We Lost Our Daughter to a Mass Shooter and Now Owe $203,000 to His Ammo Dealer

lucky-gunnerLonnie and Sandy Phillips, they tragically lost their daughter to the nut job Aurora theater shooter.  They sued lucky gunner, and their case was rightly dismissed.   They are seen lately complaining about that dismissal in the Huffington Post.

Their theory was that LG should be held liable for selling the shooter ammo.  For good reason, the judge disagreed, and in that dismissal ordered the Phillips’ to pay LG’s attorney’s fees.  To the tune of 200k.  The Brady Center apparently arranged counsel for the Phillips’.  I wondered previously, why they would be responsible – as a part of any obviously flawed suit, why would they not insist that Brady cover their liability?

Because that would make too much sense.

Because the Phillips are using the fact that they got slapped with fees towards their cause.  Ridiculous.

In its dismissal, the Court said:

“It is apparent that this case was filed to pursue the political purposes of the Brady Center and, given the failure to present any cognizable legal claim, bringing these defendants [Lucky Gunner] into the Colorado court… appears to be more of an opportunity to propagandize the public and stigmatize the defendants than to obtain a court order.”

Some excerpts from the Huffington Post article, and random thoughts:

To make matters worse, the judge ordered that we pay $203,000. This is an outrageous amount, especially given that this case was decided after one single motion!

Yep, that’s pretty standard.  Lucky Gunner doesn’t have a dirt-lawyer like me representing them.  What did they think their liability would be?

Lucky Gunner has said that it is going to donate all these fees to “gun rights” groups. The thought is disgusting to us that Lucky Gunner does not even plan to use this money to pay for their attorney’s fees.

Disgusting?  And continuing to drag the tragic loss of their daughter and her memory through such a failed and fruitless effort is…?

Lucky Gunner wants to use blood money to fund the NRA and like-minded groups. See for yourself. Check out Lucky Gunner’s self-serving description of our case then click on “Head Here” (the green words at the end of Lucky Gunner’s last sentence) to find out how the money is to be distributed.

Blood Money?  No no, you mean your money.  I’m reminded to renew my NRA membership.

“We believe that the judge’s decision was wrong, and that it is unconstitutional to financially punish people for bringing a lawsuit, especially a public interest case that did not seek a dime.

Boo hoo.  Obviously, someone didn’t read the constitution.   And take it from me, just because you plead a cause for the “public good” doesn’t make you exempt from rules.

We hope that we are spearheading a movement to expose these egregious and unconstitutional laws for what they really are. They are an attack on our civil liberties.

Keep hoping.  Hoping and Changing.  And who’s attacking civil liberties? (Answer: they are).

With these laws in place ordinary citizens are effectively barred by the exorbitant cost from bringing any civil action against sellers of firearms and ammunition.

No, with these laws in place people are properly barred from frivolous and vexatious litigation.  That’s good.

Why is there a law that says you cannot sue an ammunition dealer that allowed 4,000 rounds of armor-piercing bullets into the wrong hands?

Its obvious they did not listen to counsel when this concept was explained.  And that armor-piercing thing again…. .

We are calling on the citizens of this country and the gun violence prevention community to stand ready to help us get in the face of state and national legislators. Join us in helping to get the word out to the American citizens who are not aware of how these laws take away the rights of victims of gun violence.

Keep calling.  Don’t expect an answer.

But I do love me some attorney’s fees.  Getting them, not paying them.  There’s that whole “think before you do” thing.   Or not.






Paper is Just That, Part 2.

Deputy Myers.

Okaloosa Sheriff Deputy Bill Myers gunned down by a domestically violent nut case.


Myers was at a local law office to serve a domestic violence injunction on Joel Dixon Smith.  Asked to appear at Smith’s lawyers office to serve the injunction and collect Smith’s guns.  Unfortunately, Myers turned his back on Smith, who shot the Deputy multiple times in the back and head.


Authorities say Joel Dixon Smith, a 33-year-old Niceville man, shot Myers outside the law offices of Cotton & Gates on Plew Avenue. Smith was there meeting with his attorney, Mike Gates, who called the Sheriff’s Office and said his client was prepared to surrender his weapons, as required by the injunction.

Dixon fled the scene and was followed to a local hotel where he was shot by the County SRT.

And of course, the left already using this terrible thing for, some point I cannot see, or agree with:


There are multiple things that could have been done to avoid this tragedy, but I am reminded that injunctions are just that.

There is a go fund me page (the only good thing found in the opinion referenced above):




Continue reading Paper is Just That, Part 2.

Bersa Thunder .380.

Bought in 2008.  Probably had 2500+ rounds through it.  Lots of people don’t like them.  I visited one shop, where the counter clerk sniffed “we don’t sell Bersa here, they’re no good.”  Snob.

Sure, there are better guns out there…. .  But the Bersa is affordable, has a lifetime warranty and does shoot well.  It’s light and easy to carry too.  Think Walther PPK clone.

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Thunder lower with new parts.

I beg to differ, on one hand, yet this one has been in for repair 3 times.  Once for a broken trigger return spring and twice recently for a bad safety lever.  Nice to have a lifetime warranty.

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New De-Cocker cam and firing pin.

On the first recent trip, the entire slide was replaced, and when it was returned, the safety lever still did not operate correctly.

Back it went, and this time they replaced the hammer, sear, sear spring, hammer strut, mag safety, ejector, “d4 cam” (whatever that is…), de-cocker cam and trigger bar.  Hmm.  Would it kill them to just gimme a new one?

IMG_0904 - CopyOff to the range to try it out soon hopefully.  Looks to be working, function tests fine.




Ammo Availability.



Consider in just the last few years there have been attempts to control or restrict ammo via several rationales, including:

  • Environmental — the claim that any lead-based projectiles will lead to the ultimate demise of endangered species by wildlife ingesting lead from hunters and shooters.
  • Public Safety — the all-too recent attempt to eliminate 5.56 green tip ammo as a supposed fix for preventing penetration of law enforcement body armor. Never mind that any high velocity rifle round has this penetration ability.
  • Leave your fingerprint — recent attempts in the land of fruit and nuts (CA) to have purchasers of ammunition have their fingerprint on file.
  • Taxation — there’s already a tax on most ammo through the Pitman Robertson Act….now Seattle, Washington politicians have decided to tax its residents even more on ammo purchases in the name of funding anti-gun propaganda.
  • Quantity restrictions — Numerous discussions lately by liberals on restricting ammunition sales to a minimal amount per week or month.