Vesely v. Armslist dismissed

[Tom Servo]

In 2011, a Canadian national named Demetry Smirnov illegally purchased a handgun that had been advertised on Armslist. He then used that handgun to kill Jitka Vesel. Vesel's next of kin decided to sue Armslist for wrongful death.

The lawsuit was spearheaded by the Brady Campaign. There's some background here.

Armslist filed a Motion to Dismiss in the Northern District Court of Illinois, and Judge Norgle has granted it [pdf].

the Court finds that the criminal conduct of third-parties who misuse Defendant's website to illegally sell and buy firearms is not a reasonably foreseeable consequence of the website's design.

(...)

The Court finds that Defendant owes no duty to the general public to operate its website to control private users' sale of handguns.

I would post a link to the Brady Campaign's response, but they have removed any reference to the lawsuit from their website.

 

[speedrrracer]

Thanks, Tom -- you are on top of this stuff!

 

[CWKahrFan]

Those Brady people need to find some constructive hobbies... What a waste of time, energy and resources...

 

[g.willikers]

The Brady organization doesn't have much popular support.
Unfortunately, they do have the backing of a few, deep pocket supporters, who seem determined to undermine the Second Amendment any way they can.

 

[raimius]

Those Brady people need to find some constructive hobbies... What a waste of time, energy and resources...

Well, if they're going to try to get more gun control, I"d rather they be wildly ineffective and inefficient.
...although I think starting soup kitchens and scout troops might be more beneficial to society.

 

[Nathan]

The Brady organization doesn't have much popular support.
Unfortunately, they do have the backing of a few, deep pocket supporters, who seem determined to undermine the Second Amendment any way they can.

Be careful... The purpose on the 2A is so regular people can own guns. People that back gun control are willing to eliminate guns for regular people as long as their security forces have guns.

When will people learn guns are tools. They are tools of power. I think it was said...God made all men, but Sam Colt made them equal.

The purpose of gun control is the same in the USA as it is in the Congo, or North Korea. It is about controlling people.

So back to the case...

 

[dakota.potts]

Don't fall prey to some of the same generalizations and logical fallacies present in the opposing side's arguments. It weakens ours as well.

 

[KyJim]

There's some commentary on this at The Volokh Conspiracy. I'm guessing the plaintiff will appeal.