on the case.

And so far, the courts seem to also allow the defendant to recover costs. A few $100K+ bills coming back on people will stop such suits.

Brooklyn · Jan 10, 2016

Pinecone said:
You can file suit for anything.

The bottom line is how the courts rule on the case.

And so far, the courts seem to also allow the plaintiff to recover costs. A few $100K+ bills coming back on people will stop such suits.

Perhaps you mean defendant here? Otherwise I don't follow ?????

AssMan · Jan 10, 2016

"Boyce also was believed to be a Boston bombing sympathizer who had been trying to reach the Russian consulate in San Francisco to seek asylum."

I'm pretty certain the Russians weren't big fans of the Tsarnaev bros.

Pinecone · Jan 11, 2016

Pinecone said:
You can file suit for anything.

The bottom line is how the courts rule on the case.

And so far, the courts seem to also allow the defendant to recover costs. A few $100K+ bills coming back on people will stop such suits.

Brooklyn said:
Perhaps you mean defendant here? Otherwise I don't follow ?????

That is what I said.

THanks.

Woman murdered and family sues gun dealer!

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