Progress Pond

Victim’s Family to Pay – UPDATE

Holmes may get the death penalty, but Ammunition Dealers have full immunity

The family of 24-year-old Jessica Ghawi, a victim in the 2012 movie theater shooting in Aurora, Colorado, is faced with more than $200,000 in legal costs after a federal judge ordered them to pay attorney’s fees for four ammunition dealers the family attempted to sue.

“They have taken our daughter, and now they want to take our worldly goods,” Lonnie Phillips told MSNBC’s Tamron Hall in a televised interview earlier this week. “I think that’s a little much.”

The legal impediment was:

The Protect the Gun and Ammo Industry Act – 2005 (aka: S. 397 (109th): Protection of Lawful Commerce in Arms Act)
This was such a POS that even Lieberman voted “Nay.”  As did Ms. Clinton.

The gun/ammo industry Senate Democrats:

Blanche Lincoln (AR)
Mark Pryor (AR)
Ken Salazar (CO)
Bill Nelson (FL)
Mary Landrieu (LA)
Max Baucus (MT)
Ben Nelson (NB)
Harry Reid (NV)
Kent Conrad (ND)
Bryan Dorgan (ND)
Arlen Spector (PA)
Tim Johnson (SD)
Robert Byrd (WV)
Jay Rockefeller (WV)
Herb Kohl (WI)

(Not too many of them left to kick around now.)

Republican Senators that balked on this one:

Mike DeWine (OH)
Lincoln Chafee (RI)

Here’s the House Vote for your perusal.

Nice to see that one of my favorite liberal/progressive politician, Sherrod Brown*, voted “Nay.”  The same cannot be said for Bernie Sanders.  If he wants to claim that it was a rural v. urban vote,  then why did Patrick Leahy vote against it?

If Sanders has since changed his position, he should tell us that and why.  And what would he say to the parents of Jessica Ghawi who have been ordered to pay $200,000.

Sure wish these folks felt as passionate about protecting the women’s health care industry.

———

* Would be remiss in not noting that Brown defeated the incumbent Mike DeWine in 2006.  
Informational Update

July 20, 2012 – Aurora theater massacre

September 16, 2014 press release, Brady Center Sues Online Sellers of Ammunition and Equipment Used in Aurora Movie Theater Massacre.

CNN 9/17/14

Phillips, whose daughter Jessica Ghawi was shot and killed in the attack that left 12 dead and dozens wounded.

The lawsuit alleges that Lucky Gunner, the Sportman’s Guide, BulletProofBodyArmorHQ.com and BTP Arms negligently supplied Holmes.

3/27/15 Denver Post reported that the suit was dismissed. (Order as to the amount plaintiff had to pay came later.)

December 14, 2012 — Sandy Hook Elementary School massacre

December 12, 2015, WaPo:Newtown families sue rifle manufacturer, distributor and seller for wrongful death


Bushmaster has been sued before after mass shootings. In 2004, two survivors and the families of six victims in the 2002 Washington-area sniper shootings settled for $2.5 million after filing suit against Bushmaster and a gun shop. Attorneys for the plaintiffs in that case said it was the first time a gunmaker had to pay damages for crimes involving their weapons.

Congress and the POTUS sure acted fast on protecting Bushmaster after that, didn’t they?

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