ADCO Firearms Sued Over Straw Purchase; Suicide

[HCM]

ADCO Firearms, known for gunsmithing on modern “military style” guns is being sued over a handgun they sold to a straw purchaser who subsequently provided it to a prohibited person who used it to kill herself.

The purchaser was apparently prosecuted for the straw purchaser but now the deceased’s family is suing via a law firm which is a donor to the Brady Gun Control group.


Police Report:

https://adcofirearms.com/wp-content/...2/07/DOC-1.pdf

Complaint:

https://adcofirearms.com/wp-content/...NT_FILED-1.pdf

Brady donation:

https://www.bradyunited.org/donor-sp...cooper-elliott

@joshs

How common are suits like this vs FFLs ?

[joshs]

It was becoming more common before the passage of the Protection of Lawful Commerce in Arms Act. That made these cases more rare, but they've been increasing as some courts have allowed a broader category of claims to proceed under what is commonly referred to as the "predicate exception" to the PLCAA. That exception limits the liability shield where the retailer or manufacturer violates a law applicable to the sale or marketing of a firearm (the main fight has been over whether the exception applies only to a law expressly covering sale or marking of firearms (like most of the GCA) or generally applicable laws (like the Connecticut Unfair Trade Practices Act at issue in the Remington case)).

[GJM]

It was becoming more common before the passage of the Protection of Lawful Commerce in Arms Act. That made these cases more rare, but they've been increasing as some courts have allowed a broader category of claims to proceed under what is commonly referred to as the "predicate exception" to the PLCAA. That exception limits the liability shield where the retailer or manufacturer violates a law applicable to the sale or marketing of a firearm (the main fight has been over whether the exception applies only to a law expressly covering sale or marking of firearms (like most of the GCA) or generally applicable laws (like the Connecticut Unfair Trade Practices Act at issue in the Remington case)).

So the Sandy Hook litigation/settlement was based on a CUTPA claim?

[HCM]

Another:

https://www.kxan.com/news/local/trav...r-suicide/amp/

Texas mother sues Academy after selling daughter the gun used in her suicide

TRAVIS COUNTY, Texas (KXAN) – A Texas mother filed a civil lawsuit in Travis County against Academy Sports + Outdoors for selling a gun to her daughter July 2 in Austin. The gun was subsequently used by the daughter in her suicide.


Court documents said the daughter struggled with bipolar and general anxiety disorder.

“Academy never should have sold her the firearm and ammunition, given the condition in which she presented that Friday night, intending to purchase a firearm even after the store had closed,” the lawsuit said.

KXAN reached out to Academy Sports + Outdoors. This article will be updated if a statement is issued.

The lawsuit seeks more than $1 million, according to records.

Court records said the mother is suing for negligence, negligent hiring, training and supervision, negligent entrustment and gross negligence.

The lawsuit also requested evidence pertaining to the case be preserved. This request included statements, surveillance tapes, audiotapes, business records, investigation reports and any electronic image or information related to the incident.

[joshs]

So the Sandy Hook litigation/settlement was based on a CUTPA claim?

Yes.

"For the foregoing reasons, we conclude that the trial court properly determined that, although most of the plaintiffs' claims should have been dismissed, PLCAA does not bar the plaintiffs' wrongful marketing claims and that, at least to the extent that it prohibits the unethical advertising of dangerous products for illegal purposes, CUTPA qualifies as a predicate statute. Specifically, if the defendants' did indeed seek to expand the market for their assault weapons through advertising campaigns that encouraged consumers to use the weapons not for legal purposes such as self-defense, hunting, collecting, or target practice, but to launch offensive assaults against their perceived enemies, then we are aware of nothing in the text or legislative history of PLCAA to indicate that Congress intended to shield the defendants' from liability for the tragedy that resulted."

Soto v. Bushmaster Firearms Int'l, LLC, 331 Conn. 53, 157–58 (2019).

[rdtompki]

How can a legal opinion use the term "Assault Weapon" when such lacks a legal definition? (as I understand).

[ASH556]

Man I hate that. Upside down world. I’ve sent work to Steve several times over the years including 2 weeks ago. Good people.

[DMF13]

How can a legal opinion use the term "Assault Weapon" when such lacks a legal definition? (as I understand).

Does Connecticut law define an assault weapon?

[HCM]

How can a legal opinion use the term "Assault Weapon" when such lacks a legal definition? (as I understand).

Multiple state statutes and the 1994 federal “Public Safety and Recreational Firearms Use Protection Act''.” aka the 1994 Assault weapons and magazine ban have their own varying but specific legal definitions of “Assault Weapon”

[HCM]

Does Connecticut law define an assault weapon?

Yes it does.

https://law.justia.com/codes/connect...ection-53-202a

2015 Connecticut General Statutes
Title 53 - Crimes
Chapter 943 - Offenses Against Public Peace and Safety
Section 53-202a - Assault weapons: Definitions.
Universal Citation: CT Gen Stat § 53-202a (2015)
As used in this section and sections 53-202b to 53-202k, inclusive:

(1) “Assault weapon” means:

(A) (i) Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or any of the following specified semiautomatic firearms: Algimec Agmi; Armalite AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and Pistol; Weaver Arms Nighthawk; Wilkinson “Linda” Pistol;

(ii) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subparagraph (A)(i) of this subdivision, or any combination of parts from which an assault weapon, as defined in subparagraph (A)(i) of this subdivision, may be rapidly assembled if those parts are in the possession or under the control of the same person;

(B) Any of the following specified semiautomatic centerfire rifles, or copies or duplicates thereof with the capability of any such rifles, that were in production prior to or on April 4, 2013: (i) AK-47; (ii) AK-74; (iii) AKM; (iv) AKS-74U; (v) ARM; (vi) MAADI AK47; (vii) MAK90; (viii) MISR; (ix) NHM90 and NHM91; (x) Norinco 56, 56S, 84S and 86S; (xi) Poly Technologies AKS and AK47; (xii) SA 85; (xiii) SA 93; (xiv) VEPR; (xv) WASR-10; (xvi) WUM; (xvii) Rock River Arms LAR-47; (xviii) Vector Arms AK-47; (xix) AR-10; (xx) AR-15; (xxi) Bushmaster Carbon 15, Bushmaster XM15, Bushmaster ACR Rifles, Bushmaster MOE Rifles; (xxii) Colt Match Target Rifles; (xxiii) Armalite M15; (xxiv) Olympic Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, K48, K8 and K9 Rifles; (xxv) DPMS Tactical Rifles; (xxvi) Smith and Wesson M&P15 Rifles; (xxvii) Rock River Arms LAR-15; (xxviii) Doublestar AR Rifles; (xxix) Barrett REC7; (xxx) Beretta Storm; (xxxi) Calico Liberty 50, 50 Tactical, 100, 100 Tactical, I, I Tactical, II and II Tactical Rifles; (xxxii) Hi-Point Carbine Rifles; (xxxiii) HK-PSG-1; (xxxiv) Kel-Tec Sub-2000, SU Rifles, and RFB; (xxxv) Remington Tactical Rifle Model 7615; (xxxvi) SAR-8, SAR-4800 and SR9; (xxxvii) SLG 95; (xxxviii) SLR 95 or 96; (xxxix) TNW M230 and M2HB; (xl) Vector Arms UZI; (xli) Galil and Galil Sporter; (xlii) Daewoo AR 100 and AR 110C; (xliii) Fabrique Nationale/FN 308 Match and L1A1 Sporter; (xliv) HK USC; (xlv) IZHMASH Saiga AK; (xlvi) SIG Sauer 551-A1, 556, 516, 716 and M400 Rifles; (xlvii) Valmet M62S, M71S and M78S; (xlviii) Wilkinson Arms Linda Carbine; and (xlix) Barrett M107A1;

(C) Any of the following specified semiautomatic pistols, or copies or duplicates thereof with the capability of any such pistols, that were in production prior to or on April 4, 2013: (i) Centurion 39 AK; (ii) Draco AK-47; (iii) HCR AK-47; (iv) IO Inc. Hellpup AK-47; (v) Mini-Draco AK-47; (vi) Yugo Krebs Krink; (vii) American Spirit AR-15; (viii) Bushmaster Carbon 15; (ix) Doublestar Corporation AR; (x) DPMS AR-15; (xi) Olympic Arms AR-15; (xii) Rock River Arms LAR 15; (xiii) Calico Liberty III and III Tactical Pistols; (xiv) Masterpiece Arms MPA Pistols and Velocity Arms VMA Pistols; (xv) Intratec TEC-DC9 and AB-10; (xvi) Colefire Magnum; (xvii) German Sport 522 PK and Chiappa Firearms Mfour-22; (xviii) DSA SA58 PKP FAL; (xix) I.O. Inc. PPS-43C; (xx) Kel-Tec PLR-16 Pistol; (xxi) Sig Sauer P516 and P556 Pistols; and (xxii) Thompson TA5 Pistols;

(D) Any of the following semiautomatic shotguns, or copies or duplicates thereof with the capability of any such shotguns, that were in production prior to or on April 4, 2013: All IZHMASH Saiga 12 Shotguns;

(E) Any semiautomatic firearm regardless of whether such firearm is listed in subparagraphs (A) to (D), inclusive, of this subdivision, and regardless of the date such firearm was produced, that meets the following criteria:

(i) A semiautomatic, centerfire rifle that has an ability to accept a detachable magazine and has at least one of the following:

(I) A folding or telescoping stock;

(II) Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing;

(III) A forward pistol grip;

(IV) A flash suppressor; or

(V) A grenade launcher or flare launcher; or

(ii) A semiautomatic, centerfire rifle that has a fixed magazine with the ability to accept more than ten rounds; or

(iii) A semiautomatic, centerfire rifle that has an overall length of less than thirty inches; or

(iv) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of the following:

(I) An ability to accept a detachable ammunition magazine that attaches at some location outside of the pistol grip;

(II) A threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer;

(III) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to fire the firearm without being burned, except a slide that encloses the barrel; or

(IV) A second hand grip; or

(v) A semiautomatic pistol with a fixed magazine that has the ability to accept more than ten rounds; or

(vi) A semiautomatic shotgun that has both of the following:

(I) A folding or telescoping stock; and

(II) Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing; or

(vii) A semiautomatic shotgun that has the ability to accept a detachable magazine; or

(viii) A shotgun with a revolving cylinder; or

(ix) Any semiautomatic firearm that meets the criteria set forth in subdivision (3) or (4) of subsection (a) of section 53-202a of the general statutes, revision of 1958, revised to January 1, 2013; or

(F) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in any provision of subparagraphs (B) to (E), inclusive, of this subdivision, or any combination of parts from which an assault weapon, as defined in any provision of subparagraphs (B) to (E), inclusive, of this subdivision, may be assembled if those parts are in the possession or under the control of the same person;