Gun shop being sued.

[atvdave]

Seen this story this morning and thought it would be good to get different peoples view on the subject. The gun shop was warned of the persons mental illness, but who's to say that anyone can just make false accusations? (Please don't turn this into a bashing thread.)



Mother sues Missouri shop for selling gun later used in murder

 

[jontheturboguy]

Families should sue their local car dealerships, cell phone providers, asphalt companies, tire dealers and liquior stores everytime a loved one passed away from an auto accident.
I mean, in a liberals progressive world it only makes sense that everyone else is responsible but me right?
(Purple above for those unable to reason)

 

[churchmouse]

That is a freaking dipp-**** lawyer looking for deep pockets and an irrational individual.

 

[rockhopper46038]

I don't think they will be find liable. Sure, the seller is allowed (and perhaps encouraged) to use good judgement, but on the assumption that a NICS check was performed and came back clean, I do not see how the seller can be held responsible. If it were to come to light that the seller had previously been presented with medical documentation clearly indicating a mental illness (which would be a clear violation of HIPAA, btw), then there might be a case, I suppose.

 

[atvdave]

"More than a dozen wrongful death lawsuits are pending against gun dealers, some involving sales to customers who were not mentally stable, said Jonathan Lowy, a Brady Center lawyer who helped file the Missouri lawsuit."


Keep in mind that this is from a Brady Center Lawyer.......

 

[rockhopper46038]

Yeah, I almost made that point. The fact that it is a Brady lawyer speaks volumes. They don't need to win cases or even generate revenue; they use these to harass (Tort Reform, stat!). A private lawyer, seeing no potential for a payout, wouldn't touch this "case".

 

[atvdave]

Also.. "suit on behalf of Janet Delana, who said she warned the gun store not to sell any guns to her daughter, Colby Sue Weathers, because of a long history of mental illness.".... why not also goto the police and let them know? I don't know if she did. or didn't but it doesn't sound like it from the story.

 

[GodFearinGunTotin]

Also.. "suit on behalf of Janet Delana, who said she warned the gun store not to sell any guns to her daughter, Colby Sue Weathers, because of a long history of mental illness.".... why not also goto the police and let them know? I don't know if she did. or didn't but it doesn't sound like it from the story.

How did she know that particular store was about to sell her daughter a gun?

 

[atvdave]

How did she know that particular store was about to sell her daughter a gun?

I agree... if she knew that much she should have contacted the police.. 4473 has a box for mental illness.

 

[j706]

Stupid. You can sue anyone for anything. When you look at who is actually doing the suing then it makes sense.

 

[Expat]

Anything that happens is always someone else's fault...

 

[Hoosier8]

They passed the background checks. The Brady bunch should be suing the government.

 

[Glock19]

All they had to do was get the girl declared unfit and sent to a behavioral health center or something to be checked. Calling a gunshop and telling them isnt going to change anyones mind about anything. Bring documentation or something...anyone can call a shop and say someone else shouldnt own a gun.

 

[phatgemi]

I don't think they will be find liable. Sure, the seller is allowed (and perhaps encouraged) to use good judgement, but on the assumption that a NICS check was performed and came back clean, I do not see how the seller can be held responsible. If it were to come to light that the seller had previously been presented with medical documentation clearly indicating a mental illness (which would be a clear violation of HIPAA, btw), then there might be a case, I suppose.

Would it really be a clear violation of HIPPA? HIPPA violation is the UNauthorized release of medical information. It could be argued that filling out the 4473 and checking on the mental illness box plus somewhere in the fine print would allow release of general information regarding mental illness.

 

[Flash-hider]

She has appearently given false statements on the 4473(fedreral violation), passed the background check, satisfied the State of Missouri statutes that she can purchase and possess a handgun, yet it's the gun stores fault that they didn't stop the sale because they were contacted by an individual who's word they were somehow supppose to trust. The gun grabbers lost at being able to sue the gun makers now it appears they are going after the point of sale guys. Even if they aren't successful how many FFL's have the deep pockets to defend themselves maybe multiple times in court?

 

[JetGirl]

Along with the store, they might as well add the distributor that supplied the store, the warehouse owner where they were stocked, the manufacturer, the UPS/FEDEX delivery people who brought them to the store, the ammo manufacturer, the warehouse where ammo was stocked, the ammo distributor and the courier who delivered... not to mention the gasoline suppliers whose fuel was used in the delivery trucks and the service station or convenience store where it was purchased... am I leaving anyone out?

 

[Bennettjh]

Anything that happens is always someone else's fault...

 

[singlesix]

Stupid. You can sue anyone for anything. When you look at who is actually doing the suing then it makes sense.

Yes but it costs money to defend against stupid and you could do nothing wrong and still be out $$$$$.

 

[Bunnykid68]

Along with the store, they might as well add the distributor that supplied the store, the warehouse owner where they were stocked, the manufacturer, the UPS/FEDEX delivery people who brought them to the store, the ammo manufacturer, the warehouse where ammo was stocked, the ammo distributor and the courier who delivered... not to mention the gasoline suppliers whose fuel was used in the delivery trucks and the service station or convenience store where it was purchased... am I leaving anyone out?

The person ringing the sale up

 

[BE Mike]

The person ringing the sale up

No deep pockets there!