From the “If you can’t make it illegal, harass them into submission” file:
A recent lawsuit in Missouri is trying to get Academy Sports to pay up because they sold ammunition to someone who, then, illegally passed on the ammunition to someone who couldn’t legally buy it.
Yes, that’s right. The lawsuit wants to make Academy Sports liable for the actions of someone else who intentionally circumvented existing gun control laws (which should tell you all you need to know about why gun control laws always fail). Dean Weingarten writes,
On 1 May, 2020, Attorney Craig Heidemann filed a lawsuit against Academy Sports, contending they contributed to the unlawful death of Aaron “Josh” Hampton, who was one of the roommates of Luis Perez. Perez is an illegal immigrant accused of murdering three people including Hampton, another “roommate” and a woman, Sabrina Starr.
Starr is said to have supplied Perez with the gun, while another woman, Nyadia Burden, is accused of purchasing the ammunition for Perez.
The Associated Press gives us more details:
The lawsuit alleges a worker at Academy Sports in Springfield should have realized the woman who bought the bullets, Nyadia Burden, intended to give them to Luiz Perez. The 24-year-old Perez couldn’t buy ammunition because he was in the country illegally, had no driver’s license and was facing felony charges, according to police. The lawsuit also names Burden.
This lawsuit is basically saying that folks at Academy Sports should have been able to read Burden’s mind.
I suppose that if you believe in the mystical ability of gun control to magically make violence disappear, then mind reading is a “realistic” idea for how the Academy Sports employee “should” have known what was going to happen.
Next they’ll tell us (and expect us to believe) that Bigfoot is warning us through them that the UFOs are going to abduct us all and replace us one-by-one with exact clone replicas.
This assumption that anyone can know the intentions of anyone else is one of the fallacies of gun control (they assume that gun owners want to own guns because gun owners want to hurt people). Apparently, though, logical thinking is another area where anti-gunners’ thinking falls short.
There needs to be a fine for people who file frivilous lawsuits, that are obviously not going to do anything but clog up the system. At the very least, the filer should have to pay legal fees for both sides, when they lose.
In addition they need to pay a hefty punitive amount to the person or dealer being sued!!
As a proud Bigfoot, I don’t plan on replacing anyone. Let’s just assume they have been ‘Raptured’, and leave my backhoe out of it.
That’s why the Protection in Lawful Commerce in Firearms Act was passed—to protect Firearms manufacturers and retailers against frivolous lawsuits. Now, the devil might be in the details if the felon illegal alien was with the straw purchaser at the time, and guided her for the ammunition in question… So- question—was there any evidence to support such a claim???
I don’t think the act allows for compensation against frivolous lawsuits, but if it doesn’t, IT SHOULD!!!
Attorney Craig Heidemann trying to shake down a legitimate business. He should be disbarred.
This is stupid enough to have been in Californis.
This will be thrown out, and counter sue for damages and attorney fees.
This will be thrown out, and counter sue for damages and attorney fees, etc.. Two can play at that game. Also, sue the person that bought it illegally for damages. Get creative.
jeff – it certainly should be thrown out but in today’s lawsuit happy environment who knows. A LOT will depend on whether it goes before a judge who is not a partisan hack.
This type of lawsuit always reminds me of the concept of ‘vicarious liability’ which is simply a liar er um lawyer tactic to extort money from person(s) or companies who were NOT at fault.
I have no problem with people knowingly providing any items to people who are not legally allowed to own those items (like say buying alcohol for minors) being held accountable for those acts but there is no realistic way that a seller can insure that the person who buys the product will use it properly.
This would be like every person that is arrested for drunk driving can then sue the bar they were at drinking because they got caught. Stupid stupid stupid.
I make sure I have I.D. and verify the identity and age of the person who is buying the Ammunition and keep that on file. Unless they are acting in a suspicious manner, or have been flagged by Law Enforcement, there is no way an FFL or Store can be held as Liable for the intent inside a persons heart or mind. The real problem is too many useless Attorneys who chase Work and makeup claims that only bog down the Legal System, and force the person or Store that’s sued to hire other Attorney’s to defend them. We need Torte Reform and punishment for filing Ambulance Chasing Lawsuits. If found guilty, they should have their license to practice revoked for a year the first time, and reparation to the injured party. Second offense, no License again!
We have been trying to get all those Attorneys to go to California or NY but some of them didn’t get the word and stopped in Wash.DC and Missouri, Michigan where what is right only comes from the deepest pockets.
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