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Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Mon Feb 04, 2019 10:50 pm
by Flightmare
Charles L. Cotton wrote:
Mon Feb 04, 2019 10:25 pm
rtschl wrote:
Mon Feb 04, 2019 10:23 pm
State Judge is allowing victims to sue retailer where AR15 was purchased. :banghead:

I haven't read the actual ruling but I wonder how it is reasoned that a retailer is responsible for the failure of the Air Force to report him to NICS. They sold a legal product that was not defective. Academy should be exempt from this lawsuit.

https://dfw.cbslocal.com/2019/02/04/tex ... -retailer/
That wont' last. It violates both Texas and federal law.

Chas.
Could their be consequences for the judge who allowed this?

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Mon Feb 04, 2019 11:07 pm
by C-dub
Flightmare wrote:
Mon Feb 04, 2019 10:50 pm
Charles L. Cotton wrote:
Mon Feb 04, 2019 10:25 pm
rtschl wrote:
Mon Feb 04, 2019 10:23 pm
State Judge is allowing victims to sue retailer where AR15 was purchased. :banghead:

I haven't read the actual ruling but I wonder how it is reasoned that a retailer is responsible for the failure of the Air Force to report him to NICS. They sold a legal product that was not defective. Academy should be exempt from this lawsuit.

https://dfw.cbslocal.com/2019/02/04/tex ... -retailer/
That wont' last. It violates both Texas and federal law.

Chas.
Could their be consequences for the judge who allowed this?
There should be!

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Tue Feb 05, 2019 12:39 am
by The Annoyed Man
Charles L. Cotton wrote:
Mon Feb 04, 2019 10:25 pm
rtschl wrote:
Mon Feb 04, 2019 10:23 pm
State Judge is allowing victims to sue retailer where AR15 was purchased. :banghead:

I haven't read the actual ruling but I wonder how it is reasoned that a retailer is responsible for the failure of the Air Force to report him to NICS. They sold a legal product that was not defective. Academy should be exempt from this lawsuit.

https://dfw.cbslocal.com/2019/02/04/tex ... -retailer/
That wont' last. It violates both Texas and federal law.

Chas.
Plus I heard on the news that they were also suing them for having sold the shooter some 30 round magazines. I hate to tell them, but magazine sales aren’t controlled in Texas, or almost anywhere else in the country where the commies don’t run the show.

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Tue Feb 05, 2019 12:49 am
by G26ster
Sounds like the plaintiff's attorney knows as much about gun laws as the vast majority of the general public does. Nada.

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Tue Feb 05, 2019 8:34 am
by Liberty
G26ster wrote:
Tue Feb 05, 2019 12:49 am
Sounds like the plaintiff's attorney knows as much about gun laws as the vast majority of the general public does. Nada.
He knows how to invoice and collect fees.

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Tue Feb 05, 2019 8:50 am
by Zombified
What I read claimed that because he purchased the rifle with an out of state license and the seller is required to follow the laws of the state the buyer resides in. The 30 round magazine was illegal in his state of residence, therefore illegal to sell it to him.

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Tue Feb 05, 2019 9:34 am
by C-dub
Zombified wrote:
Tue Feb 05, 2019 8:50 am
What I read claimed that because he purchased the rifle with an out of state license and the seller is required to follow the laws of the state the buyer resides in. The 30 round magazine was illegal in his state of residence, therefore illegal to sell it to him.
I'm sure that is true for a rifle or shotgun. However, I don't think that similarly applies for magazines since no ID is required for their purchase nor is there any form to fill out to ask permission.

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Tue Feb 05, 2019 11:29 am
by Zombified
They further broke it down to include magazines as a part of a firearm if I remember correctly. Although it should probably be considered an accessory since the firearm could technically work without it.

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Tue Feb 05, 2019 11:32 am
by Zombified
The article I mentioned earlier for your reading pleasure.

https://www.dailywire.com/news/42943/ca ... osh-hammer

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Fri Oct 18, 2019 7:24 pm
by philip964
https://www.click2houston.com/news/texa ... cutors-say

Academy broke law by selling rifle in Texas says fed prosecutors.

Look for them to go out of gun business.

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Fri Oct 18, 2019 7:39 pm
by anygunanywhere
When are the feebs going to start prosecuting the ones who try to buy and are denied by the background check??

Their failure to prosecute existing laws is the real loophole.

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Fri Oct 18, 2019 7:43 pm
by Zombified

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Fri Oct 18, 2019 8:32 pm
by Grayling813
If Academy had not sold the rifle, does anyone believe that the killer would not have found another way to obtain one?

Academy should not have sold it.
The USAF should have updated the NICS system so the killer would not have been approved to make the purchase.

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Sat Oct 19, 2019 12:07 am
by srothstein
This is going to turn into a very important case due to its unintended consequences. As I understand the legal question in the case is going to turn on if a magazine is a part of the weapon or an accessory. The purchaser was from out of state and the federal law requires the seller to obey the home states laws as well as its own. In Colorado, it is illegal to sell an AR-15 with a 15 round magazine. So, if the magazine is a part of the weapon, then the sale was illegal. If the magazine is an accessory instead, then the sale was legal. In a case like this, the problem is they could have sold the weapon with a ten round magazine and then sold him 3 thirty round extra magazines off the accessory shelf and it would have been entirely legal. As I understand it, there is a legal principle that a law should not be interpreted to make no sense and this last part makes the concept of the sale with a full size magazine being illegal sound like nonsense to me.

But now we need to consider a weird possible consequence for this case. If I travel to another state and use either my LEOSA or reciprocity for my LTC, they generally say my weapon is legal. But what happens in those states where my weapon is legal but there is a magazine limit of ten rounds for pistols, or a ban on hollow-point ammunition. Can I still carry my XD with a 13 round magazine loaded with hollow-points? If the magazine is a part of the weapon I can. If it is an accessory, I may not be allowed to.

I do not want to see Academy held liable, but I really prefer that magazines are considered parts of the weapons for my personal benefit. I am concerned about the consequences of the decision either way though.

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

Posted: Sat Oct 19, 2019 6:00 am
by crazy2medic
My view, yours may vary.
A Magazine would be an accessory, if you drop a round into the chamber, the rifle will still fire that round, the magazine is not essential to the actual operation of the rifle, however the magazine is necessary to operate as it was intended but not mandatory for the gun to fire