Lawyers, Guns, Money & Daughters

Discussion in 'The Howard Stern Show' started by Bristol Chicken, Sep 26, 2015.

  1. Bristol Chicken

    Bristol Chicken Free Range and Loving It Gold

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    We Lost Our Daughter to a Mass Shooter and Now Owe $203,000 to His Ammo Dealer


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    Bristol and Brianna Chicken

    We have been getting a lot of questions about our lawsuit against Lucky Gunner, the online company that sold ammunition to the man who murdered our daughter Jessica along with 11 others in an Aurora, Colorado, theater. Especially after the Rachel Maddow Show covered us twice, people ask us about the judge's order that we pay Lucky Gunner's attorneys' fees, since our lawsuit was unsuccessful.
    We brought our lawsuit because we thought it was outrageous that companies could sell a dangerous man an arsenal without getting any information about him, and without making any effort to see if he was a dangerous killer -- which he was. When the killer had left a voicemail with a shooting range, the range operator knew that he was bad news and shouldn't be given access to guns. But these companies set up their business so people just like this killer can arm themselves at the click of a mouse. We wanted to change that. And we still do.
    Attorneys at Arnold and Porter and the Brady Center to Prevent Gun Violence brought the lawsuit for us, pro bono. We knew the risks of bringing the case. We knew that Colorado and Congress have given special protection of the gun industry, and we knew that under Colorado law we could even be ordered to pay attorneys' fees because of those special protections.
    But we thought it was important to take a stand, to fight to prevent other families from suffering as we have. We did not seek any money in our case. We just wanted injunctive relief -- to have these companies act reasonably when they sold dangerous materiel, like 100-round ammunition magazines, ammunition, body armor, and tear gas.
    The judge dismissed our case because, he said, these online sellers had special immunity from the general duty to use reasonable care under the federal Protection of Lawful Commerce in Arms Act and a Colorado immunity law. If you couple the PLCAA law with Colorado's law HB 000-208, (which says in essence: If you bring a civil case against a gun or ammunition seller and the case is dismissed then the plaintiff must pay all the defendant's costs), you have an impenetrable barrier to using the judicial system to effect change in gun legislation in Colorado.
    Everyone else in society has a duty to use reasonable care to not injure others -- except gun and ammunition sellers.
    To make matters worse, the judge ordered that we pay $203,000. This is an outrageous amount, especially given that this case was decided after one single motion! Lucky Gunner has said that it is going to donate all these fees to "gun rights" groups. The thought is disgusting to us that Lucky Gunner does not even plan to use this money to pay for their attorney's fees.
    Lucky Gunner wants to use blood money to fund the NRA and like-minded groups. See for yourself. Check out Lucky Gunner's self-serving description of our case then click on "Head Here" (the green words at the end of Lucky Gunner's last sentence) to find out how the money is to be distributed.
    The law says we are responsible for these fees, which we recognize. We do not have the money to pay this amount. The Judge insinuated in his order that Brady should pay since he said they were the instigators. If this was a ploy designed to give the appearance that Brady was responsible and turn us against each other, it did not work.
    Brady is still fighting for us pro bono and we see no evidence that the Brady Campaign to Prevent Gun Violence will not help us raise funds if and when that time comes.
    We believe that the judge's decision was wrong, and that it is unconstitutional to financially punish people for bringing a lawsuit, especially a public interest case that did not seek a dime. But rather than risk possibly being ordered to pay even more fees, we are changing our focus from going after these laws in the judicial branch (we have dropped our appeal) to getting them overturned on the legislative level.
    We have brought attorney Dan Wartell with the law firm Jones & Keller into our team who is also helping us.
    We hope that we are spearheading a movement to expose these egregious and unconstitutional laws for what they really are. They are an attack on our civil liberties. With these laws in place ordinary citizens are effectively barred by the exorbitant cost from bringing any civil action against sellers of firearms and ammunition.
    It is un-American and outrageous that these special laws can deny us our day in court simply because we were victimized by the gun industry. Our lawsuit was not frivolous. Our Jessi was shot multiple times with high-velocity, armor-piercing bullets that were designed by our military to inflict maximum damage on enemy combatants.
    One of the six, steel-jacketed bullets that killed her slammed through a theater seat, entered her left eye and left a five-inch hole in her face as it blew her brains out on to the theater floor. The other five specially designed bullets tumbled when they tore through her flesh and did devastating damage to both legs, arms and intestines.
    Those bullets were six of 4,000 that Lucky Gunner sold to a mass murderer in one sale without even checking his driver's license.
    Why is there a law that says you cannot sue an ammunitions dealer that allowed 4,000 rounds of armor-piercing bullets into the wrong hands?
    How else are we as citizens going to get them to stop doing that?
    No other industry has this immunity.


    The horrific and public execution of our daughter Jessi and 11 other beautiful young lives has given us a brief window of opportunity to bring awareness to the number one public health crisis facing this nation today which is rampant gun violence. It is unfathomable to me that the billion dollar gun lobby can intimidate our Congress and some state legislatures into passing laws that give the gun industry immunity against irresponsible acts that enables them to arm, and profit from, domestic terrorists, and other killers.
    It is abhorrent to us as the parents of a child who has been killed by a person with outwardly obvious mental issues who was able to easily access a one hundred round magazine and 4,000 rounds of armor-piercing bullets online without a valid ID.
    Who is our last line of defense that makes that conscious decision to not ask for ID before selling large orders of lethal, military-grade armament? Online sellers, knowing they are shielded by immunity laws, refuse to put into place even minimal safeguards that would save lives. That is abhorrent to us.
    One of the ways that we can level the playing field is to create precedents in our court rooms that make gun and ammunition dealers pay a price for conduct that contributes to gun violence. Another way is to lobby our state and federal legislators to repeal these laws. That is our objective.
    We are calling on the citizens of this country and the gun violence prevention community to stand ready to help us get in the face of state and national legislators. Join us in helping to get the word out to the American citizens who are not aware of how these laws take away the rights of victims of gun violence.
     
    Last edited: Sep 26, 2015
    Icey, chapped, Gusbuss and 3 others like this.
  2. VarmintSam

    VarmintSam Well-Known Member VIP Gold

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    Sorry for your loss, but guns arent the problem.
     
  3. Head Censor

    Head Censor Turgid Member VIP

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    I'm sorry your daughter is gone, Lonnie and Sandy, but you're being forced to pay these legal fees because you engaged in a frivolous lawsuit. What you're experiencing is what's supposed to happen when you force other innocent people to expend hundreds of thousands of dollars for no other reason than to defend themselves from your nonsense.

    How would you feel if I sued you on the basis that reading your illogical and poorly reasoned argument here caused me to lose IQ points?
     
    Last edited: Sep 26, 2015
  4. Tipsey Russell

    Tipsey Russell VIP Extreme Gold

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    that's some shit to live with
     
  5. VarmintSam

    VarmintSam Well-Known Member VIP Gold

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    shills gonna shill
     
  6. Beth143nacho

    Beth143nacho Well-Known Member VIP

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    You should've sued the leftist assholes that used you and your daughters tragedy to push an anti-gun agenda and give you hope when they knew you couldn't win...

    But any publicity is good publicity.

    Sorry for your loss.
     
  7. blckknight60

    blckknight60 Well-Known Member

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    lol of course they arent, look at england with its mass shootings every we-

    oh.
     
  8. Bristol Chicken

    Bristol Chicken Free Range and Loving It Gold

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    Agreed. They obviously and understandably filed the suit while emotionally charged and angry. Not a good starting point for legal action.
     
  9. VarmintSam

    VarmintSam Well-Known Member VIP Gold

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    oh? Did you cum all over yourself posting that horseshit. Fuck England.
     
  10. smichal

    smichal A1 Dick Game

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    oh I thought this was YOUR story
     
  11. blckknight60

    blckknight60 Well-Known Member

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    haha yea fuck england for not having mass shootings on the regular, god damn liberal pussies
     
  12. HS Cult Leader

    HS Cult Leader Elite Member Gold

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    I have sympathy for them needlessly losing their daughter, but I have no sympathy for them now. I would feel the same if some family tries to sue a beer company and a auto manufacture because a loved one was killed by a drunk driver.


    The same thing happened some years ago when some dickheads decided to try to derail an Amtrack train back east, they managed and there was a serious train wreck. They quickly found the guys and threw them in prison. A huge group of victims filed a multimillion dollar law suit against Amtrack to cover all their injuries, pain, suffering, loss.....ect. It was thrown out because they said Amtrack was also a victim of sabotage and weren't negligent or could have prevented the accident. So all the legal fees and costs were equally divided up and handed to each person that joined the suit, they were howling and crying for help after that and insisted it wasn't fair.



    EDIT:

    • August 12, 1992 – United States – just outside Newport News, Virginia, Amtrak's Colonial passenger train, traveling at nearly 80 mph (130 km/h), enters a switch that had just moments before been opened by a pair of saboteurs. Though there are no fatalities, dozens are injured. Sixty of the passengers subsequently sue Amtrak and CSX (who owned the right-of-way) for negligence, but the case is decided in favor of the railroad companies as it was determined that there was no way for the train crew to prevent the incident. The two men (Joseph Loomis and his accomplice, fellow Coast Guardsman Raymond Bornman Jr. ) were sentenced to federal prison terms for the crime.

    More info: http://articles.dailypress.com/1993-12-21/news/9312210117_1_amtrak-derailment-joseph-loomis-train

    http://articles.dailypress.com/1994-12-17/news/9412170056_1_medical-bills-passengers-train
     
    Last edited: Sep 26, 2015
  13. Bristol Chicken

    Bristol Chicken Free Range and Loving It Gold

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    That's the reason I posted this. The juxtaposition of their grief and anger. No matter what your thoughts are on guns, mental illness, etc. The parents will never see their daughter walk through the door again.
     
  14. PI Nate

    PI Nate Disenfranchised since 1984... Gold

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    I feel bad for the parents but the ammo dealer didn't pull the trigger.
     
  15. Bristol Chicken

    Bristol Chicken Free Range and Loving It Gold

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    God no.
    If it was I doubt I would be posting here because I would probably be to busy suing whoever makes orange hair dye.
     
  16. Sickboy

    Sickboy Latverian Monarch

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    I think the U.S. could benefit from taking a page from one aspect of the Canadian firearm application process...character references. The R.C.M.P. require that applicants provide 2 (in your case it should be "bumped" up) character references from individuals not related to the applicant, if the applicant is married the spouse must be one of them. I doubt any of your mass shooters would have got anyone to endorse them owning guns.
     
  17. Shadoe Stevens

    Shadoe Stevens Well-Known Member

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    All the best to you and your family.
     
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  18. Father O'Blivion

    Father O'Blivion Well-Known Member

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    We do the same thing here for pistol permits.
     
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  19. Bristol Chicken

    Bristol Chicken Free Range and Loving It Gold

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    I'm a legal and responsible owner of a small arsenal here in the US. I'm on the side of the fence that we do not do enough to ensure that firearms stay out of the hands of certain individuals.
    Do I have all the answers? No. Should it be discussed and debated? Absolutely.
     
  20. Bristol Chicken

    Bristol Chicken Free Range and Loving It Gold

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    Thank you.
    All of my daughters are alive and well.
     
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