Boston police officer sues online market where gun used on him was sold

Yesterday motions to dismiss by Armslist were filed challenging jurisdiction but more interestingly that they are immune from suit due to the Federal Communications Decency Act (CDA). Our motions are attached if you are interested in such things. Brady foundation was evidently emboldened by a Wisconsin Appeals Court decision that overturned a dismissal by the trial court on CDA grounds. However, that decision is before the Wisconsin Supreme Court and in my opinion likely to be overturned to reinstate the dismissal. I think the chances of dismissal are strong to quite strong if the court follows the law. The affidavit of Jon Gibbons, founder of Armslist, is attached too if you're interested in legal matters.
 

Attachments

  • Armslist_s MOL in Support of Motion to Dismiss Claims Barred by Communications Decency Act[8676].PDF
    1.2 MB · Views: 8
  • Armslist_s MOL in Support of Motion to Dismiss Due to Lack of Personal Jurisdiction[8674].PDF
    1.1 MB · Views: 4
  • Declaration of Jonathan Gibbon in Support of Motions to Dismiss[8677].PDF
    421.6 KB · Views: 15
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You have to remember that burger king King and Remington make a product that could be even alleged to cause harm even though firearm manufacturers are presumably immune. Armslist only conveys information that was used to facilitate a lawful sale between parties that had nothing to do with the cop's injury. Liability is ridiculously thin here.
 
Does this mean that a Boston police officer can sue the police Dept. if he shoots himself,or someone else with his service Glock because the AG has determined them to be unsafe.
 
Remember folks to just throw reason and logic out the door, it’s all about feelings here. Especially snowflakes feelings.
 
nstassel said:
Yesterday motions to dismiss by Armslist were filed challenging jurisdiction but more interestingly that they are immune from suit due to the Federal Communications Decency Act (CDA). Our motions are attached if you are interested in such things. Brady foundation was evidently emboldened by a Wisconsin Appeals Court decision that overturned a dismissal by the trial court on CDA grounds. However, that decision is before the Wisconsin Supreme Court and in my opinion likely to be overturned to reinstate the dismissal. I think the chances of dismissal are strong to quite strong if the court follows the law. The affidavit of Jon Gibbons, founder of Armslist, is attached too if you're interested in legal matters.
Click to expand...
Nice. Do you have a copy of Armslist's counter-suit for legal costs and damages?
 
We need a class action lawsuit against car dealers for selling cars to people who drive drunk and kill others also against AT&T for selling phones that people use in those cars to text and kill others. Has to be done because there no individual responsibility any more.
 
kevin9 said:
Nice. Do you have a copy of Armslist's counter-suit for legal costs and damages?
Click to expand...
That may be a possibility in the future but first we'd have to win. When costs were assessed in Colorado after dismissal of the case against the ammo sellers and movie theatre in Aurora the defendants relied on an unusual state statute. We're don't have one like that here.
 
There is absolutely no way for any gun dealer to prevent the illegal sale of a product that they have legally sold to a person who passed all the current background checks.
Straw purchasing is ILLEGAL already.
 
Armslist won a tremendous victory today in the denial of certiorari in the Supreme Court of a Wisconsin appeal that dismissed a similar case there on the same grounds we have pleaded here. It essentially means that Armslist and on line bulletin boards can't be sued for the content posted by users.
 
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Re-dic-u-lus

Some idiot in a Toyota rear ended me and caused $6500 in damage. I am going to sue Toyota!
 
lowbuckbob said:
Do people sue car dealers when a vehicle sold by them is involved in an OUI accident?
Click to expand...

Not yet, but if this somehow goes in favor of the plaintiff then it will be a free for all. Heck, I will be a billionaire. I have been hit by a car. Cannot tell you how many times my mountain bike just decided to throw me on the ground. Then there are my skis. Uggh, don't even get me started about my skis. I think the manufacturer of those things are trying to kill me. Oh, and let's not forget my kitchen knives. Do you know how many times those things tried to cut my fingers off?
 

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