Family Of Philly Teen Shot To Death Sues Gun Store

[-Cp]

Family Of Philly Teen Shot To Death Sues Gun Store
Suit Accuses Upper Darby Store Of Negligence For Selling Gun

PHILADELPHIA -- The family of a teenager accidentally shot to death by a friend last year is suing the gun store that sold the weapon.

The lawsuit is the second of its kind initiated by the Washington-based Brady Center to Prevent Gun Violence. The center pursued a similar case for another Philadelphia family last year that ended in an $850,000 settlement.

Anthony Oliver Jr. was shot July 23, 2004, while playing video games with a friend. The other teen had bought the gun on the street for $50, officials said. He told authorities he thought the safety was on when he accidentally shot Oliver; he was charged as an adult with third-degree murder.

In the Common Pleas Court lawsuit filed Wednesday, Oliver's parents accused Lou's Loans of Upper Darby of negligence for selling the .25-caliber gun to a "straw buyer." The gun had been traded on the black market and federal investigators traced it to Lou's Loans.

Storeowner Stanton Myerson said he hadn't seen the complaint, but that all gun buyers have to have their backgrounds checked by state police.


http://www.nbc10.com/news/4751806/detail.html

 

[Hobbit]

Isn't there case law that says weapon manufacturers cannot be held responsible for the use of their weapons as long as the sale was conducted according to all federal and state guidlines.

I mean, it's not like the gun viciously attacked the kid. Somebody didn't lock it away securely. It's THEIR fault that the kid grabbed it and shot someone.

 

[Gunny]

Isn't there case law that says weapon manufacturers cannot be held responsible for the use of their weapons as long as the sale was conducted according to all federal and state guidlines.

I mean, it's not like the gun viciously attacked the kid. Somebody didn't lock it away securely. It's THEIR fault that the kid grabbed it and shot someone.

What isn't included is whether the original purchase from this store was completely legit. If it was, then this will be just another bullshit lawsuit that will award the family a settlement based on sympathy points.

 

[Johnney]

your both right. stupid article doesnt state whether or not it was.
the store sounds like a pawn shop of sorts. surley he would have some papertrail there.

btw, whats a straw buyer?

 

[William Joyce]

What's depressing is that it almost doesn't matter what the caselaw says. Defending even bogus lawsuits can bankrupt a place like Lou's Loans. The NRA should step in and fund their defense with all that money I give them.

 

[pegwinn]

What's depressing is that it almost doesn't matter what the caselaw says. Defending even bogus lawsuits can bankrupt a place like Lou's Loans. The NRA should step in and fund their defense with all that money I give them.

Don't judges get a briefing paper of the case? Can't he/she simply dismiss by judiciously intoning....... "This, Is, Stupid"?

 

[Bullypulpit]

It's just another case of trying to pin the blame for one's actions on someone else. If the original buyer of the gun and the shop owner followed all applicable state and federal regulations regarding the sale of the weapon, the shop owner has no culpability or responsibility once the gun leaves his store.

 

[William Joyce]

Don't judges get a briefing paper of the case? Can't he/she simply dismiss by judiciously intoning....... "This, Is, Stupid"?

Yeah, but think of how left-wing our judges are. They are sympathetic to the nuttiest liberal ideas and let them ride. So, maybe, but I doubt it. Most of the legal profession, from lawyers to judges, sees the legal system as a tool for creating Soviet America.

(And that briefing paper, btw, can cost thousands in legal fees!)

 

[Johnney]

all they are looking for is a scape goat to take the blame. and this poor slob is going to take the brunt of it. small business always takes it in the ass in the end.
if it wasnt for this guy taking it, you could figure they would have wanted to sue the manufacturer for sure