Now, federal law says sellers have general immunity from lawsuits arising from criminal misuse of firearms. That law has withstood constitutional scrutiny time and time again. There are exceptions to the law. The Plaintiffs don’t fall under any of those exceptions. Of course, that will be for the Court to decide.
The Plaintiffs are going to argue “negligent entrustment” under the law, that they fall under any exception, and all that. The case should be dismissed. But all you need is a liberal federal judge to deny motions for dismissal, allowing the matter to proceed. Then it gets expensive. Really expensive. Even if you prevail.
UPDATED: Oath keeper Volunteers Thumb Nose at Ferguson PD:
Nailed it.
Volunteer groups appear in Ferguson, to do what the Mayor and Governor could not, or would not do – provide protection to law-abiding citizens, and those volunteers are threatened by the police. Under the guise that they are providing security without proper business permits… . .
– If individuals accept the services – consent to it – and are happy to have it (maybe even get documentation to that effect),
– No payment is exchanged, and any services are voluntary,
– Open carry is not unlawful in Missouri…. .
Then a good guy with a gun is a deterrent anywhere.
Yes, the issue can be more complex than the analysis above – just get a buncha lawyers involved – but the Ferguson PD’s rationale itself is flawed. It’s none of their business if shop-keepers want to have others maintain a lawful presence in or around their property, or for that matter, if property owners wanted to do it themselves.
Though, if I were a business owner in that situation, I would contract with any security if I could. With an established company that that has insurance. That have employees that are vetted and checked out. Cases have been made for vicarious liability from the acts of trustees or volunteers… . Damn lawyers.
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