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Jim Lane

(11,175 posts)
30. Agreed, and the PLCAA will not be an obstacle
Tue Apr 24, 2018, 05:04 PM
Apr 2018

The PLCAA comes in for a lot of uninformed criticism on DU. For purposes of the Waffle House shooting, it's important to note the distinction in the law.

If a licensed gun dealer sells someone a gun and complies with all the rules (background check, etc.), and the buyer then uses the gun in a crime, the dealer isn't liable. IMO that's the correct result as long as the sale of the gun was itself legal.

The PLCAA, however, expressly exempts suits on the negligent entrustment theory that you explain.

If I were the shooter's father, I would immediately move to Florida and sink all my money into an expensive house. IIRC, Florida is very debtor-friendly, and there's a generous bankruptcy exemption for a residence. Any assets he can't shield from bankruptcy are indeed "as good as gone."

Recommendations

0 members have recommended this reply (displayed in chronological order):

He is certainly not a " responsible gun owner" tulipsandroses Apr 2018 #1
Menaced the WH in 2017? I would have thought he was in love with rump Eliot Rosewater Apr 2018 #2
called "menacing" because he showed up wanting to meet with Trump from what I've hears hlthe2b Apr 2018 #7
Thanks, makes sense now. Reason rump has not denounced this piece of filth is Eliot Rosewater Apr 2018 #10
He didn't actually "menace" the WH. He was armed while insisting on scheduling a meeting catbyte Apr 2018 #9
He's going to lose everything jberryhill Apr 2018 #3
What will the civil legal reasoning be for the lawsuits, negligence? Eliot Rosewater Apr 2018 #11
Stated in my post - negligent entrustment jberryhill Apr 2018 #12
I wonder if he has much to lose. Hope so. Eliot Rosewater Apr 2018 #14
J&J Cranes jberryhill Apr 2018 #17
The parents must have known he was paranoid malaise Apr 2018 #20
They knew that he was not allowed to possess guns, period jberryhill Apr 2018 #22
Good malaise Apr 2018 #24
Using that information, you can get a satellite view of both locations jberryhill Apr 2018 #29
This message was self-deleted by its author jberryhill Apr 2018 #18
and... jberryhill Apr 2018 #19
Agreed, and the PLCAA will not be an obstacle Jim Lane Apr 2018 #30
I believe I've hidden that exact dipshit meme his Mom shared maxsolomon Apr 2018 #4
I saw a father of a 3yr old will be charged after that toddler got the gun while in their car meadowlark5 Apr 2018 #5
What if Young Travis' parents weren't still alive? gratuitous Apr 2018 #6
The whole thing is crazy askyagerz Apr 2018 #8
You've hit on another issue ProudLib72 Apr 2018 #21
I still don't get why the guns were given back to the father in the first place inwiththenew Apr 2018 #13
Someone needs to care for them maxsolomon Apr 2018 #15
Typically when someone cannot possess firearms due to a ruling Lee-Lee Apr 2018 #32
You change every reference to Christian and Jesus exboyfil Apr 2018 #16
True but why are they giving his guns to his father? This is a 30 yr old man? Thrill Apr 2018 #23
Best guess... jberryhill Apr 2018 #25
They way they explained it, when deputies showed up to remove the guns, pops was there LisaL Apr 2018 #31
There are two ways this can go Lee-Lee Apr 2018 #26
Has this guy been caught yet? If not he's getting some kind of assistance NBachers Apr 2018 #27
Yes tulipsandroses Apr 2018 #28
Link? jberryhill Apr 2018 #33
There was a lot of coverage malaise Apr 2018 #35
The shooter's father has not been arrested jberryhill Apr 2018 #36
I was responding to #27 and you also asked the person who responded to said post malaise Apr 2018 #37
Well, shucks jberryhill Apr 2018 #38
We all have those days malaise Apr 2018 #39
no help to the son. threw his son's life away Demovictory9 Apr 2018 #34
Post removed Post removed Aug 2023 #40
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