General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLegally, can a person sue the NRA or local govt
for physical harm, mental health PTSD/trauma, costs of doctors care, etc after they have been a victim of a mass shooting at a school? Also, can the parent who allows a child to have a gun be charged or sued for assisting a violent act?
elleng
(130,714 posts)Yes, a person can an may sue the NRA AND a local government for such.
PROVING such cases as to harm AND liability are separate and different issues.
Girard442
(6,063 posts)...you'd have to have standing to sue, meaning that you were personally injured. Then you'd have to make your case against the NRA's legal team, backed by some very deep pockets (full of rubles?).
It would be hard.
Straw Man
(6,622 posts)As elleng said, winning the suit is the hard part.
hack89
(39,171 posts)Straw Man
(6,622 posts)They aren't protected under the PCLAA.
hack89
(39,171 posts)if they are not advocating for people to commit crimes, just how are they culpable for gun violence? How, for example, can you link the use of guns by felons who cannot legally own guns to the NRA?
The NRA will point out that they are the leading provider of gun safety courses in America. Some states specifically require that gun owners take NRA safety courses. So it will be hard to prove that they are responsible for the illegal use of guns.
That didn't seem to deter those who wanted to sue gun makers before the passage of the PLCAA. Elsewhere on this forum people are arguing against that act, saying that suits should be allowed to succeed or fail on their own merits. The NRA are not covered under PLCAA, so it seems that they could be sued, albeit unsuccessfully.
Just to be clear, I personally don't think they are culpable. Just being devil's advocate to clarify the extent of protection under the PLCAA. There seems to be a misconception about its scope.
AlexSFCA
(6,137 posts)here is a question. Which other country in the world has similar language to our 2nd amendment in their constitution? I know Australia doesnt so it was a piece of cake to control guns and ban all weapons of mass destructions.
MichMan
(11,864 posts)"Cinemark, the company that owns the Aurora cineplex where 12 people were murdered in 2012, is seeking nearly $700,000 from several victims of the attack who unsuccessfully sued the theater chain.
Lawyers for Cinemark earlier this month filed a bill of costs for $699,187.13 in Arapahoe County District Court. Colorado court rules say that the winning side in a civil case is allowed to recover its litigation costs."
https://www.denverpost.com/2016/06/30/cinemark-aurora-theater-shooting-victims-legal-fees/