posted on Oct, 17 2015 @ 01:30 PM
a reply to: raymundoko
Think what you want.. I have tried to help you out and for whatever reason your gonna go down swinging. It protects dealers / gun shops if the law is
broken and the store did everything required for qualified immunity. It prevents the acts of a 3rd party from being held against the gun shops if the
shop did everything right.
If a person makes a straw purchase and the store failed to do its job, as in this case, they can be held liable by extension IE they can be held
liable for the actions the 3rd party took (in this case shooting 2 police officers).
The law I linked you to flat out states these shops have qualified immunity from civil actions unless the shop has cause to believe a sale is
fraudulent and they do noting to stop the sale resulting in injuries / death. That is what occurred in this case and when the guy who bought the guy
was charged with making a straw purchase it opened the door. The video and clerk testimony sealed its fate.
Read the law.
Read the definition of qualified immunity and how it applies to this situation.
Police officers have qualified immunity when performing their duties. If an officer violates the law / departmental policies they can lose qualified
immunity, opening them up to a lawsuit. Absent the violation an officer who is sued can invoke qualified immunity, usually the moment the paperwork
is filed, the quash the action.
The gun shop lost their qualified immunity by selling the firearm in violation of the federal law.
Law - Protection of Lawful Commerce in Arms Act.
Section 2 (p3)
(3) Lawsuits have been commenced against manufacturers, distributors, dealers, and importers of firearms that operate as designed and intended,
which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals.
(1) To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their
trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the
product functioned as designed and intended.
`(B) PROSPECTIVE ACTIONS- A qualified civil liability action may not be brought in any Federal or State court.
In 10 years only 2 civil suits have made it to the courtroom. This incident and one in Alaska, where the store owner won. All other actions have been
dismissed based on the qualified immunity. When the guy was convicted of a straw purchase the investigation looked into the stores actions, and as I
pointed out the clerk selling the gun had ample evidence the sale was not above board and went ahead with the sale anyways.
The civil action against the store stemmed from the criminal conviction of the straw purchase. Without that conviction the store could have invoked
their qualified immunity and this would never had made it past the filing stage.
Im not going to change your mind and your not going to change mine apparently.
edit on 17-10-2015 by Xcathdra because: (no reason