Judge Dismisses Lawsuit – Ammo Seller Not Responsible

By Thomas E. Cheever, P.E.

A lawsuit filed in the wake of the Colorado theater shootings, accusing online retailers of improperly selling ammunition, tear gas, a high-capacity magazine and body armor used in the attack, has been dismissed.

ammo seller

A judge dismissed the lawsuit against online ammo seller in the wake of James Holmes’ shooting spree


Aurora Colorado Shooting

James Holmes is a nut job.  He walked into a crowded theatre on July 20, 2012, and began firing.  He left 12 dead and 70 injured. Holmes was caught and has been charged with multiple counts of capital murder and attempted murder.  Jessica Ghawi was among the dead.

Prosecutors are seeking the death penalty.   Holmes is pleading not guilty by reason of insanity.  His trial is set to begin April 27.

Lawsuits = Blame

Sandy and Lonnie Phillips are Jessica Ghawi’s parents.   The Phillips are grieving and they want answers.  Their pain and grief is understandable.

In American jurisprudence, victims are allowed to punish those that have ‘wronged’ them via lawsuits seeking money damages as punishment.  But too often, victims seek punishment NOT from those responsible, but from those with the deepest pockets whether or not they have any reasonable responsibility in the damaging action.

Brady Anti-Gun Campaign

 The Phillips did not think this suit up on their own.  Using the Phillips’s victim status, the Brady Anti-Gun Campaign provided the legal support to bring the suit.

The lawsuit specifically names Lucky Gunner of Knoxville, Tennessee, Sportsman’s Guide of South St. Paul, Minnesota,  BTP Arms of New Oxford, Pennsylvania and Bullet Proof Body Armor of Tempe, Arizona.

James Holmes purchased ammunition and other items he used during his attack at the movie theatre from on line stores.  According to the lawsuit filed by the Phillips, Holmes bought at least 4,300 rounds of ammunition from  bulkammo.com, and 700 rounds of ammunition, a 100-round magazine from the Sportsman’s Guide website, two tear gas grenades from BTP Arms and four pieces of body armor from bulletproofbodyarmorhq.com.

The lawsuit alleged each of the companies listed had no safeguards to keep dangerous people from buying their goods.  That it was illegal and negligent to sell the gear to James Holmes.

Protection of Lawful Commerce in Arms Act (PLCAA)

Citing the Protection of Lawful Commerce in Arms Act (PLCAA), which prevents harassment and frivolous lawsuits from gun control cultists, Judge Richard P. Matsch dismissed the lawsuit.  Judge Matsch said federal law restricts liability of ammunition sellers and the plaintiffs failed to prove negligence upon the part of the defendants.

But Judge Matsch didn’t stop there.  For burdening the court with what is clearly a frivolous lawsuit, he ordered that the plaintiffs owe the companies they attempted to harass an award of “reasonable attorney fees.”

Maybe next time, the Brady Campaign and other anti-gun leftists  will think twice before using the courts to foster their political agenda.