Gun shop being sued.

[nater30/30]

Ain't there a form the shrink fills out if they believe the patient shouldn't have guns and it comes up on NICS?

 

[femurphy77]

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

"The Washington-based Brady Center to Prevent Gun Violence brought the suit on behalf of Janet Delana". . . . . . . . . .'Nuff Said!

 

[atvdave]

"The Washington-based Brady Center to Prevent Gun Violence brought the suit on behalf of Janet Delana". . . . . . . . . .'Nuff Said!

Looks like their are +12 more as well.... "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."

 

[LarryC]

The United States is the only non-third world country in the world where a lawsuit can be filed and lost without the plaintiff paying for the person sued reasonable lawyers fees and court fees. If this were the case in the USA, it would rid the country of many "Ambulance chasers" and the "shotgun approach lawsuits" by Anti's groups. The lawyers groups argument is that citizens couldn't fight the large corporations lawyers, that they "need" consignment lawyers to protect them. To me it is obvious that this is only an excuse to keep their income. At the current time a group like the Brady Center can cost the average GS a lot of money to defend against any idiotic charge - if there were forced to pay the defendant's fees, you would see very few cases like this.

However almost all the (in my opinion dishonest) politicians responsible for making the laws won't do anything that would potentially reduce their income - dishonest as it is.

As to the current case in question, there are many scenarios that could be seen if this type case is won. What would stop a shop, in fear of losing a sale from calling competitors and saying so and so is a mental case, halting any sales to that person - then selling him a gun when they go to his shop?

It is not the responsibility of any gun shop sales person to "judge" a person. The Background check is supposed to be "law" and information from all branches of law enforcement is accumulated in their database. I certainly am not qualified (nor is any GS owner or salesperson) to determine a persons mental state or to determine if a person is or may become a danger to society. This is no more possible than telling a car salesman to refrain from selling an automobile to a person as he may become a drunk driver and kill some one.

For that matter how did the "mother" in this case become "Qualified" to determine that the daughter was a danger? If she did have the knowledge and didn't inform the police - she should be held responsible and charged with aiding and abetting a homicide.

 

[LANShark42]

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.

Right or wrong, there is no HIPAA violation here. HIPAA applies to healthcare providers, NOT patient family.