Author Topic: CA to Allow Private Lawsuits Against Gun Sellers  (Read 1643 times)

Ben

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CA to Allow Private Lawsuits Against Gun Sellers
« on: December 12, 2021, 08:40:19 AM »
Well, we kind of talked about this in the Texas abortion law thread. CA is now using that lawsuit model to allow anyone to sue gun sellers or manufacturers.

Quote
He said he has already directed his staff to work with the legislature and the attorney general to craft a bill that would allow private citizens to sue those who manufacture, distribute or sell an assault weapon or ghost gun kit.

https://www.foxnews.com/politics/gavin-newsom-texas-abortion-law-gun-control-supreme-court
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MikeB

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Re: CA to Allow Private Lawsuits Against Gun Sellers
« Reply #1 on: December 12, 2021, 09:12:12 AM »
Well, we kind of talked about this in the Texas abortion law thread. CA is now using that lawsuit model to allow anyone to sue gun sellers or manufacturers.

https://www.foxnews.com/politics/gavin-newsom-texas-abortion-law-gun-control-supreme-court

I’m not sure the two things are actually analogous. Also SCOTUS is not stopping a challenge to the Texas law to proceed, just not stopping the law from taking effect while challenges are argued.

That said personally I think the Texas law is dumb.

Ben

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Re: CA to Allow Private Lawsuits Against Gun Sellers
« Reply #2 on: December 12, 2021, 09:38:27 AM »
I’m not sure the two things are actually analogous.

I'm not sure they are either, but CA is claiming they are, Bill of Rights aside.
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T.O.M.

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Re: CA to Allow Private Lawsuits Against Gun Sellers
« Reply #3 on: December 12, 2021, 10:04:57 AM »
As an attorney, I find this whole trend to be horrifying a d genius.  We have legislatures creating laws which they believe to be unconstitutional.  But by keeping the government out of the lawsuit, they do an end around COTUS by allowing the parties to say "no state action."  And, if this Pandora's box is left open, be it for abortion or firearms, it may end up being applied to anything.  Think about it.  Some legislator gets mad about a criminal defendant remaining silent (like in the Rittenhouse case), create a cause of action allowing a criminal defendant to be sued, force a deposition.  No more right to remain silent.  Don't like Republicans speaking negatively of their liberal candidates?  Create a cause of action.  Bye bye 1A political free speech. And, you'll see a whole new type of ambulance chasers specializing in suing people in this way, and raking in tons of money.  Horrifying for citizens.  Genius for lawyers to get rich.
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HankB

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Re: CA to Allow Private Lawsuits Against Gun Sellers
« Reply #4 on: December 12, 2021, 12:50:04 PM »
. . . Some legislator gets mad about a criminal defendant remaining silent (like in the Rittenhouse case), create a cause of action allowing a criminal defendant to be sued, force a deposition.  No more right to remain silent.  . . .
Wasn't there a stink in the Bill Cosby prosecution where he gave a deposition conditional on the prosecutor's promise not to use anything he said in a criminal prosecution, but then a different prosecutor came along and did so anyway? Wasn't that the reason a higher court overturned his conviction? (I think the state now has gone to a still-higher court to try and overturn the overturning - shades of Italy's legal system and Amanda Knox!)
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Pb

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Re: CA to Allow Private Lawsuits Against Gun Sellers
« Reply #5 on: December 12, 2021, 01:15:25 PM »
That violates the Protection of Lawful Commerce in Arms Act.

But what difference would that possibly make?   ;/

Hawkmoon

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Re: CA to Allow Private Lawsuits Against Gun Sellers
« Reply #6 on: December 12, 2021, 01:51:18 PM »
Haven't Americans everywhere always had a right to sue anyone? Why does California need a new law to allow this?
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French G.

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Re: CA to Allow Private Lawsuits Against Gun Sellers
« Reply #7 on: December 12, 2021, 03:23:18 PM »
Texas law is idiotic regardless of how you feel on the subject. This might get used on gun sellers but a no on any out of state manufacturer. Although with Raich you could argue that shutting down a Cali only seller would affect interstate commerce.
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dogmush

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Re: CA to Allow Private Lawsuits Against Gun Sellers
« Reply #8 on: December 12, 2021, 05:17:32 PM »
They can sue an out of state entity  in CA court for damages inflicted in CA.

They have a hard on for Polymer80, and have been trying to mess with them for a while.  I *think* that I remember P80 was based in CA before the state.gov ran them over to NV.

MikeB

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Re: CA to Allow Private Lawsuits Against Gun Sellers
« Reply #9 on: December 12, 2021, 08:36:32 PM »
Wasn't there a stink in the Bill Cosby prosecution where he gave a deposition conditional on the prosecutor's promise not to use anything he said in a criminal prosecution, but then a different prosecutor came along and did so anyway? Wasn't that the reason a higher court overturned his conviction? (I think the state now has gone to a still-higher court to try and overturn the overturning - shades of Italy's legal system and Amanda Knox!)

I didn’t follow it all that closely, but the trial happened in my neck of the woods so it was talked about a lot in local news and talk radio; and as I recall you are pretty much correct about how the Cosby thing happened. They opened what was supposed to be some kind of sealed court documents to make the case. That always seemed to me to not be right, not that I really cared about the whole deal all that much.

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WLJ

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Re: CA to Allow Private Lawsuits Against Gun Sellers
« Reply #11 on: June 01, 2023, 07:37:42 PM »
They can sue an out of state entity  in CA court for damages inflicted in CA.

They have a hard on for Polymer80, and have been trying to mess with them for a while.  I *think* that I remember P80 was based in CA before the state.gov ran them over to NV.

Update on that

Quote
    Los Angeles City Attorney Hydee Feldstein Soto announced a $5 million settlement Tuesday in a lawsuit against Nevada-based Polymer80, permanently prohibiting the company from selling its “ghost gun” kits in the state without first conducting background checks of buyers and serializing its products.

    As part of the settlement, the company must pay $4 million in civil penalties, and its two founders must pay an additional $1 million in civil penalties.

    “This settlement holds Polymer80 and its founders accountable, keeps guns out of the hands of prohibited people, makes L.A. neighborhoods safer and will help law enforcement to their jobs,” Feldstein Soto said in a statement.

    “More than 16,000 people have been killed by gun violence so far in 2023. This is an important step toward preventing unnecessary deaths, especially as Congress repeatedly fails to take action.”

So P80 owes LA $5M for not conducting background checks on an item that didn't require background checks.

LA, Polymer80 reach settlement on "ghost gun" sales
https://bearingarms.com/tomknighton/2023/05/31/ghost-gun-sales-n70966
« Last Edit: June 01, 2023, 08:18:21 PM by WLJ »
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