Nevada Judge Allows Several Gun Makers and Dealers to Be Sued

[Still_Small_Voice]

 

A federal judge in Nevada has allowed a lawsuit to move forward that alleges semi-automatic AR-15 rifles should be considered machine guns because they can be converted to simulate fully automatic fire using bump stocks.

The suit is being brought against several gun makers and dealers, including Colt and Daniel Defense, by the family of a woman killed in the Las Vegas massacre in 2017.

The Parsons family and their attorneys asserted three causes of action, two of which were dismissed by U.S. District Judge Andrew Gordon. But Judge Gordon allowed the suit to move forward based on the plaintiff’s wrongful death claim, arguing that the federal Protection of Lawful Commerce in Arms Act (P.L.C.A.A.) does not bar the suit from continuing.

The case will next be considered by the Nevada Supreme Court.

“We’re pleased that Judge Gordon certified these questions to the Nevada Supreme Court. We’re optimistic that the Supreme Court is not going to rule that the legislature intended to give immunity to companies that intentionally violate the law,” said one of the Parsons family attorneys, Rich Friedman.

Read more at:  https://www.gunsamerica.com/digest/nevada-judge-ar-15s-machine-guns/?utm_source=email&utm_medium=20200508_FridayDigest_277&utm_campaign=/digest/nevada-judge-ar-15s-machine-guns/

[Still_Small_Voice]

Hopefully this lawsuit fails.  Suing knife, hammer, screw driver, crowbar, automobile or firearm manufacturers because someone misuses their products is ridiculous.

[Vort]

To be clear, the federal judge did not find in the plaintiff's favor, except to say that the case can be tried on its merits—which it doesn't sound to me like it has any. You don't even need an (illegal) bump stock "to simulate fully automatic fire". A (legal) brookstick will do it, or a knowledgeable user with a stiff finger.

[Still_Small_Voice]

Why even allow this lawsuit to go forward?  Despite what this Judge believes these firearm makers are protected under Protection of Lawful Commerce in Arms Act.  A bumpstock did not make a semi auto rifle into a full automatic long gun and gun manufacturers were not responsible for a cold murderer who shot people from his hotel room.  This is like blaming the automobile manufacturers for the 38,000 that died in car wrecks in 2019.

[Guest MormonGator]

On 5/8/2020 at 2:55 PM, Still_Small_Voice said:

This is like blaming the automobile manufacturers for the 38,000 that died in car wrecks in 2019.

I think it started in the 90's when Phillips Morris was sued because someone died of cancer. I agree with you, it's total nonsense. 

[JohnsonJones]

On ‎5‎/‎8‎/‎2020 at 12:55 PM, Still_Small_Voice said:

Why even allow this lawsuit to go forward?  Despite what this Judge believes these firearm makers are protected under Protection of Lawful Commerce in Arms Act.  A bumpstock did not make a semi auto rifle into a full automatic long gun and gun manufacturers were not responsible for a cold murderer who shot people from his hotel room.  This is like blaming the automobile manufacturers for the 38,000 that died in car wrecks in 2019.

If using the bumpstock example as a reason...

I would say it's more like blaming the automobile makers for the car owners (those who bought cars from the dealers who bought cars from the automobile makers) modifications they made to the car, and which modification (perhaps elevating it further of the ground, weighing down the back end, and other such car mods) eventually causes the death in the car wreck.