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AndyS

AndyS's Journal
AndyS's Journal
March 24, 2022

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March 24, 2022

The other 'Sandy Hook Lawsuit' . . .

Alex Jones will not attend deposition today in Sandy Hook defamation lawsuit LINK

A civil suit against Alex Jones has been going on almost as long as the one against Remington. Jones, on his InfoWars website in in his podcasts, promoted the idea that the Sandy Hook tragedy was a false flag operation with professional actors and Hollywood style special effects engineered by the Deep State to get support for gun control. Among other things Jones published pictures of the families, their addresses and contact information which resulted in so much harassment and so many death threats that they were forced to move and each time Jones published the new information so they had to move again. All on top of living through the agony of losing a child to the most horrific of crimes.

The families brought suit against Jones and his media company alleging defamation of their character with lies about the children's deaths.

After years of legal challenges, obfuscations, refusal to comply with court orders or provide discovery and ignoring court ordered sanctions the judge had enough and declared default judgement, the equivalent of a death penalty in civil court. There is nothing left but to access damages against Jones et al. In a last effort to defy any sense of decency he is refusing to show up for a deposition in the settlement hearing.

I write all this to remind anyone who reads it of the power of the Gun Culture. The entire ordeal these families suffered through was because Jones said 'they want to take your guns away.' For all the other conspiracies InfoWars foments, this one destroyed what was left of these families' lives. It is the insane infatuation with guns and the culture fostered by that industry that Jones used to promote his media company.

It is also an object lesson about the power of money and the ends to which industry will go to for it. The gun industry and the conspiracy industry of which Jones is a prime example will sink to any level to make another buck. For Jones it wasn't about 2nd amendment rights, it was about selling more male enhancement pills. The same with gun makers. It's the cash.

Only cash can oppose this monstrosity. It is a sad commentary but money talks and humanity walks. Get mad, get active and get even. Go here.


March 12, 2022

Chicago Mayor Lori Lightfoot considering suing gun makers.

Mayor Lori Lightfoot says she is being encouraged to “sue the hell out of” gun manufacturers, reports the Chicago Sun-Times. And she “hinted strongly she plans to oblige, though the odds are long and the legal paths narrow.”

“I don’t want to tip my hand here. [But] we are looking at every possibility to make sure these manufacturers understand the magnitude of the damage that is being done in cities like Chicago,” Lightfoot said before the newspaper’s editorial board.
https://www.wbez.org/stories/the-rundown-lightfoot-weighs-suing-gun-manufacturers/35e5bfda-4df9-4d9b-a192-951bb9389fcc

Elsewhere in the original article (a wide ranging discussion of government and police accountability) Mayor Lightfoot said:

“It’s gonna be very difficult because, unfortunately, the gun lobby locked up Congress and there’s very narrow exceptions in which a gun manufacturer can be sued. But I’m not leaving anything on the table. We’ve got to look at every option. … If we can’t control the number of guns that are coming across our border — if there is no accountability for gun manufacturers — we are gonna be constantly fighting a losing battle.”

As the mother of a 14-year-old daughter, Lightfoot said she “knows what hormones are” and “what impulse control or lack thereof” is all about.

“These kids with access to guns is the worst thing ever because they’re juveniles. … Putting a gun into a volatile situation with a juvenile with a brain that isn’t fully matured, you’re asking for trouble,” she said.
https://chicago.suntimes.com/city-hall/2022/3/10/22971431/chicago-violent-crime-lightfoot-brown-police-department

It's beginning. Thanks to the parents of Sandy Hook who would not stand down because it was hard, it's beginning. They paved the way, now it's our turn. The Gun Vultures are not invincible. We can do this!
March 11, 2022

The Sandy Hook settlement is just the beginning . . . This ain't over folks.

Insurers and reinsurers providing liability coverage for gun manufacturers did so believing that federal law protected gun manufacturers from liability arising from shootings under the federal Protection of Lawful Commerce in Arms Act (PLCAA). It seems likely that policy terms and conditions as well as pricing of the risk reflected that perceived liability protection.

Things have changed. The Connecticut plaintiffs filed their suit under the Connecticut Fair Trade Practices Act. The plaintiffs alleged that the Bushmaster was a combat weapon and that Remington improperly marketed it to civilians – particularly targeting young men. In 2019, the Connecticut Supreme Court ruled that the federal PLCAA did have some carve-outs for state laws and subsequently the court declined Remington’s request to dismiss the lawsuit. It seems a safe bet that the families, of other Connecticut gun violence victims will file similar suits over past and/or future incidents.

There’s been another crack in the perceived liability protection afforded to gun manufacturers in the U.S. Last year, the State of New York enacted a law “that would classify the illegal or improper marketing or sale of guns as a nuisance…that supporters said would bolster litigation against gun companies.”

I suspect insurers and reinsurers providing liability for those in the manufacture and sale of guns will see an increasing number of lawsuits.
https://lawstreetmedia.com/viewpoints/viewpoints-settlement-changes-calculus-for-gunmakers-insurers/


"A public nuisance generally refers to any conduct that interferes with the rights of the public. The precise definition of public nuisance often varies by state and is embodied in civil and criminal statutes. LINK"

Public Nuisance is a long established legal principal rooted in common law. It is the principal that allows suing an automaker for a car that poses a danger to the public or any other product for that matter. The PLCAA indemnifies gun makers and sellers from that concept. The Sandy Hook settlement has opened a different door to that remedy: advertising and marketing campaigns that constitute a Public Nuisance by putting the public at large in danger.

Several states already have laws similar to Connecticut's and more are being passed. As gun makers are sued more often, successfully or not, the cost of insuring them will increase making it less attractive to take part in that market segment. Without insurance investors will avoid gun makers and sellers. If the makers and sellers are PERSONALLY and INDIVIDUALLY responsible it becomes difficult to do business. So irony strikes the gun industry! The law they thought gave them armor against civil liability DOESEN'T.

From the article, "The number of mass shootings (defined as 4 or more people shot – killed or wounded) have increased every year except one from 2014 to 2021. In 2014 there were 269 mass shootings in the U.S. By 2021, this increased to 691 mass shootings. There have been 2,402 mass shootings in the U.S. in the past five years." I personally think this constitutes a Public Nuisance, how about you?

Still our side needs more help to counter the gun lobby and it's purchased legislators. We need to buy our own. It takes money. https://blog.greatnonprofits.org/9-organizations-making-progress-towards-gun-control/
March 4, 2022

We can win this battle . . .

For months I have been posting this LINK and saying that the gun culture can be defeated. It just takes your voice added to tens of thousands of other voices to be heard.

Prior to 1970 there were no State Gun Preemption Laws; laws the prevent local governments passing laws governing guns at any level below state wide. Since the gun makers took over the NRA forty two states have passed such laws. Well, as of November of last year there is one less preemption state. Colorado put the preemption law on the ballot and it was repealed.

Since then Boulder has passed a host of gun regulations, among them:
Safe Storage
Reporting requirements for lost or stolen firearms
An assault weapon ban
Tighter background checks
Creating a Gun Violence Prevention Office

Other notable successes are:
New Mexico nullified qualified immunity for local and state law enforcement.
Virginia prohibited firearms at polls, government buildings and schools as well as extending background checks from 3 to 5 days.
Washington state cracked down on police use-of-force with half a dozen laws.

The Gun Vultures have a 50 year head start on us but things are changing. It is only the beginning but it won't continue without my voice and yours being added to organizations like THESE.


March 3, 2022

Remember that guy who shot his three children?

The Sacramento man who killed his daughters had been barred from possessing a weapon. He shot them anyway. The Los Angeles Times has more on the father who killed three of his own children in a church on Monday while seeing them under supervision. The man was under a restraining order by the mother of his children for years of abuse, and was reportedly told in court documents that he was not allowed to possess a gun. Police are still investigating the shooting, but a local domestic violence advocate told the Times it was an all-too-common story. “It is left to an honor system [to surrender guns] with a person who has already hurt or threatened a partner being relied upon to abide by the law,” said Julie Bornhoeft. “It is a flawed system.”
Link

A flawed system? Really? Are reasonable people supposed to expect a man who beats his wife to have honor?

Considering that 70 women are shot and killed EVERY MONTH by a domestic partner this should be low hanging fruit. This can be fixed. RESOURCES
March 2, 2022

Sandy Hook vs Remington, tying it all together.

First, in this time of worldwide tumult over the Russian invasion of Ukraine and the incredible courage those people have displayed, let me say that some might see my mission of anti gun violence here as trivial and I struggle with taking attention away from that awe inspiring display of bravery against overwhelming odds. However I think we can walk AND chew gum. My struggle, also against death and misery, continues.
. . . . . . . .

The Sandy Hook settlement, a verdict in effect if not in law, has held a gun maker accountable for the mayhem their behavior has caused. What has it shown us and what will it mean for the future of the Gun Culture? Bear with me as I meander through my convoluted thoughts.

There is a thing called Toxic Masculinity. It may be seen as a form of Testosterone Poisoning. Ironically it is a manifestation of the very absence of what masculinity should mean; strength, self esteem and comfort in one's own skin. How and why it infests our culture is for psychologists to explore but it does exist and it is at the heart of what happened at Sandy Hook Elementary school on December 14, 2012 and continues nearly a thousand times a day every day. https://www.beaconjournal.com/story/opinion/columns/guest/2022/02/28/sandy-hook-families-right-highlight-remington-gun-advertisement/6938452001/


What the Sandy Hook law suit showed us is that the gun makers know what Toxic Masculinity is and how to market to that segment of damaged and susceptible young men. Thousands of pages of marketing strategy will be made public but what we have been shown so far is damning at best. The Gun Industry has abused their customers.

As a result of the Sandy Hook settlement states are enacting laws similar to the Connecticut law that allow civil suits against companies that promote products in a harmful way creating a “public nuisance”. There are doors opening to make gun makers and sellers accountable thanks to the almost ten year long ordeal the families of Sandy Hook endured. Those of us in the gun violence movement owe these enduring families a debt that is beyond payment. President Biden took a moment in his State of the Union speech to call for the repeal of the PLCAA. Please make it so with your calls, letters, emails and political contributions.

All through their search for justice in the names of the children and educators taken in that five minutes of terror the parents were attacked by the Gun Culture. The likes of Alex Jones's Info Wars and Gun Owners of America accused them of being crisis actors in a conspiracy to take the guns away. A more passive/aggressive method was to solicit sympathy for the poor plaintiffs being milked dry by the evil lawyers. Now that the suit is settled it can be known that the lead council was working on Contingency, only being paid IF they prevailed and spending millions of dollars over 9 years in the pursuit of justice for the families. In addition to that more than 20 other law firms contributed up to 100 hours each of Pro Bono support to the case. https://www.legalexaminer.com/editors-pick/what-does-the-sandy-hook-settlement-mean-for-future-gun-manufacturer-lawsuits/

How has the Gun Culture reacted to the Sandy Hook victory over the Gun Vultures? One of my favorite sites, Ammoland, is in denial over the whole case. One of the things gunners do is parse words and twist language to find a way to make reality fit into their own alternate universe. In this case the article postulates that the Gun company Remington did not lose the case but rather because the company no longer exists (due to bankruptcy forced by the law suit) it was only a loss and a condemnation of the INSURANCE companies that covered the now defunct gun maker. This is the depth of indoctrination you deal with when attempting to engage gunners. They have been deceived and manipulated for so long they no longer have a firm footing in Earth 1. ttps://www.ammoland.com/2022/02/remington-did-not-settle-sandy-hook-lawsuit/#axzz7MOYnymdX

You've seen my plea for action before and are probably tired of following the link but please take action. It works and your voice, joined with ten thousand others, will be heard. RESOURCES




March 1, 2022

120

---the number of murder-suicides so far this year, according to Gun Violence Archive. In the latest tragic case, a father with a restraining order against him walked into a Sacramento church and fatally shot three of his own children and another adult before killing himself during what appeared to be a supervised visit.

Children's ages: 9, 10 and 13. Shooter's age 39. Female adult supervisor's age not listed.

https://www.abc10.com/article/news/crime/church-shooting-sacramento/103-c8bbfdcb-0826-4c2e-a194-43ec7aea3daf

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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: 14,559
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