Delaware putting all the gun shops out of business by lawsuit.

[Master Blaster]

Our wonderful legislature has proposed a new edit to Delaware law in this session that could allow all gun shops to be sued out of business.
Currently delaware law protects FFls from being sued for a negligent transfer of a firearm if they follow all the requirements for Federal and Delaware law in transferring a firearm. That means doing an NICS background check, form 4478, and the person they sell the firearm to receives a proceed as they are legally able to buy a firearm.

The Legislature wants to strike the section from the law that makes it an affirmative defense and prevents the FFL from being sued for the illegal acts of a third party. In the case that prompted this a woman bought a gun legally at Cabelas and then gave it to her felon boyfriend who sold it to another felon who was a juvenile. That felon shot another teen dead and the teen's Family is suing Cabelas the FFL that sold the gun.

My legislators work for Michael Bloomberg and Americans for Handgun safety / Moms demand action.

I believe this is Bloomberg's new national strategy, to put shops out of business.

https://www.wdel.com/news/we-think-...cle_8a5200ba-eb52-11ec-aa22-2f1eb07fd9ba.html

 

[Rule3]

Some biased news article


Awaiting consideration in Committee

https://legis.delaware.gov/BillDetail?LegislationId=129672

 

[W.E.G.]

They keep that up, it will soon be illegal to buy rope in Delaware.

 

[dogtown tom]

Currently delaware law protects FFls from being sued for a negligent transfer of a firearm if they follow all the requirements for Federal and Delaware law in transferring a firearm.

Curious, but how is it a "negligent transfer of a firearm" if all the requirements of Federal law and Delaware law are followed?

 

[Master Blaster]

Curious, but how is it a "negligent transfer of a firearm" if all the requirements of Federal law and Delaware law are followed?

Its about suing for damages in civil court not a violation of criminal law. If a Plaintiff has enough money he can bankrupt you with lawsuits even if he loses them all. Sometimes an insurer will settle to avoid the legal fees which will cost them more than the settlement.
Juries have FEELINGS and may rule in favor of a sympathetic plaintiff even if the facts and the law do not support it.
Most of our gun shops are small businesses and they cannot afford the lawsuits.

 

[Jim Watson]

Right. I wish the distributors and manufacturers would decline government orders from places like that.
Let the AGEs and do-gooders' bodyguards protect them with good old British Bobby truncheons.

 

[dogtown tom]

Its about suing for damages in civil court not a violation of criminal law. If a Plaintiff has enough money he can bankrupt you with lawsuits even if he loses them all. Sometimes an insurer will settle to avoid the legal fees which will cost them more than the settlement.
Juries have FEELINGS and may rule in favor of a sympathetic plaintiff even if the facts and the law do not support it.
Most of our gun shops are small businesses and they cannot afford the lawsuits.

Again, what is a negligent transfer if all federal and state laws are followed?
I understand civil suits vs criminal charges, but you haven't described what or how its a "negligent transfer of a firearm" if all the requirements of Federal law and Delaware law are followed. If it was "negligent", then the transfer DID NOT comply with Federal law or state law.

 

[John_R]

Negligence and law don’t always intersect.

https://legaldictionary.net/negligence/

 

[John_R]

Will Home Depot or Academy be sued for selling hammers and baseball bats used in crimes? Such a colossally dumb concept.

 

[lilguy]

Michael Bloomberg buying his salvation. A billionaire with a messianic complex, it’s hard to argue with that type,

https://www.theatlantic.com/politic...berg-i-have-earned-my-place-in-heaven/437457/

 

[F-111 John]

Again, what is a negligent transfer if all federal and state laws are followed?

That would be left up to a jury to decide. And even if a jury found for the defendant, s/he would still be out the tens of thousands in legal fees for the court defense.

It was someone wiser than me who said "the process is the punishment."

 

[CapnMac]

This will have strayed a long way from the general requirements of Legal.

We do not have a citation of the law in question. And judicial practice, especially civil tort law seldom advances discussions of legal firearms ownership.

 

[Frank Ettin]

Way too much heat and not nearly enough light.