Just
when you think the gun manufacturers and National Rifle Association (NRA) have
sunk about as low as they can go, they come up with something even more
outrageous: Make victims families pay court costs of any legal action.
The gun makers and
NRA have long engaged in nefarious lobbying activity that has undercut public safety,
now they have persuaded politicians to adopt laws making the victims of gun
violence pay the legal fees for challenging their sacrosanct position in
society.
In September 2014, the Brady Center announced a lawsuit on
behalf of Sandy and Lonnie Phillips, accusing Web site companies of
negligence for selling weapons to the Aurora, Colorado theater shooter, James
Holmes. The Phillips daughter, Jessica Ghawi, was killed in the shooting. The
lawsuit charges the companies with negligence for selling weaponry (including ammunition,
body armor, tear gas and other equipment used in this assault) to someone as
obviously unstable as Holmes. Holmes ended up killing 12 and wounding 70 others
on July 20, 2012.
Senior U.S. District Judge
Richard P. Matsch of the District of Colorado dismissed Sandy and Lonnie
Phillips’ suit against four Web sites because Colorado and federal laws shield
firearms and ammunition sellers from liability based on a customer’s wrongful
acts. Phillips et al. v. Lucky Gunner LLC et al., No. 14–cv–02822, 2015 WL
1499382 (D. Colo. Mar. 27, 2015).
Both federal and Colorado laws protect gun makers and
sellers from being held responsible for selling arms to people who are a danger
to themselves and others, but Colorado has taken this outrage a step further,
requiring plaintiffs to pay the court costs.
Lucky Gunner and Sportsman Guide (two of the companies
selling to Holmes) have already filed motions for $220,000 in legal
costs. According to press reports, another arms dealer, BTP Arms, wants
another $33,000. BTP Arms request will probably fail because the law does not
cover the two tear gas grenades Holmes bought from BTP Arms or the four pieces
of body armor from bulletproofbodyarmorhq.com.
The Phillips lawsuit underscores not only this country’s
lax gun laws, but the fact that U.S. laws protect gun makers and sellers, the
average citizen has virtually no recourse against weapons manufacturers or the
gun lobby.