This was the case in Alaska, where a guy came into Rayco Sales gun shop and stole a gun when the dealer had his back turned. Remember that the Brady Campaign are preying on grieving families by backing their filing of these meritless suits:
â€œThe family is crushed,â€ Mark Choate, co-counsel for the Kims, told the Empire. â€œ… There was so much evidence that showed there was something being hidden about (Coxeâ€™s) behavior.â€
I feel sorry for those people, but the odds were very much stacked against success from the beginning. Their grief was exploited by a gun control organization that is struggling to find relevance in a movement increasingly centered around Mike Bloomberg and his fat wallet.
Choate said even though the jury found Coxe did not sell the weapon to Coday, it doesnâ€™t mean Coxe wasnâ€™t negligent. But a federal gun law â€” called Protection of Lawful Commerce in Arms Act, or PLCAA for short â€” shields guns dealers and manufacturers from claims of gross negligence, he said.
At first I thought he was wrong about PLCAA covering gross negligence, but it only exempts negligent entrustment andÂ negligence per se. That means they had to prove that Coxe violated a statute or regulation, and couldn’t just argue that overall, he was a sloppy dealer. They jury did not find Brady’s argument credible. Negligence and gross negligence is a more subjective standards, which is probably why they were not exempted. Find the right jury, and they might be willing to side with a plaintiff on those claims even if they are meritless.
This was the Brady Center’s best case, and best hope for a victory, and it’s now gone down in flames. PLCAA is not quite a brick wall for the Brady Center, but it’s certainly harding up very quickly.