So we talked about the new Brady BS Lawsuit here, I think we all agree it is a weak lawsuit at best.
But then comes this from Dave Hardy, who unlike me, is a lawyer, and a good one at that!
I cannot figure this one out. First, the tort law is pretty clear that (with very narrow exceptions) a person does not have a duty to prevent someone else from committing a crime that harms someone else. Second, how can an ammunition dealer, of all people, be expected to know that a buyer whom he has never met plans on using the ammo in a crime? In other words, even if there was a legal duty, where is the negligence? Third, unless the killer bought all his ammo from that one dealer, how can the dealer be shown to have any involvement?
And to top it off… the murders were committed on July 20, 2012. From what I can see, Colorado has a two-year statute of limitations for personal injury. So the statute ran nearly two months ago. Oops. Now, Brady could contend that it’s suing for a minor, and the statute of limitations doesn’t begin to run until a minor’s 18th birthday. BUT the minor died, and the article says the suit is actually brought on behalf of her parents (wrongful death statutes differ somewhat in this respect, in some the suit is brought on behalf of the decedent’s estate, in some it’s brought by the survivors in their own right).
So it looks like it probably is simply going to be dismissed because the Brady Lawyers aren’t following the law, and while it is a very weak case, it’s a case that is past the statute of limitations!
If I were them, I’d be looking into what sanctions are available in Colorado against plaintiffs who file frivolous lawsuits with an aim to punch back twice as hard.
I believe the best strategy to discourage the Brady Center from continuing to harass and harangue people out of exercising their constitutional rights is to make sure they pay for this to the fullest extent available under the law. I believe in the past, our side was generally reluctant to play dirty with the Bradys, for fear of the negative PR associated with the big, bad gun industry attacking poor little gun control advocates.
Well first with groups like the NRA gaining members hand-over-fist, while it is a HUGE group, it looks a LOT smaller (in the political sense) from the inside than from the outside. Also Michael Bloomberg has done a lion’s share of work unintentionally making the gun control movement synonymous with wealthy political insiders running top-down groups. So really if Lucky Gunner takes the Brady Campaign to the cleaners in a counter-suit it will really look more like young entrepreneurs sticking it to entrenched Washington Lobbyists on the national stage.
But here’s my bigger question. Will the Brady Campaign survive this? From all accounts whatever the Brady Campaign has spent on filing this suit, as well as promoting it’s existence will be for nothing, and then comes the risk of a VERY good counter-suit, given that ANY lawyer should have known what the statute of limitations were, and should know the previous tort law precedence that this is going against.
Now this is all happening to what has become the bygone face of gun control. When I was anti-gun the Brady Campaign was the big hero fighting against the NRA. When I switched sides to the pro-gun side the Brady Campaign was the biggest threat to American Freedom. When I started this blog most anti-gun work was split between the Brady Campaign and the Joyce Foundation.
But as the tide has turned on the gun rights movement, Micheal Bloomberg has been gaining more popularity in the ever shrinking pool of anti-Second-Amendment activists. But the base is getting REALLY small, and of that base, there aren’t THAT many who are wealthy. Lots of the voluntary supporters of Gun Control are ultra-“Progressives” who share a lot in common with the Occupy Wall Street rabble. People with worthless degrees and pie-in-the-sky Socialist dreams.
The donations to the Brady Campaign have to be little more than a trickle, and this case is going to cost them BIG!
I really think there may be a big chance that this case will break the Brady Bank.
What do you think?