Gander Mountain's Rochester outlet sold guns to a customer who filled out and certified the veracity of her entries on ATF's Form 4473 "Over the Counter Transaction Record," and passed the NICS check, clearing the transfer of the guns. They're being sued for that by the Brady Center on behalf of shooting victims and families, because the purchaser then turned the guns over to a "prohibited" felon, who went on a shooting rampage.\
Is Gander Mountain supposed to assign someone to follow all of the gun purchasers around to make sure they don't break any laws?
Gander Mountain is being sued for following the law to complete firearms transactions, and for not having ESP and being able to read minds, and look into the souls of other human beings. Gander Mountain is being sued for not having special powers and abilities not possessed by any other mortals, but expected and required of gun dealers.
I don't have ESP, so I guess I'm open to being sued if a customer goes on a shooting spree with a gun they gt from me. The judge should dismiss this under the "Lawful commerce in arms" act. It is supposed to protect manufacturers and dealers from frivolous lawsuits like this one. We have no control over what a customer does when they walk out that door.
Suing a manufacturer or dealer over a defective product is one thing. This is completely different. As a dealer, I can tell you that a lawsuit like this scares the living hell right out of me.
Gander Mountain is being sued because it has deep pockets. And most of all, Gander Mountain is being sued because it has committed an unforgivable offense: It sells guns, a trade the antis are determined to impede, to harass, and ultimately, to terminate.
I don't have deep pockets. All it would take is the treat of a lawsuit and I would be ruined. My very small business and probably even my home and cars would be gone just to try to find a reasonably competent attorney. That's what the gun haters want. They want to put as many dealers as they can out of business. And Bloomberg is going to finance the effort.
1 comment:
Perfect case of a "Straw" purchase, they have no grounds to go after Gander, they need to go after the female customer.
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