Pennsylvania Firearm Owners Association
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  1. #1
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    Default Supreme Court to allow suit against Remington

    The SCOTUS says Sandy Hook parents can sue Remington. WTF?????

    https://www.foxbusiness.com/money/su...Uq79eS8cBJpamk
    "It seems that the Constitution is more or less guidelines than actual rules"
    My feedback: http://forum.pafoa.org/showthread.php?t=305685

  2. #2
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    Default Re: Supreme Court to allow suit against Remington

    Well this is going to be a major game changer for sure. They won't have to ban AR15's manufactures will just stop producing them out of fear of loosing everything. I would like to see more in depth information explaining the courts decision.
    Last edited by Hodgie; November 12th, 2019 at 11:48 AM.

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    Default Re: Supreme Court to allow suit against Remington

    I think they're (the news) mistaken.
    Life has a melody.

  4. #4
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    Default Re: Supreme Court to allow suit against Remington

    Quote Originally Posted by JustinHEMI View Post
    I think they're (the news) mistaken.
    It's being reported by every new's outlet.

    https://www.google.com/search?rlz=1C...39.q619YRLb6C8


    Taken from USA today.

    WASHINGTON – The Supreme Court refused Tuesday to shield a major arms manufacturer from potential liability in the 2012 school shooting that left 26 students and educators dead in Newtown, Conn.

    The justices' action allows a lawsuit filed by parents of Sandy Hook Elementary School victims to move forward at the state level, on the allegation that Remington Arms Co. marketed the military-style rifle used in the mass shooting "for use in assaults against human beings."

    The case tests the reach of a 2005 law passed by Congress to protect firearms manufacturers from being held liable for crimes committed by gun purchasers. That law was hailed by the National Rifle Association, but it included exceptions, including one for violating rules related to marketing and advertising.

    Gun control advocates have said a victory by the families in the long-running dispute could lead to more lawsuits and damaging disclosures involving the firearms industry.

    The Connecticut Supreme Court ruled 4-3 in March that Remington can be sued because of the way the AR-15-style Bushmaster rifle was marketed. The families' lawsuit contends that Remington glorified the gun in advertising aimed at young people, including in violent video games.

    The Sandy Hook killer, Adam Lanza, was 20 when he shot and killed his mother at home, then went to the Newtown school and gunned down first-graders and educators. Lanza then killed himself.

    The Supreme Court already has a gun rights case on its docket. That case, to be heard in early December, will decide whether a New York City regulation that restricts the transportation of legally owned guns violates their owners' constitutional rights.

    In court papers, Donald Verrilli, the lawyer for the families suing Remington, said its advertising "continued to exploit the fantasy of an all-conquering lone gunman, proclaiming: 'Forces of opposition, bow down. You are single-handedly outnumbered.'"

    Scott Keller, the lawyer representing Remington, told the court that under the 2005 federal law, the lawsuit "is exactly the kind of case arising from a criminal’s misuse of a firearm that 'may not be brought in any federal or state court.'"
    So now this is a marketing issue? well then shouldn't people be allowed to sue anything that is marketed dangerously, incorrectly or falsely? Of course all of those things are subjective to each individual but who cares about that.
    Last edited by Hodgie; November 12th, 2019 at 12:21 PM.

  5. #5
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    Default Re: Supreme Court to allow suit against Remington

    Quote Originally Posted by Hodgie View Post
    It's being reported by every new's outlet.

    https://www.google.com/search?rlz=1C...39.q619YRLb6C8


    Taken from USA today.
    Yeah I know, that's why I implicated them all.
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  6. #6
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    Default Re: Supreme Court to allow suit against Remington

    The Supreme Court does not take every case presented to it. Not taking a case like this is normal. They decided not to take the case...... they did not rule on the case in anyway. There are dozens to hundreds of cases every year that the Supreme Court chooses not to hear. All their decision means is the case can proceed at the state level.

    I think that the law will help keep the parents from winning anything in regards to Remington.

  7. #7
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    Default Re: Supreme Court to allow suit against Remington

    Quote Originally Posted by dev View Post
    The Supreme Court does not take every case presented to it. Not taking a case like this is normal. They decided not to take the case...... they did not rule on the case in anyway. There are dozens to hundreds of cases every year that the Supreme Court chooses not to hear. All their decision means is the case can proceed at the state level.

    I think that the law will help keep the parents from winning anything in regards to Remington.
    I do not see them getting a fair trial anywhere in Connecticut.

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    Default Re: Supreme Court to allow suit against Remington

    Well I guess my title is a little misleading but that's only because the Fox article is the source of my post.

  9. #9
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    Default Re: Supreme Court to allow suit against Remington

    Quote Originally Posted by JustinHEMI View Post
    I think they're (the news) mistaken.
    The USSC hears a tiny fraction of the cases seeking their review, so when they refuse to hear a case, it has the same affect as affirming the last ruling of the lower courts (except for being precedential).

    To the extent that the plaintiffs are arguing that Remington was negligent for making and selling the AR-15 to FFL's, the plaintiffs should lose, because that was the entire point of the Federal law protecting lawful commerce in firearms. This wouldn't be a loophole, it would nullify the law, because EVERY gun is designed to inflict lethal injuries to humans, even the lowly .22 Short (which I understand was used as a military weapon in the Civil War.)
    https://www.chuckhawks.com/history_rimfire_ammo.htm
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  10. #10
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    Default Re: Supreme Court to allow suit against Remington

    I still think it was a terrible case to refuse. Thanks for clarifying GL.
    "It seems that the Constitution is more or less guidelines than actual rules"
    My feedback: http://forum.pafoa.org/showthread.php?t=305685

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