Uvalde Families Now Suing FedEx and UPS for Shipping Rifle and Trigger Assembly

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  • bgcatty

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    Desperate and depressed families grasping at straws being aided and abetted by unscrupulous “professionals” seeking publicity and to make a buck!
    Makes me sick to my stomach! :rockwoot:
     

    ECS686

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    Let's carry this out ad absurdum... Suppose a drunk driver kills someone after leaving a bar. Can the family of the deceased sue the beverage distributors that delivered to the bar? Because that's exactly the same scenario as this bogus lawsuit.

    Just the messenger so by that here is the difference.

    The issue is this isn’t protected by the Commerce protection act. They (The families attorney) is going after them for the way Daniels Defense marketed it not just making a product.

    The Newtown lawsuit was the same grounds Glock which had a product that was also used was not sued. (If they were it had zero traction) and this Uvalde lawsuit has the same players that filed the one against Bushmaster I. Newtown

    James Reeves does a pretty good job explaining all of the so when folks make a drink driving comparison they are missing the fine print.

     

    Amishman44

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    If UPS and FedEx can be forced to quit shipping any firearms or firearm components, it shuts down the entire industry and effectively disarms America.
    In combat, we know that one works to defeat the enemy by any and all means possible...not by just stopping the enemy in head-to-head combat, but by also working to destroy the enemy's ability to restock and resupply, mainly by disrupting their ability to move supplies and troops to where they need to be!
    This is just that...it's an attack on the supply line(s)!
     
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    Amishman44

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    About the only one that did an admirable job that day was Angeli Gomez.



    When push comes to shove and SHTF, you and you alone are responsible for the protection of your loved ones, your self, and your property.

    Tough mother...good for her! I had heard about her actions, but this was the first time I heard her story first-hand!
    She tells the truth about how law enforcement was still waiting outside, while active shooting was still going on inside the building!
     

    JAL

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    The City and LEO agencies all have easily enforceable Qualified Immunity. That's why the Uvalde City settlement was a mere $2 Million. It helped protect the city's image and was payable by their insurance. It does not help achieve the ultimate goals of the dude mounting all the current lawsuits: total disarmament of all civilians.

    Re the UPS part of the lawsuit:
    More details about UPS being named in this lawsuit. FedEx is being pursued for having shipped the gun from Daniel Defense to the Uvalde gun store. Allegedly ordered the gun from Daniel Defense mere minutes before turning 18 years old. Pursuing UPS in the lawsuit isn't so obvious in filings available online. UPS shipped a "Hellfire Stealth" mechanism directly to the shooter. The "Stealth" version is concealed inside the pistol grip and cannot be seen externally without peering into the grip from its bottom. It works using recoil and some springs to speed up trigger reset, allowing it to be pulled again immediately. The First Principle is the same as that for a bump stock using a different means to accomplish it. Allegedly shipped it to him in 2021 (not 100% confident of the year).

    Information about the Hellfire Stealth for mechano-geeks:
    https://www.firequest.com/HEG3X.html

    I'm not promoting these devices which I consider to be "I can shoot faster than you can!" therefore I'm the Biggest Badass range toys versus practical devices. Nor am I promoting making them illegal.
     

    JAL

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    Remove to federal court. Raise PLCAA.

    :dunno:
    PLCAA isn't applicable to shipping companies, It only protects manufacturers, dealers, wholesalers and importers. This is the ingenuity of those waging anti-2A Lawfare. They keep trying new methods to worm their way around existing laws and case law. The 2A community needs to win every time. They only need win once, and 2A is in the dust bin of history. Arguing the PLCAA covers shipping organizations and companies would be an extreme stretch, at best, and I don't believe it would work.

    Removal to Federal Court could possibly be done arguing Interstate Commerce and the state court in Bexar County lacking jurisdiction. However, that just starts it all over in a different court. Better to get it dismissed in the state court with Summary Judgement. That would slow them down forcing them to refile. I believe the plaintiffs would do that in the Western District of Texas. Nevertheless I also believe, unless they randomly get a wacko judge, it would be dismissed in a trial court there. It's not as if you're in the 9th Circus, or the 1st through 4th Circuses.

    As an aside, this reinforces the importance of Presidential and Senate elections. You need both to get Federal Judges appointed and Biden is moving as fast as he can on as many appointments to District and Appeals Courts as he can. Many of them don't belong on the bench, but they meet all the West Wing's WOKE Activist requirements.
     
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    JAL

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    Yep. Suing the police and the school made sense. Now it's just a money grab.
    The promise of a mega-millions win for the victims' families is the enticement to get them to sign on to the lawsuits as named plaintiffs. The real goal isn't a "money grab". It's total destruction and annihilation of the entire firearm industry in the U.S., lock, stock and barrel (pun intended) to ultimately achieve complete disarmament. That includes manufacturers, distributors, importers, dealers, shippers, advertisers, toy makers, games with firearm content, 2A advocacy organizations, and any social media with any firearm content whatsoever.
     

    Cameramonkey

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    May 12, 2013
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    Yep. Suing the police and the school made sense. Now it's just a money grab.
    This. And its nothing new.

    They've been doing it for decades. Especially in the aviation industry.

    You are flying your private airplane. It throws a rod on takeoff and you fail to act properly and end up crashing and are killed.

    You family sues:
    Cessna because it was their plane
    Lycoming because they made the engine
    Mobil oil because the oil was in the engine.
    Makes sense so far. But...

    Then they sue these companies just because they were there at the time:
    Rockwell for the instruments
    Goodyear for the tires
    Borg Warner for the brake pads
    GE because they make the landing lights

    All because they know the companies will write checks to make the estate go away, not because any of the second group actually had anything to do with it. Its more about a shakedown than justice.
     

    Cameramonkey

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    And something else I just thought of. If the judge allows this to proceed it sets a VERY dangerous precedent.

    If Fedex could be sued for a transaction that happened later in the life of the product, what is to stop a drunk driving victim from suing you because the car you sold to your brother, was later sold to the drunk driver? Same diff. Just like the shippers, you had no relationship with the driver, and you had no control over the sale. Yet you could also be sued using this logic.
     

    MinuteManMike

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    Just the messenger so by that here is the difference.

    The issue is this isn’t protected by the Commerce protection act. They (The families attorney) is going after them for the way Daniels Defense marketed it not just making a product.

    The Newtown lawsuit was the same grounds Glock which had a product that was also used was not sued. (If they were it had zero traction) and this Uvalde lawsuit has the same players that filed the one against Bushmaster I. Newtown

    James Reeves does a pretty good job explaining all of the so when folks make a drink driving comparison they are missing the fine print.



    Yeah, we already get it. Lawyers are slime and should be shunned by decent humans.
     

    ECS686

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    Yeah, we already get it. Lawyers are slime and should be shunned by decent humans.
    While some will take offense I’m just saying some companies have maybe gave the left some ammo on their advertising. Not agreeing with it however the left is good at seeing where they can shoot the arrow so to speak.

    Hopefully it gets thrown out we will see
     

    sailordave

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    Oct 8, 2016
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    Been quietly saying for years that the entirety of American access to new production firearms rides on two private corporations, UPS and FedEx. Two companies which can be infiltrated, bought, bullied, threatened, and controlled without a single democratic vote ever taking place. All it takes is money, a billionaire in your pocket.
    I've been thinking that myself. I had problems with UPS last month trying to ship a couple of pistols due to "new rules". Finally had to take them to my FFL guy.
     

    fullmetaljesus

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    Completely ridiculous. Hopefully Texas shuts that nonsense down. So now these people want shipping companies to do background checks on everything they ship? Laughable.
    We already have to give up too much info to send a package. I should be able to walk in set down a box and cash and that be the end of it.
     

    DoggyDaddy

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    Aug 18, 2011
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    We already have to give up too much info to send a package. I should be able to walk in set down a box and cash and that be the end of it.
    Alternatively... ;)

    So I'm comin' home, I'm runnin' low and fast
    I promised my woman this is gonna be my last
    I get the ship down, I tie her fast
    Then some old boy walks up, and he says "Hey son" wanna' make some fast cash?
    I'm a treetop flyer

     
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