A longstanding lawsuit against an online ammunition supplier and the parents of the man accused of killing 10 people and wounding 13 at Santa Fe High School in 2018 can proceed to trial, a Galveston County court at law judge has ruled.
Gary, the case is not about buying a Suburban by a under age person, but it is about , "Under federal law, a person must be 18 to buy shotgun ammunition and 21 to buy handgun ammunition."
Did the companies do the right thing or did they sell to a person that was not of age to buy their product?
The company, "Lucky Gunner" "had faced a similar lawsuit after the 2012 Aurora movie theater shooting in Colorado in which 12 people were killed. But a federal judge dismissed that lawsuit in 2015." "under the federal Protection of Lawful Commerce in Arms Act which prohibits firearms and ammunition manufacturers and dealers from being held liable when their products are used in crimes."
That's Jim for you! DEMAND proof of age and identification to purchase ammunition but not to verify identity and age on mail in voting!
Check their website:
"Terms and Conditions
By using this website or placing an order with LuckyGunner.com, you are agreeing to the below statements and terms of sale.
Customer Affidavit
I am not currently less than twenty-one (21) years old
By selling or delivering ammunition and/or firearms accessories to me, LuckyGunner.com is not violating any state or local law or ordinance.
I am not under indictment for and have never been convicted in any court of a crime punishable by imprisonment for over one year
I am not a fugitive from justice
I am not an unlawful user or addicted to any controlled substance
I have not been adjudicated as a mental defective and I have not been committed to any mental institution
I am not an illegal or unlawful alien, and I am not a nonimmigrant alien
I have never been and I am not expected to be discharged from the Armed Forces under dishonorable conditions
I have not renounced my U.S. citizenship
I am currently not subject to a domestic violence restraining order of any kind
I have never been and I am not expected to be convicted in any court of a misdemeanor crime of domestic violence
I will not conduct an unauthorized export of any defense articles"
Agreement to Indemnify and Defend for Misrepresentation
If any of the above statements under the “Customer Affidavit” section of these Terms and Conditions are untrue, you agree to release, hold harmless, indemnify, and pay to defend LuckyGunner, LLC (DBA LuckyGunner.com) and its owners, agents, officers, and employees against any resulting damages, including reasonable attorneys' fees, civil liability, or criminal prosecution.
https://www.luckygunner.com/terms-and-conditions
This will be tossed out if it goes further.
Jim, if you demand verification on ammo sales, shouldn't you be consistent and demand verification for ballots?
I'm not demanding anything, just stating what the lawsuit is about. Gary was talking about federal law, and I posted it.
The system has ruled that it can be heard and the judge or jury will decide what the outcome should be. Part of the outcome will hinge on what ID is required to buy ammo on line.
I fully expect that this ruling will be overturned as the fraud was committed by the shooter and the ammunition seller's due diligence appers to be adequate. Bringing a bigger company into the mix is a classic trial lawyer move as they search for the deepest pockets they can find.
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(11) comments
Liberal judge ignores federal law? Nothing new! Will GM be sued when a drunk uses a Suburban to kill a family?
Jack Ewing is a liberal? That's hilarious.
Gary, the case is not about buying a Suburban by a under age person, but it is about , "Under federal law, a person must be 18 to buy shotgun ammunition and 21 to buy handgun ammunition."
Did the companies do the right thing or did they sell to a person that was not of age to buy their product?
The company, "Lucky Gunner" "had faced a similar lawsuit after the 2012 Aurora movie theater shooting in Colorado in which 12 people were killed. But a federal judge dismissed that lawsuit in 2015." "under the federal Protection of Lawful Commerce in Arms Act which prohibits firearms and ammunition manufacturers and dealers from being held liable when their products are used in crimes."
https://abcnews.go.com/US/wireStory/suit-proceeds-ammo-sold-accused-texas-school-shooter-76616894
That's Jim for you! DEMAND proof of age and identification to purchase ammunition but not to verify identity and age on mail in voting!
Check their website:
"Terms and Conditions
By using this website or placing an order with LuckyGunner.com, you are agreeing to the below statements and terms of sale.
Customer Affidavit
I am not currently less than twenty-one (21) years old
By selling or delivering ammunition and/or firearms accessories to me, LuckyGunner.com is not violating any state or local law or ordinance.
I am not under indictment for and have never been convicted in any court of a crime punishable by imprisonment for over one year
I am not a fugitive from justice
I am not an unlawful user or addicted to any controlled substance
I have not been adjudicated as a mental defective and I have not been committed to any mental institution
I am not an illegal or unlawful alien, and I am not a nonimmigrant alien
I have never been and I am not expected to be discharged from the Armed Forces under dishonorable conditions
I have not renounced my U.S. citizenship
I am currently not subject to a domestic violence restraining order of any kind
I have never been and I am not expected to be convicted in any court of a misdemeanor crime of domestic violence
I will not conduct an unauthorized export of any defense articles"
Agreement to Indemnify and Defend for Misrepresentation
If any of the above statements under the “Customer Affidavit” section of these Terms and Conditions are untrue, you agree to release, hold harmless, indemnify, and pay to defend LuckyGunner, LLC (DBA LuckyGunner.com) and its owners, agents, officers, and employees against any resulting damages, including reasonable attorneys' fees, civil liability, or criminal prosecution.
https://www.luckygunner.com/terms-and-conditions
This will be tossed out if it goes further.
Jim, if you demand verification on ammo sales, shouldn't you be consistent and demand verification for ballots?
I'm not demanding anything, just stating what the lawsuit is about. Gary was talking about federal law, and I posted it.
The system has ruled that it can be heard and the judge or jury will decide what the outcome should be. Part of the outcome will hinge on what ID is required to buy ammo on line.
More laws through judicial decree? Not good.
Same laws.
Those laws passed Constitutional muster, Jim.
And the judge or jury will rule if the law apply in this case.
Also will rule if " federal law that protects companies when their products are used in crimes" applies in this case.
Mr. Ponce> [thumbup][thumbup][thumbup]
I fully expect that this ruling will be overturned as the fraud was committed by the shooter and the ammunition seller's due diligence appers to be adequate. Bringing a bigger company into the mix is a classic trial lawyer move as they search for the deepest pockets they can find.
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Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
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