Somehow it seems newsworthy when the law, as written, is applied as written and intended. The Nevada Supreme Court has found that a group of gun manufacturers and retailers are not liable in the Las Vegas shooting that took place at a music festival in October of 2017.
As Courthouse News reports, the Court ruled that . . .
…that state law grants immunity to gun makers and sellers from lawsuits pertaining to the 2017 mass shooting at a Las Vegas concert.
The court ruled the text of the law and the legislative history shield the gun companies from most liability, even if the guns at issue are proven to be illegal. The justices said the law could be changed by the Legislature but could not be altered by the judiciary.
The wrongful death suit had been brought by the parents of a woman who had been killed at the Route 91 Harvest Festival. They had sued Colt, FN, Daniel Defense, Patriot Ordnance, Noveske, Christensen, LMT, LWRC, and a group of retailers.
“We urge the Legislature to act if it did not mean to provide immunity in situations like this one,” Justice Kristina Pickering wrote for the unanimous court. “But as written, [the law] declares a legislative policy that the Parsonses cannot proceed with these claims under Nevada law.”
The federal judge overseeing the case concluded the Parsons’ complaint sufficiently alleged that the gun companies were aware that their semiautomatic rifles could be “easily modified with bump stocks” to shoot automatically, similar to a machine gun, which Paddock had done. The judge did not definitively rule that the guns were in fact in violation of federal and state machine gun laws, only that the claims met a preliminary standard of review.
Having determined that the wrongful death and negligence claims against the gun companies had enough factual support, U.S. District Judge Andrew Gordon asked the Nevada Supreme Court to determine if a state statute granting immunity to gun makers and sellers applied in the case and therefore barred the Parsons’ state law claims.
Nevada’s law is perhaps even more broad than the federal Protection of Legal Commerce in Arms Act,
The statute reads, “No person has a cause of action against the manufacturer or distributor of any firearm or ammunition.” [Justice Kristina] Pickering said the term “any firearm” dictated that the gun companies are shielded, even if the AR-15s are found to be illegal under the machine gun regulations.
“[The law] does not require that the firearm manufactured or sold be legal for a gun company to seek shelter from civil liability under it,” Pickering said. …
Pickering found the legislative history showed state lawmakers never intended to hold gun makers and sellers liable for conduct using illegal guns, even after they and Congress stringently regulated machine guns throughout the 1960s and 1980s.
You can read the court’s ruling here.
Cool…even though POTG will never know why & how this massacre took place. Approaching a JFK conspiracy level IMHO.
I’ve said it before, and I’ll say it again…where are the multiple cell phone videos I saw (shortly after the incident) in which multiple muzzle flashes were clearly seen coming out of a window a few stories below the one the “Lone Wolf” shooter was located in? You know, the man who allegedly killed himself via self-inflicted gunshot wound to his own head, but at a muzzle angle (bullet entry point) that is unnatural geometry?
Within weeks, all those videos were taken down from YouTube and disappeared. I saw them. I know many people must have viewed them as well.
Lol. Please believe me when I tell you that I alone saw the non-existent video that proves that the Vegas shooting was a vast left wing conspiracy, and not the work of a disgusting, mentally disturbed lone MAGA/Neo-Nazi cult member.
Crawl back in your hole, troll. We know Paddock was a leftoid radical, and we know he had at least one “partner” who the police let escape. After the shooting, we quickly found pictures of him protesting Trump while wearing a Women’s March pussyhat. The media and pigs employed by the swamp covered everything up.
Crawl back in your hole, troll. We know Paddock was a leftoid radical, and we know he had at least one “partner” who the police let escape. After the shooting, we quickly found pictures of him protesting Trump while wearing a Women’s March pvssyhat. The media and pigs employed by the swamp covered everything up.
There is no evidence that the Las Vegas shooter was a Trump supporter. Furthermore, a Trump
Supporter would not target a country western concert.
Prove me wrong, or you are just a mediocre troll.
He was a proven liberal, but you leftists have your fun blaming everything on Trump Like good little Low-IQs.
The fact is, if he wanted to kill people, he had a better option than guns right next door… yes, literally within a half mile was his own aircraft.
If this was anything other ginning up anti-gun sentiment, if he wanted to as many people as possible, without days or weeks of planning and setup, he could have simply fueled his airplane, taken off, and crashed into the crowd.
No, the reason his
Motives are not being release? …he was a liberal with a death wish, and figured he could take some likely Trump supporters at a country concert while helping to get some guns banned. Big win for the sick liberal.
I’m not saying you’re wrong, but how do you explain only the windows in Paddock’s suite being broken, as visible from the outside? The windows are solid slabs of glass that don’t open, so how would other shooters be able to fire?
During my construction years a while back, I personally watched glass workers remove and replace large panes within 30 minutes.
You *do* give food for thought with this, and you might have a point that could debunk that theory, but it’s all weird nonetheless.
@Former water walker…Agree, and I fall into the ‘conspiracy crowd’ somewhat. My belief is that FED somebody(s) know what his motivation was. The public, according to those FEDS somebody(s), can never know the whole truth whatever that is.
What I don’t believe is that some shadowy secret agents did the shooting or he was a CIA mind control operative. I’m positive that guy was 100% nuts though, maybe that’s all there is to it.
Yes totally agree, complete wacko nut job!
Photos surfaced of him right after the shooting at a protest wearing one of those pink hats popularized by the Women’s March. You know the kind, and it’s not hard to figure out his political leanings.
He was a registered Democrat and had expressed online comments about his dismay and disapproval for Trump’s election win and those who voted for him.
Mandalay Bay was a “reprisal” action against those he thought were Trump supporters and also to promote gun control.
The bump stock companies didn’t bring a sample to the gun makers and say “design us a rifle that can be fitted with our stock.” They took an existing rifle and designed their stock to fit it. (A stock that was 100% legal at the time.) So that whole “fully aware” argument doesn’t make sense. Is a company expected to redesign their product every time some third party makes an accessory that someone somewhere misuses?
It doesn’t matter if they did. Up to that point, nobody said bump stocks were machine guns. The BATFE wrote letters saying they were perfectly legal. For them to knowingly make guns that bump stocks made into machine guns, they would have to be psychic or have a time machine. Even if they did, the bump stock us now the “machine gun,” not the AR receiver. Possessing a bump stocks is almost universally illegal, and putting one on their receivers isn’t the gun manufacturer’s fault any more than if somebody remilled the receiver to accept an auto sear.
The lawyers who brought the case to court should be disbarred and required to pay defendant’s cost.
It’s sad that we find it necessary for legislatures to pass laws protecting manufacturers of anything from intentional, criminal or negligent misusage. What strikes me in the article is that Justice Pickering may be chiding the NV legislature to amend the original law. In today’s woke environment, intentional law enforcement and judicial negligence is a much greater problem that absolutely needs to be addressed.
If you can sue manufacturers of wrong full use of their products, maybe Kyle can sue skateboard companies and Ford is in series trouble.
Serious, damn auto correct.
“series” works, too. Remember the Home Depot Ford pickup that dirtbag used to mow down and kill eight folks on the New York bike path? And now the Waukesha Parade massacre. BOth done with Fords.
Who made the tyres that were on those assault Fords? And who;se petrol was in the tank? ALL should be liable, according to these gun clowns. Not to mentioin the original dealerships that sold the cars new, nor any intermediate dealers who resold them, or Home Depot who owned that pickup and let that guy take it off their lot.
“We urge the Legislature to act if it did not mean to provide immunity in situations like this one,” Justice Kristina Pickering wrote for the unanimous court.
Justice Kristina Pickering (and maybe more) need to go. Although, in the end they followed the law, they clearly did not want to and want to punish the producers of legal products for the actions of a madman. It is a good thing for Ford that Darrell Brooks didn’t commit his BLM terrorist act at a parade in Vegas, since there is no product specific liability protection for automakers.
“It is a good thing for Ford that Darrell Brooks didn’t commit his BLM terrorist act at a parade in Vegas, since there is no product specific liability protection for automakers.”
There have been (unsuccessful, so far) efforts to sue automakers for the damage large vehicles (allegedly) cause damage to the environment, so expect theses efforts to continue until they present an argument that results in the ruling they want, much like the way cigarette manufacturers were eventually found liable for causing lung cancer.
Rest assured, “They will be back” :
not equal. The tobacco companies KNEW and had PROOF for decades, yet put the hush on it al, preferring to get folks addicted to and thus buying lots of their products. Not so wiht car manufacutrere. While I’d not attack strict liabilty to the tobacco companies for every case of cancer caused by their products (incluing my own Mother’s case) I WOULD go after them for their perfidy in keeping the risks quiet for so long.We ALL know the dangers inherent to using kitchen king=ves, cars, bicycles, chainsaws, etc, but each of us take that onto our own shoulders every time we decide to use such things.
As always, it is ever the hardware, it is always the software
Right. Bump stocks and Surefire coffin mags. As we all know, two pieces of reliable, tactically effective kit.
That put my tinfoil hat on the first time I saw that ridiculous photo, before the videos with consistent (read: belt fed, giggle switch) sounds came out.
No way did a
5 shot rifle over
4 seconds fire
3 shots from
2 buildings from
1 guy
Sorry, wrong .gov op we won’t ever get answers on.
The outcome of this is good, I guess, but it’s evidence of a massive, systemic failure that the case had to go all the way to the state Supreme Court to be decided. It should have been dismissed immediately when these idiots tried to sue others for something that is very explicitly *not* illegal
It’s called lawfare, break the companies with expensive defense lawyers to break them.
If the gun manufacturer can be held liable for the criminal use/misuse of their products, then we should be able to hold the manufacturers of aircraft responsible for the 9/11 attacks, the car manufacturer for any number of criminal usages of vehicles, the manufacturer of the truck used in OKC, etc.
quote: “easily modified with bump stocks” to shoot automatically, similar to a machine gun, which Paddock had done”
BATF took all the weapons under their lock and key and so far NO ONE outside their little club (that we ain’t in) for any frther examination. NOT ONE SHRED of evidence that any of those weapons were actually fired making use of the bump stocks.
Many have requested the opportunity to examine the weapons removed from that room, and evert request has been flatly denied. WHY? What are they hiding?
I’ve seen a number of photos alledgedly taken of the inside of that room. NONE look geni=uine. The weapons are carefully laid out, as if for a staged product shoot for a magazine advert. The brass were not scattered as would be natural and normal from a semi-auto weapon firing from a position, but where piled in heaps, as if someone took a handful and carefully placed it. I also saw some of the early video from the concert venue floor as it was ongoing. Multiple sources of muzzle flash, overlapping trains of fire from weapon with differeng rates of fire, thus not from echoes between the buildings, etc. I;ve seen reports of handgun fire from the concert floor, and have NOT seen any forensics reports detailing the actual wounds sustained by the victims, what types of projectiles were removed from whom and where, compared.
Yeah, smoke and mirrors for sure. As mentionee above, we will likely never reallly know what went on. Rumours about the perp’s leaving the country later, alive and well, who knows what all else. Multiple conflicting accounts of what went on where and when from different ostensibly reliable sources….
I can’t imagine our government stged this whole thing just b=to ban bumpstocks and try and ban AR pattern rifles.. but then, nor could I ever have dreamed up Wco o rRuby Ridge before they happened. And we kNOW who ws behind both of those psyop eents.
The plaintiff should have seen suing Gun Makers would be along the lines of the murderous perp in Wisconsin trying to hold Ford liable for making him mow down parade goers.
Laws protecting manufacturers of items used by millions everyday responsibly should be strengthened by legislators not weakened as one knee jerk busy body judge suggests.
They can’t even hold the heroin dealers in lab coats accountable the idea of this happening is absurd.
check it out:
if you were running a clandestine government operation
and the goal was to demonize guns
and get a bunch of them banned
it wouldnt look any different than las vegas
from where it happened
to what was used
to who they were used upon
this is how you would do it
The government doesn’t need any special machine or covid shots to mind control people, that’s what Facebook, FOX, MSNBC, are for. People want to believe that when a tragedy happens that there must be some equally big conspiracy to blame for it. Just look at all the conspiracies that came from princess Diana’s tragic death.
Good for an more blue as purple state thats not all courts are leftwing as the 9th.
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