This lawsuit against a gun shop sets a dangerous precedent

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Glocktogo

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But you can blame the ffl. They were given notice that the subject was unsteady and potentially dangerous. It was up to them to take heed of the warning that they received. Hence due diligence on their part upon receiving a warning via pbone.
Had the mother filed a police report and had the police notified the ffl, I'd agree with you. She didn't, so I don't. An out of the blue phone call from someone with no way whatsoever to verify validity, is a horrible way to prevent a tragedy. If someone is suicidal or homicidal, there's a right way and a wrong way to handle it.

Also, my spidey sense is tingling in this one. There may be more to this story than we've been told. What if the mentally ill daughter was a victim? Mentally ill people are frequently preyed upon because people are automatically disinclined to believe them. That's my cynical but informed side saying not everything turns out to be how it's presented.
 

ShaunyP26

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Had the mother filed a police report and had the police notified the ffl, I'd agree with you. She didn't, so I don't. An out of the blue phone call from someone with no way whatsoever to verify validity, is a horrible way to prevent a tragedy. If someone is suicidal or homicidal, there's a right way and a wrong way to handle it.

Also, my spidey sense is tingling in this one. There may be more to this story than we've been told. What if the mentally ill daughter was a victim? Mentally ill people are frequently preyed upon because people are automatically disinclined to believe them. That's my cynical but informed side saying not everything turns out to be how it's presented.

Have to agree there, though I probably would have refused the sale based on that weird ass phone call like someone else mentioned. Still doesn't mean they deserve to be held liable though.
 

cal7.62x39

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Had the mother filed a police report and had the police notified the ffl, I'd agree with you. She didn't, so I don't. An out of the blue phone call from someone with no way whatsoever to verify validity, is a horrible way to prevent a tragedy. If someone is suicidal or homicidal, there's a right way and a wrong way to handle it.

Also, my spidey sense is tingling in this one. There may be more to this story than we've been told. What if the mentally ill daughter was a victim? Mentally ill people are frequently preyed upon because people are automatically disinclined to believe them. That's my cynical but informed side saying not everything turns out to be how it's presented.

OK again not trying to tread on anyones rights, but let's say for instance you report a break in of your home (as I did to OKC police in 2009) and report over half a dozen loaded firearms stolen, it took OVER 8 hours for the responding officer to show up, clear my townhouse, and give a subjective report (not objective). That screwed me in filing a insurance claim. The reporting officer stated that he did not see any sign of forced entry(even though my home was destroyed inside). And that it was someone that was provided a key to in the past. Even though the only 2 people that had keys were my wife and I. I apologize, I diverge. 8 hours response time for over half dozen stolen armed guns missing. WAY longer than needed for one of said guns to rob a store or murder someone... now imagine you calling 911 because you "fear" that someone MIGHT be unstable. How long do you think the response time would be before someone showed up, little lone put anything into any system that prevented someone from buying a gun at NICS level. Those "hey were scared" can (and would have) saved a life. Remember as we say when "seconds matter the police are only minutes(or hours) away.
 
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RugersGR8

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Hey I posted in Law and Order @RugersGR8. Do I get a gold star for the day?

That is something that can't be answered in one question/post(nor two, nor three, etc.). Like I said, I guess I am just going to have to wait for a longer period of time to form that opinion. I will ask those questions from time to time when 2nd Amendment issues pop up. With Trump as President, I don't think that there will be the "heyday" of anti-2nd Amendment issues to ask about that occurred during the 8 years of the Obama administration. Hopefully, it will be at least more 8yrs before they are asked again. :wink2:

To quote Karen and Richard Carpenter, "We've Only Just Begun". :wink2:
 

ShaunyP26

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OK again not trying to tread on anyones rights, but let's say for instance you report a break in of your home (as I did to OKC police in 2009) and report over half a dozen loaded firearms stolen, it took OVER 8 hours for the responding officer to show up, clear my townhouse, and give a subjective report (not objective). That screwed me in filing a insurance claim. The reporting officer stated that he did not see any sign of forced entry(even though my home was destroyed inside). And that it was someone that was provided a key to in the past. Even though the only 2 people that had keys were my wife and I. I apologize, I diverge. 8 hours response time for over half dozen stolen armed guns missing. WAY longer than needed for one of said guns to rob a store or murder someone... now imagine you calling 911 because you "fear" that someone MIGHT be unstable. How long do you think the response time would be before someone showed up, little lone put anything into any system that prevented someone from buying a gun at NICS level. Those "hey were scared" can (and would have) saved a life. Remember as we say when "seconds matter the police are only minutes(or hours) away.

I know where you're going with this, but I think what matters is in a legal context. Like, would it be acceptable for a liquor store to refuse an alcohol sale based on a phone call stating a guy had cirrhosis or planned to be driving later? Even if the actual person buying the alcohol showed no suspicion in person?

I agree it's f'ed up and I personally wouldn't have done it in that situation, but the store owner should not be held liable if he followed legal protocol. Bad judgement that isn't illegal can't be a reason to be convicted. That's why I think a waiting period is maybe the only thing that could have solved it and I really don't have issues with them. In Missouri I had to wait 10 days when I bought my first pistol and I did not care at all.
 

Shadowrider

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Have to agree there, though I probably would have refused the sale based on that weird ass phone call like someone else mentioned. Still doesn't mean they deserve to be held liable though.

What if you had refused the sale and a predatory ex-husband raped and murdered her later that day or the next?

This is why we need to be VERY careful with reports of mental instability and what is done with the information. It can be used as a "weapon" against a totally innocent party. I don't have the answer as to what the happy medium is but I know if we go too far in the name of "safety" it can backfire on us real quickly.
 

ShaunyP26

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This jerkoff lost $9 billion dollars and likely caused immense pain and damage to thousands of people yet he's still employed in banking. Sadly, no laws were broken and he was never fined. Stupidity and poor judgement alone can't be a basis for convicting someone.

Really this is one of the more outrageous stories of the financial crisis.

https://en.m.wikipedia.org/wiki/Howie_Hubler
 

ShaunyP26

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What if you had refused the sale and a predatory ex-husband raped and murdered her later that day or the next?

This is why we need to be VERY careful with reports of mental instability and what is done with the information. It can be used as a "weapon" against a totally innocent party. I don't have the answer as to what the happy medium is but I know if we go too far in the name of "safety" it can backfire on us real quickly.

I agree 100% there. It's a Pandora's box not worth opening. It's also worth pointing out the Orlando shooter was turned down for ammo and body armor at a store he initially tried to go to.

You can play the what if game forever.
 

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