BIG: SCOTUS allows suit against gun manufacturer to go forward

Discussion in 'Politics' started by UsualName, Nov 12, 2019.

  1. UsualName

    UsualName

    Next you’ll be telling us water is wet.
     
    #11     Nov 12, 2019
  2. Oh, there are many people here reminding you of the obvious every day.

    Since when do you not need to have the basics explained to you on a daily basis?

    Instead of getting snarky, you should be taking notes when others post.

    YOU ARE WELCOME.
     
    #12     Nov 12, 2019
  3. LS1Z28

    LS1Z28

    The PLCAA is in place for the specific purpose of keeping firearm manufacturers from being held liable for crimes committed with their products. It seems this lawsuit is unique though because they are claiming Remington broke state marketing laws, and that isn't covered by the PLCAA.

    We'll see what happens. If anything comes out of this lawsuit, it will probably just change the way firearm manufacturers advertise their products.
     
    #13     Nov 12, 2019
  4. Just like tobacco, it changed they way they can advertise but did not stop people from smoking.
     
    #14     Nov 12, 2019


  5. Ahhh, sorta.

    The federal law actually has a provision expressly allowing claims of liability if marketed in some way that contributes to resulting harm, and the defendants went down that road. The court did not conclude that remington had done that, only that the federal statute did not- on its face- exclude the ability to make that claim and that it could then be determined in court. Versus a summary dismissal without trial or hearing.

    Your conclusion is still valid though. It would result in a change in how the guns are marketed, not whether they can be sold at all. Other cases may try for that, but that issue is not before the court in this case.
     
    #15     Nov 12, 2019
    LS1Z28 likes this.
  6. Snarkhund

    Snarkhund

    Remington will declare bankruptcy.

    Frankly they were already on the way out. The last time I picked up a new Rem-700 it was really just garbage and my Rem-870 failed catastrophically as well. I would never buy another Remington so no loss here

    An older Rem-700 is quite a good weapon though particularly with a wood stock.
     
    #16     Nov 12, 2019
    AAAintheBeltway likes this.
  7. LS1Z28

    LS1Z28

    You're right. I didn't word that very well. I meant that gun manufacturers aren't covered by the PLCAA against lawsuits whenever they break marketing laws. That's one of the few exceptions the law provides.

    My guess is that the plaintiffs will have a hard time proving Remington used illegal "deceptive marketing practices" in their advertisements. You never know about lower level courts, but I'll be surprised if they win the lawsuit.
     
    #17     Nov 12, 2019