Family of Aurora CO. Victim Sues Gun Retailers, Ends Up Owing $203,000

Jessica Redfield Ghawi was 24 when she was shot and killed during the movie theater massacre in Aurora CO. While the anger of her parents is justified, their lawsuit directly conflicts with the constitutional rights of store owners.

The suit did not ask for damages but only an injunction requiring the dealers to end their “negligent and dangerous business practices.”

U.S. District Judge Richard Matsch of Denver sided with the ammo dealers. Late last month, (March 2015) he ruled not only that the Phillipses’ case must be dismissed but also that Lucky Gunner and The Sportsman’s Guide are entitled to fees and costs. Even though Matsch’s decision apparently marks the first time that fees have been granted under Colorado’s law shielding gun and ammo dealers from liability, the judge didn’t provide any explanation of his reasoning.

Lonnie and Sandy Phillips, parents of Aurora victim Jessica Ghawi explain their stance on the lawsuit:

“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.

The hearts of American citizens on both sides of the debate, no doubt go out to Lonnie and Sandy Phillips. However, it’s somewhat ridiculous to hold companies accountable for what an individual does with the products they buy. If what these gun retailers were doing was illegal, it would have been stopped long ago. That being said, it’s entirely possible that had somebody been armed in that theater that night, none of this would be happening.

Source: truthuncensored.net