Parents of Sandy Hook victims planning lawsuit against gunmaker Bushmaster

[branford]

232. Squirming? The level of armchair lawyering is outrageous.

First, the case hasn't even been filed. I wouldn't be surprised they "voluntary forbear" filing the complaint "to give Congress a final chance to act" or other face-saving nonsense. The fact that only half of the families are part of the suit speaks volumes.

Second, Bushmaster almost certainly has comprehensive insurance. It will pay for any required defense to the action and sustainable damages.

Third, the case will likely be disposed of quickly by a motion to dismiss.

Fourth, regardless of what occurs initially, there will be appeals, since that is the only real way to impact the validity of the PLCAA. However, be very careful what you wish for. The PLCAA is a well tested law and the apparent legal theory could best be described as "novel." In lawyer-speak, I can assure you that is not a good thing. A win for Bushmaster, particularly at the Supreme Court (who gave us Heller and McDonald), could help smother the "safe firearm" industry while it's still in its infancy. I guess the gun control advocates don't believe another Sandy Hook tragedy is likely to occur again in the near future, and given the continued polling trends against further firearm restrictions, want to milk Sandy Hook for all its worth. I guess the recent abject failures in Congress did not serve to dissuade the true believers.

Fifth, like many other gun control stunts, it will once again create greater solidarity and political enthusiasm among gun rights supporters, force many Democrats to again take a position on electoral loser issue for our party, and most ironically, be a valuable fundraising tool for NRA.