SCOTUS Upholds Protection of Lawful Commerce in Arms Act, DEC 2009

[GreenStormCloud]

http://230grain.com/showthread.php?p=80178

The Supreme Court has turned away a new challenge to a 2005 law that gives gun manufacturers immunity from lawsuits by shooting victims.

The justices on Monday refused to hear an appeal from Hector Adames Jr. to revive his lawsuit against the Beretta U.S.A. Corp. over the accidental shooting death of his 13-year-old son.

The Illinois Supreme Court threw out the lawsuit, citing the federal 2005 Protection of Lawful Commerce in Arms Act.

Adames' son, Josh, was shot and killed by 13-year-old Billy Swan, who found his father's Beretta and removed the magazine containing the ammunition. He pointed the gun at Josh and pulled the trigger, not knowing that a bullet remained in the chamber.

Adames sued Beretta, saying the gun did not have the proper warnings or a safety mechanism that stops the gun from being fired without the magazine in place.

The case is Adames v. Beretta, 09-253

SCOTUS has rejected several other challenges to that law. The latest one appears to have exhausted the diffent arguments tht can be brought to bear. The lower courts should have clear guidance now.

[Fire_Medic_Dave]

1. Correct decision.

[SteveM]

2. Good decision. I used to be a mechanic, and what customers told me was revealing...

When diagnosing "over the phone" (my operation was a mobile service), I would ask: "Do you have warning lights or gauges?" The answer was usually: "I don't have either."

Tells you a lot about how many folks read the owner's manual for their cars.

[Katya Mullethov]

7. Yeah ........whatever

You were the last guy that worked on it . And now it wont start .

[SteveM]

12. My Dad had one better: "you were the last one USING it, and now it won't start." nt

[SteveM]

13. My Dad went one better: "You were the last guy USING it, and now it won't start." nt

[rd_kent]

3. Common sense wins. Now if only some here would get some common sense.

[proteus_lives]

4. Good.

It was the right decision.

[aikoaiko]

5. Another failed attempt by the Brady Campaign to exploit a tragedy for their anti-gun goals

At some point the Brady campaign must wonder if they are relevant anymore.

[GreenStormCloud]

8. Hey, as long as they can get Joyce Foundation money, why should they care? N/T

[OneTenthofOnePercent]

9. Lets face it, if the Brady bunch wanted to pay me 6 figures as an analyst...

You bet your ass I'd work for them.

I can't imagine they do any real data analysis though. :rofl:

[oneshooter]

10. If they did hire you

would you give them the truth, or what they want to hear.:evilgrin:

Oneshooter
Livin in Texas

[spin]

6. K&R (n/t)

[taurus145]

11. Merhinks the turd I mentioned leaving in IL in another thread

is named Kilbride.

I get the feeling Justice Kilbride didn't like the majority opinion and simply sat this one out.

I could be wrong.