Wednesday, July 01, 2015

Brady Center's Frivolous Suit Against Ammo Company Backfires

After the massacre at the Aurora movie theater, The Brady Center to Prevent Gun Violence went after the company from which the murderer bought his ammunition. The center filed suit against Lucky Gunner because it sold its ammunition online, arguing that’s “unreasonably dangerous and create[s] a public nuisance.”

But not only did the judge disagree, he reprimanded the Brady Center because he said it was filing suit simply to make a high-profile political point. Judge Richard Matsch wrote in his ruling, “It is apparent that this case was filed to pursue the political purposes of the Brady Center and, given the failure to present any cognizable legal claim, bringing these defendants into the Colorado court where the prosecution of James Holmes was proceeding appears to be more of an opportunity to propagandize the public and stigmatize the defendants than to obtain a court order.”

Furthermore, Matsch said the Brady Center had to pay Lucky Gunner’s legal fees. Lucky Gunner said those funds would be donated to pro-Second Amendment groups. For groups with deep pockets and a bitterness toward Liberty, an effective strategy is to silence the lovers of Liberty through suits, frivolous or no. Judge Matsch put a damper on that strategy.

1 comment:

Chris said...

Please confirm the judgement actually went to the Brady Center. The link below is the judegment, and does not include the Brady Center as plaintiffs. Now, the judgement did recognize that the Brady Center was involved as an effort to grand stand the decision. And Lucky Gunner pushed to have the plaintiff's council (I assume Brady Center) share joint liability for fees and costs, but the decision ruled against that.

The ruling did say that any sponsors could offer financial help, but the Phillips were on the hook.

An interesting quote:

"Those who ignite a fire should be responsible for the cost of suppressing it before it becomes a conflagration. The Brady Center may be pursuing a righteous cause, but the defendants should not have to bear the burden of defending themselves in this inappropriate forum."