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AndyS

Profile Information

Gender: Male
Hometown: Pelican Bay, TX 76020
Home country: United States
Current location: home
Member since: Thu Jan 20, 2005, 01:07 PM
Number of posts: 11,864

Journal Archives

A tale told by an idiot


Korea. Vietnam. Desert Storm. Enduring Freedom. Does Afghanistan even have a name or does it, like Vietnam, suffice as a definition of futility?

I'm tired. I'm sad. I'm weary of the repeated memories. New talking heads telling the same story about different people in different countries in different wars. Why don't we ever learn?

I did not serve in Vietnam but I served with the people who did. I saw soldiers dive under a table in a pizza joint because somebody took a flash picture. I was slugged in the jaw when I woke a fellow soldier too abruptly. I was there when a fellow dropped to the floor and took cover in a shopping mall for no apparent reason. My young wife helped with the makeup to cover the bruises given a wife by the night terrors of her husband.

And it don't mean a mother fucking thing.

All our yesterdays have lighted fools the way to dusty death. Life's but a walking shadow, a poor player that struts and frets his hour upon the stage and then is heard no more. It is a tale told by an idiot, full of sound and fury signifying nothing.

And it don't mean a mother fucking thing.

Not one mother fucking thing.

Inside the Pandemic is an Epidemic. Guns hurting kids.

Inside the Pandemic is an Epidemic. An epidemic of gunshot wounds for our next generation.

Hospital visits by children with gun injuries rose by almost 40 percent in 2020. That’s according to a new study published in the journal Pediatrics, which found there were more shooting-related patients treated last year than the previous three years, even as overall hospital admissions declined for people 18 and under. An unequal burden: The researchers found that Black kids had the highest rate of firearm injury, and that 49 percent of victims lived in neighborhoods with a very low Child Opportunity Index, a development indicator of economic opportunity. Researchers did not point to a specific cause of increased injuries. But lead author Kelsey Gastineau, a pediatric hospital doctor at Vanderbilt, told The Washington Post that it “is absolutely imperative that we prioritize counseling parents and other guardians on safely storing firearms.” She added, “We also have to proactively promote crisis support and violence intervention resources to kids and adults alike.”

An alarming trend magnified in Louisville: More kids have died in homicides this year than all of 2020. Through August 11, there were 17 kids under 18 who died, all but one from shootings. Last year, there were 16 youth homicides, and a city record of 173 overall. Sixty-five minors have also been injured in shootings this year. The Courier-Journal notes that Louisville’s surrounding Jefferson County had a juvenile homicide rate of 4.7 per 100,000, more than twice the national rate from 2010 to 2019, according to CDC figures. “Our future is dying off,” said Lacy Hatfield, whose teenage nephew was one of the homicide victims this year.

https://pediatrics.aappublications.org/content/148/2/e2021050223?utm_source=The+Trace+mailing+list&utm_campaign=4ad8ac4c25-EMAIL_CAMPAIGN_2019_09_24_04_06_COPY_01&utm_medium=email&utm_term=0_f76c3ff31c-4ad8ac4c25-51831121

https://www.washingtonpost.com/health/firearm-injuries-children-increase/2021/08/13/e4b99a9e-f621-11eb-9738-8395ec2a44e7_story.html?utm_source=The+Trace+mailing+list&utm_campaign=4ad8ac4c25-EMAIL_CAMPAIGN_2019_09_24_04_06_COPY_01&utm_medium=email

https://www.courier-journal.com/in-depth/news/investigations/2021/08/13/child-homicides-spike-in-louisville-surpassing-last-years-total/8074400002/?utm_source=The+Trace+mailing+list&utm_campaign=4ad8ac4c25-EMAIL_CAMPAIGN_2019_09_24_04_06_COPY_01&utm_medium=email&utm_term=0_f76c3ff31c-4ad8ac4c25-51831121

"Through August 11, there were 17 kids under 18 who died, all but one from shootings".That single sentence says it all. In the middle of a disease pandemic more kids died from gunshot then covid and all other causes.

I believe that the massive increase in gun sales to first time buyers is responsible. New owners of lethal weapons with no training and no concept of personal safety or self defense. Newbies without a clue.

It should be mandatory that anyone buying a gun own a safe storage device or a trigger lock. Simple, cheap and the most efficient way to keep guns out of the hands of unauthorized users like kids. Better yet is smart gun technology built into the gun; available, proven, inexpensive and allows access to the one who should have it if needed. Yet the gun industry has vehemently fought every one of these devices.

There are gun safety laws that don't infringe anyone's rights. We need to pass them and enforce them.

The Courts are the key to gun regulation. We should set them free of the PLCAA

LA Officers to sue Polymer80 after being shot by one of it's home made ghost guns

Two LA Sheriff’s Deputies have initiated legal proceedings against pistol kit manufacturer Polymer80 after being shot by one of its firearms last year. 
In their lawsuit, the officers allege that Polymer80 negligently sold an “untraceable home-assembled ghost gun kit,” which later seriously injured them during an ambush in Compton. The case is just the latest in a string of attempts by U.S. authorities to clamp down on unlicensed firearms, but it could set a precedent for future issues that arise around self-assembled guns, which are often 3D printed. 

Deputies Claudia Apolinar and Emmanuel Perez-Perez’s case is predicated on an ambush that took place in September 2020, during which they were shot in the head and arms while sitting in their police cruiser. Since then, neither officer has been able to return to work, with Apolinar suffering a broken jaw and arms, and Perez-Perez requiring the implantation of metal plates to hold his bones together. 
The case raises issues around homemade firearms given that the Deputies’ alleged assailant Deonte Lee Murray had previous criminal convictions, and was unable to buy a normal gun. Despite this, Murray managed to acquire a PF940C kit, which is designed as a frame replacement for a Glock 19 or 23, without Polymer80 notifying the authorities, before attacking law enforcement officers late last year. 



https://3dprintingindustry.com/news/la-deputies-to-sue-polymer80-after-being-shot-by-one-of-its-home-made-ghost-guns-194299/

They can sue because Polymer80 doesn't sell guns so they don't get to claim protection under the PLCAA.

The kit includes everything needed to assemble a complete firearm. All that needs to be done is some minor finish work like drilling a few holes to make the 'gun part' into a 'gun'. It also sells for more than the 'real' gun available in any gun store. Why would anyone spend more money and invest the time and energy to drill and fit parts instead of just buying the gun? Oh, that's right, some people can't pass a background check!

The law suit also says that the Polymer80 knew their firearms were likely to be used for criminal purposes, and that the shooter was able to commit the ambush because Polymer80's created a direct and secondary market with easy access to ghost guns. The shooter chose to shoot the Deputies with this Polymer80 ghost gun because he knew it was untraceable.

The whole 'ghost gun' industry, and it is and industry, will be hard to regulate. With a third of all crime guns in California being 'home made' with no way to trace them indicates that ghost guns are a major issue in gun violence.

The Biden administration wants to serialize the partly finished guns and repeal the PLCAA.

That's a start.

YESSSS!

Smith & Wesson must give N.J. internal documents on how it markets guns, courts rule

New Jersey’s top law enforcement official is renewing a demand for Smith & Wesson Brands Inc. to turn over internal documents on how it markets guns after courts ruled against the manufacturer.
====
“When I say that we need to be creative, this past fall I subpoenaed Smith & Wesson for documents relating to what I believe is their false advertising in New Jersey,” Grewal said early June during a virtual roundtable hosted by March for Our Lives, a Florida-based nonprofit that advocates for stricter gun laws.

The company ran local commercials that claimed “gun use would make people safer” without providing evidence or acknowledging New Jersey laws that limit where guns can be carried, Grewal said.


The article outlines a broader approach New Jersey is taking in the struggle to decrease gun violence. Former state Attorney General Gurbir Grewal in essence invited any law firm, in or out of state, with experience in the gun arena to take part in civil suits on a contingency basis. Effectively saying we'll provide the case and if you pursue it you get a % of any settlement.

Cities and States are fighting back and now have a tool provided by the Sandy Hook families; the way gun makers market their product. The hope is that if the public can get a look at how guns are sold to the public and management held accountable in public hearings the result will be the same as big tabacco.

Wouldn't that be a glorious sight? I'd cough up whatever they charge for a Pay Per View it went to more attempts to curb the gun industry's bloody business of death.


The Case That Could Topple the Gun Industry's Special Legal Protections Part 2

Part one in here: https://www.democraticunderground.com/100215706458 These are the details.

Pa. Superior Court rules gun law unconstitutional, says lawsuit in teen's death can proceed

The plaintiffs argued the PLCAA interferes with authority that should be reserved by the state. They claimed the act bars states from  imposing liability on gun companies and immunizes the gun industry from every conceivable type of liability known to the common law.

What the court said in its 63 page opinion:

The Defendants [Springfield Arms] responded by saying the act is not a 10th Amendment violation because it does not commandeer the powers of state executive officials or the legislative process, a point the court called a strawman argument.

“[T]he Defendants do not answer the Gustafsons’ [teenager's parents] theory,” Judge Kunselman wrote. “The Gustafsons never alleged the PLCAA commandeers political branches.” Rather, the family asserted Congress’ passage of the act “usurped” the states’ powers and the judiciary’s lawmaking authority. 

“If we accept the Federal Government’s theory that filing a state action, in a state court, is within Congress’s reach, then the 50 states must forfeit all their sovereignty to the Federal Government,”

The court found that the entirety of the PLCAA is unconstitutional, saying such bills have no place in American democracy and calling it “repugnant to the Constitution of the United States and, therefore, without the force or effect of law.”
https://www.post-gazette.com/news/crime-courts/2020/09/29/plcaa-unconstitutional-lawsuit-gun-manufacturer-mt-pleasant-jr-gustafson-shooting-springfield-arms-saloom/stories/202009290126

This opinion was issued in 2020 so as the gears grind slowly perhaps something will come to head soon. It will at least go the the PA supreme court and perhaps to the SCOTUS.

I have wondered how such a law could be any more legitimate than a Monopoly "get out of jail free" card. Courts are usually reluctant to give up their authority and take being the third co-equal branch of government seriously.

We shall see how this proceeds. Watch this space . . .

The Case That Could Topple the Gun Industry's Special Legal Protections

https://www.thetrace.org/2020/10/gunmakers-wrongful-death-lawsuits-sue-springfield-armory/

A Pennsylvania court ruled September 28 that a law that has for decades insulated the gun industry from lawsuits is unconstitutional. The opinion quashes an attempt by the Illinois-based gun manufacturer Springfield Armory to dismiss a suit brought by the family of a Pennsylvania teenager killed with one of its guns.

If the ruling stands, no gun company will be able to use the Protection of Lawful Commerce in Arms Act, or PLCAA, to dismiss a lawsuit in the state of Pennsylvania. But the implications are potentially far greater. If the decision survives appeal at the state level, it is likely to catch the attention of the U.S. Supreme Court. A ruling against PLCAA at the federal level would provoke the gun industry’s worst fears, exposing companies to the kinds of product-liability suits that forced sweeping reforms in the pharmaceutical, tobacco, and automotive industries.

“This decision puts this case on the national radar in a way it would never have been otherwise,” said Timothy Lytton, a legal scholar at Georgia State University who edited a book on the history of gun industry litigation. There have traditionally been two strategies for getting past PLCAA’s immunity, he said, and this case represents the most ambitious: “Strategy One is trying to penetrate the immunity wall by finding cracks” via the law’s narrow exceptions. “Strategy Two is to knock down the wall with a wrecking ball… If this Pennsylvania case succeeds, it’s going to knock the whole wall down.”
(emphasis mine)

The case in point is here: https://pittsburgh.cbslocal.com/2018/03/20/parents-of-teen-shot-and-killed-by-friend-file-wrongful-death-lawsuit/It involves the lack of safety devices or inadequate safety devices on guns. A young man was killed when his friend picked up a gun that had no magazine loaded into it and pulled the trigger only to find there was a round in the chamber, a round that killed his friend.

The PLCAA allows gun makers to be sued if they knowingly make a defective product BUT it allows the gun manufacturers to define a defect. Just call it a design feature and voila, no defect.

Oh, please, if there is a God of some kind please let this hit the SCOTUS and have them rule in favor of the Pennsylvania court.

Guns and penises . . . The marketing of death.

The Sandy Hook lawsuit against Remington hinges on one thing: Do gun manufacturers aim advertising at vulnerable males who feel their masculinity is threatened?

Remington is willing to pay $33 million to keep their marketing information secret. There must be some really nasty shit in those memos, don'ya think?

So, do gun makers advertise to men who might need a little, ah, 'boost'? You be the judge . . .

?w=223&crop=0%2C0px%2C100%2C300px&ssl=1



When they aren't pandering to the misogynic impulse with semi naked women there's always the epitome of testosterone; the Military image of war fighting tough guys.





Then there's the ad to end all ads:



Yet I have it on good authority from any number of gunners that guns are NOT penis substitutes . . .

Seen outside Smith and Wesson's

Springfield, Mass headquarters:

Mexico sues U.S. gun companies, alleging 'massive damage' that is 'destabilizing' to society

The Mexican government on Wednesday presented a civil lawsuit against several U.S. gun manufacturers.

The lawsuit alleges that they knowingly supply the criminal gun market in Mexico, noting that their military-style guns often end up in the hands of drug cartels.

The Mexican government seeks compensation for the “massive damage” and bloodshed allegedly caused by the defendants’ conduct.
https://www.cnbc.com/2021/08/04/mexico-sues-us-gun-manufacturers-for-causing-massive-damage-to-country.html

A majority of traceable crime guns in Mexico come from the USA. Not just killing at home, exporting death at every opportunity!

The gun industry's PLCAA armor is further cracked by a new two-fer!

Not long ago I posted about the Sandy Hook Lawsuit against Remington in the deaths of 20 first grade children and six of their teachers. The post was about a legal victory against the gun industry and how others are using the same legal tactic; going after gun makers for the way they market their deadly product. https://www.democraticunderground.com/100215687099

Two other suits are pending!

Victims of a 2014 Dayton, Ohio mass shooting are suing the manufacturer of the 100 round drum magazine that allowed the shooter to fire 41 times in 32 seconds killing 9 and wounding 17 others. Citing negligent entrustment and public nuisance in the suit they claim that :
The company made and sold 100-round magazines fully aware they “have no or negligible utility for lawful uses of firearms but pose a tremendous risk to public safety because they are extremely effective and attractive for use in unlawful mass shootings,”
https://www.wlwt.com/article/relatives-of-dayton-shooting-victims-sue-gun-magazine-maker/37215635

In another lawsuit a federal judge dismissed an appeal by Smith and Wesson in the case against them by the NJ AG in the marketing of their guns for self defense. The AG is suing the gun maker for marketing their guns as necessary for home defense and personal defense without grounds to show that the guns do either. U.S. District Judge Julien Neals rejected the attempt to move the trail to federal court without exhausting state court appeals. Typically state courts are less sympathetic than federal courts in such cases. https://www.courthousenews.com/federal-judge-dismisses-gunmakers-suit-over-new-jersey-ags-subpoena/

So please join me in offering heartfelt and tearful thanks to the Sandy Hook parents who have used their pain and grief to power them forward in the fight to find justice for their children and all others who have had lives taken or ruined by the gun industry in their pursuit of profit.
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