Legal Defense Fund for gun manufacturers?

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Skibane

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In the aftermath of S.659's defeat, gun manufacturers will continue to go it alone against frivolous lawsuits.

Seems to me that we haven't been doing enough to help protect them, by establishing a robust legal defense fund. Bushmaster has (or perhaps had - couldn't find any mention of it on their current website) a small fund set up, but not for the entire gun industry. Apparently, the NRA/ILA doesn't, either (although they could probably be expected to lend a hand in certain circumstances).

The point is, frivolous lawsuits would probably quickly cease as soon as it became known that even the smallest gun manufacturer could draw upon huge amounts of cash for mounting a legal defense. Suing gun manufacturers into submission would no longer be a viable tactic for the anti-gunners. Thus, future efforts to pass legislation like S.659 would be moot points.

Many gun owners seem to be under the impression that we are already supporting the legal departments of various gun manufacturers by simply buying their products. However, folks tend to forget that most firearms are relatively low-margin items, with very little of the proceeds from a sale ending up in the company's legal department. By contrast, a contribution directly to a legal defense fund would ensure that virtually all of the money went for that purpose – and only to the gun manufacturer who actually needed it.

Why hasn't more effort been expended in this area – or am I just missing something obvious?
 
They already have a legal defense fund: Insurance companies, the NSSF, and have you priced a new handgun recently?
 
I've never understood why the firearms manufacturers haven't turned around and counter-sued the jurisdictions that have brought these patently frivolous law suits against them.

Quite frankly nor have I...I had a conversation with an attorney for several gun comapnies down in the shot show and I expressed my view that the time is ripe for a Class Action Law suit (file it in Texas...5th circuit) on behalf of all gun manufacturers and dealers seeking money damages against sucjh entities as the Brady Bunch, the VPC, the AGS, the mayors and /or city governemtns of the suingcities together with their lawyers for conspiracy to violate the civil rights of the dealers and manuufaturers under colour of state laws (sec 1983) by way of a course of conduct including the filing of patently baseless lawsuits designed to deprive plaintiffs of their right to keep and bear arms...(add rights to do vbusiness etc)

Hell, every gun owner is a plaintiff!!! Nice class size huh?

Times like this make me want to practice again....


WilddreaminAlaska
 
They already have a legal defense fund: Insurance companies, the NSSF, and have you priced a new handgun recently?

That's right. I have a win-win: I will buy more firearms, and they can put the extra profits into a fund

Admit it: Y'all fell asleep halfway through my post, didn't ya? :D

Well, it was a little long and windy, perhaps...

Look at it this way: You buy a $500 firearm, and maybe a couple bucks of that makes its way into the company's legal department (if it even has one!), or is applied towards its ever-increasing insurance premiums – money that only goes towards defending that particular manufacturer against lawsuits, BTW.

OTOH, you chip in, say, $20 towards a legal defense fund, and probably $19.50 of it goes directly to fight the next frivilous lawsuit – regardless of which firearms manufacturer is the defendent. 4 million NRA members X $20 = a heck of a war chest!

Your choice: penny-wise, or pound-foolish?
 
A Better Idea

The way to help with frivolous lawsuits is easy. You don't make the losers pay... you make the loser's attorney pay... :what:

Under the American judicial system, judges and attorneys are made the gatekeepers to weedout frivolous lawsuits. In most jurisdictions, "frivolous" means the claim has no good faith basis in fact or law (existing law or an good faith argument that existing law should be changed or extended). If a frivolous claim is pursued, the judge may impose sanctions (including monetary sanctions) against both the offending party and attorney personally. In addition, the attorney may be subject to disciplinary measures by the bar licensing agency. I have seen this work, but of course, these remedies are not invoked often enough, IMHO.

And now the point: These lawsuits against gun manufacturers are relatively novel. It takes a bit of time for courts to develop a body of law to measure the frivolousness of claims against. Fortunately, the antis have not been fairing well. In the higher profile lawsuits (those drawing attention and support from the Brady Legal Action Project), antis have not been winning. The few case that have gotten very far have facts more complicated than a straight sale where a bad guy uses a firearm to commit a crime.

http://www.gunlawsuits.org/docket/docket.asp

These too shall pass, IMHO.
 
You don't make the losers pay... you make the loser's attorney pay...

Yep, spending even more time in court (and throwing more money at lawyers) is an approach that most small gun manufacturers are likely to embrace... :rolleyes:

These too shall pass, IMHO.

And until (or if) this 'body of law' develops, gun manufacturers will continue to be sued out of existence – Nice!
 
Yup, SkiB, that is what it means. Until there is uniform federal legislation prohibiting these suits, that is what we are left it. :rolleyes:
 
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