How do you prove that these retailers are selling goods to someone who has a criminal intent?
Let's deconstruct this desperate attempt to get money. I'm sorry if that last sentence comes off as offensive or insensitive, but I am a very blunt
person. And yes it is insensitive. However the lawsuit being presented has no actionable content behind it.
So here we begin.
Criminal intent. Defined: The intent to commit a crime: malice, as evidenced by a criminal act; an intent to deprive or defraud the true owner of his
property. People v. Moore. 3 N. Y. Cr. R. 458. (source: Black's Law Dictionary)
Law Dictionary: What is CRIMINAL INTENT? definition of CRIMINAL INTENT (Black's Law Dictionary)
What did Mr. Holmes commit before purchasing the goods? Did he rob a store? Was he with a bad crowd? Was his psycho pass clear and not cloudy? [Joking
about the pass.]
All jokes aside was there any clear signs from anyone that this person was going to commit to a homicidal act of sheer madness? Friends? Family?
Was there any possible way to detect this persons actions as deviant or a subterfuge? Simply purchasing anything can look deceiving enough as it is.
Anything and everything can become a weapon if used correctly. As for body armor. It is a clear sign, as proposed in plain sight, to repel bullets.
But this does not show criminal intent alone, or purchased together with other items. In fact it is quite common to see hunters purchasing body armor
during any part of the year to help prevent friendly crossfire damages. Any combination of guns, bullets, and armor can be viewed at face value with
criminal intent. Adding a psychiatric evaluation can be easily dissected by true mad men. If they truly want to commit a crime they will find a means
to do so.
But let us dive a little deeper than a psychiatric evaluation. What if the armor was not purchased? Several other mad men have killed without armor.
Fully accepting their final will and testament knowing they are to die. Some take their own lives after killing and injuring even more people. Some
even did it without purchasing guns at all. I am talking about oaklahoma city back in the nineties. What about england in the same decade? Each and
every mad man is a different case, a different story, a different method. A different target. With armor, bullets, heck even dynamite being easy to
steal or obtain the question only relies on the person itself.
Most crimes are based off of pure impulse. And impulse alone. Detecting this impulse in someone is almost impossible to stop a tragedy. To say someone
illegally sold these items. Heh. I could go to a privately own guns and ammo store and purchase the gun, ammunition, and body armor all in one visit.
As long as I have a permit, and I have an ID. Buying online is no different than walking into a store. The only difference is the small talk chance
never occuring. Only... who has time for small talk anyway? Even given the chance store owners are more interested in making a sale. And they really
do not care who buys what for what. As long as they have that permit and an ID they are allowed to purchase most guns on their shelf.
So where should psychiatric evaluation happen? Point of sale? Or per permit? Either way time is the greatest enemy in either case.
So.... if they are going to try and sue the state of Colorado I say good luck.
edit on 9172014 by GiulXainx because: (no reason given)