Comments on: Gary Lawsuit Going Forward http://www.pagunblog.com/2009/01/13/gary-lawsuit-going-forward/ The right of the citizens to bear arms in defense of themselves and the State ... Fri, 10 Feb 2012 07:30:03 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Xrlq http://www.pagunblog.com/2009/01/13/gary-lawsuit-going-forward/#comment-36697 Xrlq Wed, 14 Jan 2009 04:51:09 +0000 http://www.snowflakesinhell.com/?p=7676#comment-36697 Depends on what you mean by "get around." A dubious, unsupported allegation will get you past demurrer, which only asks if the allegation itself states facts that would give you a cause of action <i>if</i> proven, but it won't get you past summary judgment unless you have at least some evidence to back up the assertion, and you certainly won't get a verdict in your favor unless you can persuade the judge or jury that the weight of the evidence shows that a violation did in fact occur. Depends on what you mean by “get around.” A dubious, unsupported allegation will get you past demurrer, which only asks if the allegation itself states facts that would give you a cause of action if proven, but it won’t get you past summary judgment unless you have at least some evidence to back up the assertion, and you certainly won’t get a verdict in your favor unless you can persuade the judge or jury that the weight of the evidence shows that a violation did in fact occur.

]]> By: Sebastian http://www.pagunblog.com/2009/01/13/gary-lawsuit-going-forward/#comment-36695 Sebastian Wed, 14 Jan 2009 04:25:10 +0000 http://www.snowflakesinhell.com/?p=7676#comment-36695 I see what you are saying. So does that mean that a way to get around PLCAA would be to make an accusation, no matter how dubious, that the law has been broken? I see what you are saying. So does that mean that a way to get around PLCAA would be to make an accusation, no matter how dubious, that the law has been broken?

]]> By: Xrlq http://www.pagunblog.com/2009/01/13/gary-lawsuit-going-forward/#comment-36694 Xrlq Wed, 14 Jan 2009 03:58:40 +0000 http://www.snowflakesinhell.com/?p=7676#comment-36694 I haven't read the actual pleadings, but that's what the linked story says. And if they are saying that, the court has to accept the allegation as true, as they're not ruling on the merits of the case, only on whether the case can proceed at all. I haven’t read the actual pleadings, but that’s what the linked story says. And if they are saying that, the court has to accept the allegation as true, as they’re not ruling on the merits of the case, only on whether the case can proceed at all.

]]> By: Sebastian http://www.pagunblog.com/2009/01/13/gary-lawsuit-going-forward/#comment-36693 Sebastian Wed, 14 Jan 2009 02:56:38 +0000 http://www.snowflakesinhell.com/?p=7676#comment-36693 Is that what they are actually claiming? Is that what they are actually claiming?

]]> By: Xrlq http://www.pagunblog.com/2009/01/13/gary-lawsuit-going-forward/#comment-36692 Xrlq Wed, 14 Jan 2009 02:53:48 +0000 http://www.snowflakesinhell.com/?p=7676#comment-36692 I don't know anything about the case, but the linked story says Gary alleges the guns were sold in violation of law. If that is correct (<i>i.e.,</i> that Gary's complaint is based on this allegation, not that the allegation is necessarily true), then doesn't that easily put this case outside the ambit of the Protection of <i>Lawful</i> Commerce in Arms Act? I don’t know anything about the case, but the linked story says Gary alleges the guns were sold in violation of law. If that is correct (i.e., that Gary’s complaint is based on this allegation, not that the allegation is necessarily true), then doesn’t that easily put this case outside the ambit of the Protection of Lawful Commerce in Arms Act?

]]> By: Mike w. http://www.pagunblog.com/2009/01/13/gary-lawsuit-going-forward/#comment-36661 Mike w. Tue, 13 Jan 2009 19:13:13 +0000 http://www.snowflakesinhell.com/?p=7676#comment-36661 The courts have no respect for the rule of law yet they expect others to abide by the law set down in their decisions. Incredible. Federal law clearly trumps state law here. Someone needs to come and put these idiots in their place. The courts have no respect for the rule of law yet they expect others to abide by the law set down in their decisions. Incredible.

Federal law clearly trumps state law here. Someone needs to come and put these idiots in their place.

]]> By: SayUncle » Protection of Lawful Commerce in Arms Act http://www.pagunblog.com/2009/01/13/gary-lawsuit-going-forward/#comment-36640 SayUncle » Protection of Lawful Commerce in Arms Act Tue, 13 Jan 2009 16:52:57 +0000 http://www.snowflakesinhell.com/?p=7676#comment-36640 [...] Via SIH. [...] [...] Via SIH. [...]

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