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AndyS

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Gender: Male
Hometown: Pelican Bay, TX 76020
Home country: United States
Current location: home
Member since: Thu Jan 20, 2005, 02:07 PM
Number of posts: 11,186

Journal Archives

Targeting Gunmakers in the Courts

Better than having them target us

Among the scores of industries covered in Violation Tracker, one of the most under-represented is the business of producing firearms. That’s not because gunmakers are particularly virtuous, but rather because there are few laws and regulations for them to violate. Federal oversight of the industry is pretty much non-existent.

The few penalties that have been imposed on companies such as Remington, Beretta, Colt’s Manufacturing, Smith & Wesson, and Sturm, Ruger have had nothing to do with their specific activity.

Instead, they have been imposed by agencies such as OSHA that oversee companies of all kinds.

The penalty total for each of these firms is no more than a few hundred thousand dollars—a trivial amount for an industry whose products do so much harm.
http://www.progressive-charlestown.com/2021/08/targeting-gunmakers-in-courts.html



The article also points out that the industry has enjoyed near impunity is the court system due to the 2005 Protection of Lawful Commerce in Arms Act.

Both the Sandy Hook Families vs Remington and Mexico vs Gun Makers lawsuits are cited as novel ways to hopefully hold the industry accountable for the death, injury and misery it causes. Sadly the last line in the piece is far too true:
"Significant change is not likely to happen any time soon, but meanwhile any challenge to the gun’s industry’s impunity is welcome."

As long as politicians can be bought by the death merchants little will change. As long as our voices are silent little will change. As long as our votes are worth less than gun money little will change.

The gun culture has declared war on the United States.

Second amendment sanctuaries are becoming a threat to the security of the country and government at all levels.

DOJ intervenes in lawsuit against Missouri state law attempting to invalidate federal gun regulations

The US Department of Justice (DOJ) on Wednesday filed a 28-page statement of interest in a lawsuit filed by the city of St. Louis challenging a Missouri state law that prohibits enforcement of federal firearms laws and subjects state and local law enforcement officers to civil suits and monetary penalties.
https://www.jurist.org/news/2021/08/doj-intervenes-in-lawsuit-against-missouri-state-law-attempting-to-invalidate-federal-gun-regulations/

Second amendment sanctuaries have been symbolic only and without the force or effect of law. The US Constitution clearly makes federal law the supreme law of the land that is superior to any state or local law. It's real simple. Article VI, section 2 says in no uncertain terms the following: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. “

However, recently the Second Amendment movement and the militia movement that it feeds is becoming a direct challenge to the very structure of American democracy. In the last year more than 1,000 cities, counties, townships, and villages declared themselves “sanctuaries” where “unconstitutional” gun laws will not be enforced.

For the most part 'second amendment sanctuaries' are just pandering to the gun nuts by bloviating politicians who would rather prostitute themselves to guns than govern. The only thing localities can legally do is withhold resources to enforce federal laws, they cannot interfere with federal or local agents enforcing those laws. The Missouri law does just that by placing punishment on anyone attempting to enforce those federal laws about guns. It is a direct assault on the Constitution of the United States.

Learn about the gun sanctuary movement here: https://www.thetrace.org/2020/01/second-amendment-sanctuary-movement/

It seems irony is not dead; gunners are citing the Constitution to overthrow the Constitution.

What the fuck is wrong with us?

"PLCAA is not going to be an issue for us,"

said Steve Shadowen, the lead attorney for the Mexican government. “We had enough confidence in our claims to say we’ll litigate them in [the gun industry’s] home court.”

According to the lawsuit, more than 180,000 people were killed with guns in Mexico between 2007 and 2019. More than 70 percent of all firearms recovered in violent crimes originated in the U.S.

The lawsuit names seven American gunmakers and one distributor as defendants: Smith & Wesson; Beretta; Glock; Colt; Sturm Ruger; Barrett; Century Arms; and Interstate Arms.
https://www.thetrace.org/2021/08/mexico-gun-companies-plcca-lawsuit/

The Mexican government is suing US gun makers for failing to control their distribution and feeding gun trafficking into their country. The PLCAA has protected gun makers from civil litigation for almost every possible misuse of or distribution of guns.

Mexico's lawyers argue that Congress only intended the PLCAA protections to apply inside U.S. borders. Since Mexico’s suit deals with injuries to Mexican citizens on Mexican soil caused by violations of Mexican law, PLCAA does not apply. Legal voices disagree over the validity of the suit's premise and protections offered by the PLCAA but this has a 50:50 chance of being a winning strategy. Time will tell.

Bottom line is that we need to get rid of the PLCAA which affords protections to gun makers and sellers that NO OTHER CONSUMER PRODUCT ENJOYS.

Family of Anthony Huber, killed by Kyle Rittenhouse, files suit against city of Kenosha

The family of Anthony Huber, who was fatally shot by Kyle Rittenhouse during riots in Kenosha, Wis., last summer, filed suit in Milwaukee on Tuesday, alleging that the city of Kenosha and its police and county sheriff’s departments openly conspired with White militia members, which gave them “license … to wreak havoc and inflict injury.”

In the first major federal lawsuit against the city, police and county resulting from the riots in August last year, attorneys say that Rittenhouse and other gunmen were given preferential treatment because of their race. If Rittenhouse were Black, the complaint reads, the “defendants would have acted much differently.”
https://www.washingtonpost.com/nation/2021/08/17/kyle-rittenhouse-kenosha-lawsuit/

The courts really are the last resort when it comes to guns, gun violence and the abuses of 'second amendment rights'.

San Francisco Sues Three Online Retailers for Selling 'Ghost Guns'

https://www.nytimes.com/2021/08/18/us/sf-ghost-guns.html

In a civil complaint filed in California Superior Court, District Attorney Chesa Boudin accused the companies — G.S. Performance, BlackHawk Manufacturing Group and MDX Corporation — of marketing a range of products in the state that furnish buyers with parts and accessories that can be quickly assembled into a functional firearm.

The suit claims that the companies, which explicitly say their products comply with federal and state laws, are targeting buyers who want to evade criminal background checks and buy guns without traceable serial numbers. The plaintiffs are seeking to outlaw sales of such parts.


These kits usually sell for as much as or more than legitimate serialized guns from a licensed dealer. Why, prey tell, would anyone pay more for and have to do machine work to assemble a gun that's cheaper to buy on the open commercial market?

Could it be that they're FELONS?

It shouldn't take more than two functioning brain cells to figure this out.

Can anyone guess what this ad is selling?

Of course the caveat that googleing the website is not fair.



Anybody?

Hint: it's not body armor or a bra.

Give up?

It's a company that manufactures trigger replacement parts for popular handguns.

Just proof that gunners are all just enthusiasts of shooting sports and aren't motivated by penis stimulation at all . . .

How pro-gun laws endanger the rest of us and hamper police work.

NEW from THE TRACE: Missouri’s “Second Amendment Sanctuary” law could complicate police efforts to solve gun crimes. Ten other states this year have enacted laws that prohibit state and local police from enforcing federal gun restrictions. But Missouri goes further by allowing fines of $50,000 dollars for agencies whose officers violate the statute. City and county officials have said that the law may stop police from testifying against gun offenders in federal court, tapping federal resources to solve local shootings, or working with federal agents to disrupt firearms trafficking. Meanwhile, victim advocates and law enforcement officials say it could hamper attempts to disarm abusers and prevent local authorities from reporting stores for failing to run background checks. Jennifer Mascia has more on the state’s new law, which goes into effect on August 28.
https://www.thetrace.org/2018/08/nibin-contra-costa-crime-lab-gun-violence/
https://www.thetrace.org/2021/08/missouri-second-amendment-sanctuary-law-gun-crime/

Why are guns so important that they seem to have rights not afforded to other inanimate objects?

The gun industry has money. Money buys politicians. Local politicians sell for less than Federal politicians. That's why all this gun nuttery is happening at the state and local level.

Ordinary people have VOTES if we would just pay attention and use them.

This is from the daily newsletter for The Trace. The Trace is a non-profit award winning news organization originally funded by Everytown for Gun Safety. https://www.thetrace.org/

A tale told by an idiot


Korea. Vietnam. Desert Storm. Enduring Freedom. Does Afghanistan even have a name or does it, like Vietnam, suffice as a definition of futility?

I'm tired. I'm sad. I'm weary of the repeated memories. New talking heads telling the same story about different people in different countries in different wars. Why don't we ever learn?

I did not serve in Vietnam but I served with the people who did. I saw soldiers dive under a table in a pizza joint because somebody took a flash picture. I was slugged in the jaw when I woke a fellow soldier too abruptly. I was there when a fellow dropped to the floor and took cover in a shopping mall for no apparent reason. My young wife helped with the makeup to cover the bruises given a wife by the night terrors of her husband.

And it don't mean a mother fucking thing.

All our yesterdays have lighted fools the way to dusty death. Life's but a walking shadow, a poor player that struts and frets his hour upon the stage and then is heard no more. It is a tale told by an idiot, full of sound and fury signifying nothing.

And it don't mean a mother fucking thing.

Not one mother fucking thing.

Inside the Pandemic is an Epidemic. Guns hurting kids.

Inside the Pandemic is an Epidemic. An epidemic of gunshot wounds for our next generation.

Hospital visits by children with gun injuries rose by almost 40 percent in 2020. That’s according to a new study published in the journal Pediatrics, which found there were more shooting-related patients treated last year than the previous three years, even as overall hospital admissions declined for people 18 and under. An unequal burden: The researchers found that Black kids had the highest rate of firearm injury, and that 49 percent of victims lived in neighborhoods with a very low Child Opportunity Index, a development indicator of economic opportunity. Researchers did not point to a specific cause of increased injuries. But lead author Kelsey Gastineau, a pediatric hospital doctor at Vanderbilt, told The Washington Post that it “is absolutely imperative that we prioritize counseling parents and other guardians on safely storing firearms.” She added, “We also have to proactively promote crisis support and violence intervention resources to kids and adults alike.”

An alarming trend magnified in Louisville: More kids have died in homicides this year than all of 2020. Through August 11, there were 17 kids under 18 who died, all but one from shootings. Last year, there were 16 youth homicides, and a city record of 173 overall. Sixty-five minors have also been injured in shootings this year. The Courier-Journal notes that Louisville’s surrounding Jefferson County had a juvenile homicide rate of 4.7 per 100,000, more than twice the national rate from 2010 to 2019, according to CDC figures. “Our future is dying off,” said Lacy Hatfield, whose teenage nephew was one of the homicide victims this year.

https://pediatrics.aappublications.org/content/148/2/e2021050223?utm_source=The+Trace+mailing+list&utm_campaign=4ad8ac4c25-EMAIL_CAMPAIGN_2019_09_24_04_06_COPY_01&utm_medium=email&utm_term=0_f76c3ff31c-4ad8ac4c25-51831121

https://www.washingtonpost.com/health/firearm-injuries-children-increase/2021/08/13/e4b99a9e-f621-11eb-9738-8395ec2a44e7_story.html?utm_source=The+Trace+mailing+list&utm_campaign=4ad8ac4c25-EMAIL_CAMPAIGN_2019_09_24_04_06_COPY_01&utm_medium=email

https://www.courier-journal.com/in-depth/news/investigations/2021/08/13/child-homicides-spike-in-louisville-surpassing-last-years-total/8074400002/?utm_source=The+Trace+mailing+list&utm_campaign=4ad8ac4c25-EMAIL_CAMPAIGN_2019_09_24_04_06_COPY_01&utm_medium=email&utm_term=0_f76c3ff31c-4ad8ac4c25-51831121

"Through August 11, there were 17 kids under 18 who died, all but one from shootings".That single sentence says it all. In the middle of a disease pandemic more kids died from gunshot then covid and all other causes.

I believe that the massive increase in gun sales to first time buyers is responsible. New owners of lethal weapons with no training and no concept of personal safety or self defense. Newbies without a clue.

It should be mandatory that anyone buying a gun own a safe storage device or a trigger lock. Simple, cheap and the most efficient way to keep guns out of the hands of unauthorized users like kids. Better yet is smart gun technology built into the gun; available, proven, inexpensive and allows access to the one who should have it if needed. Yet the gun industry has vehemently fought every one of these devices.

There are gun safety laws that don't infringe anyone's rights. We need to pass them and enforce them.

The Courts are the key to gun regulation. We should set them free of the PLCAA

LA Officers to sue Polymer80 after being shot by one of it's home made ghost guns

Two LA Sheriff’s Deputies have initiated legal proceedings against pistol kit manufacturer Polymer80 after being shot by one of its firearms last year. 
In their lawsuit, the officers allege that Polymer80 negligently sold an “untraceable home-assembled ghost gun kit,” which later seriously injured them during an ambush in Compton. The case is just the latest in a string of attempts by U.S. authorities to clamp down on unlicensed firearms, but it could set a precedent for future issues that arise around self-assembled guns, which are often 3D printed. 

Deputies Claudia Apolinar and Emmanuel Perez-Perez’s case is predicated on an ambush that took place in September 2020, during which they were shot in the head and arms while sitting in their police cruiser. Since then, neither officer has been able to return to work, with Apolinar suffering a broken jaw and arms, and Perez-Perez requiring the implantation of metal plates to hold his bones together. 
The case raises issues around homemade firearms given that the Deputies’ alleged assailant Deonte Lee Murray had previous criminal convictions, and was unable to buy a normal gun. Despite this, Murray managed to acquire a PF940C kit, which is designed as a frame replacement for a Glock 19 or 23, without Polymer80 notifying the authorities, before attacking law enforcement officers late last year. 



https://3dprintingindustry.com/news/la-deputies-to-sue-polymer80-after-being-shot-by-one-of-its-home-made-ghost-guns-194299/

They can sue because Polymer80 doesn't sell guns so they don't get to claim protection under the PLCAA.

The kit includes everything needed to assemble a complete firearm. All that needs to be done is some minor finish work like drilling a few holes to make the 'gun part' into a 'gun'. It also sells for more than the 'real' gun available in any gun store. Why would anyone spend more money and invest the time and energy to drill and fit parts instead of just buying the gun? Oh, that's right, some people can't pass a background check!

The law suit also says that the Polymer80 knew their firearms were likely to be used for criminal purposes, and that the shooter was able to commit the ambush because Polymer80's created a direct and secondary market with easy access to ghost guns. The shooter chose to shoot the Deputies with this Polymer80 ghost gun because he knew it was untraceable.

The whole 'ghost gun' industry, and it is and industry, will be hard to regulate. With a third of all crime guns in California being 'home made' with no way to trace them indicates that ghost guns are a major issue in gun violence.

The Biden administration wants to serialize the partly finished guns and repeal the PLCAA.

That's a start.
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