There’s a sad-sack story being circulated by gun-control advocates about Lonnie and Sandy Phillips. In essence, the claim is that they’re being bankrupted by an evil gun retailer who knowingly armed the Aurora movie theater shooter.
The truth is something altogether different.
The lawsuit itself [pdf] was an attempt to hold online dealers culpable because they sold ammunition without a background check. There is no law in Colorado, or on the federal level, mandating such a practice.
Notice the “should have known” clauses:
Defendants in this case knew, should have known, or knew that it was substantially certain, that in his state of mental instability Holmes would present a danger to society if he were allowed to possess dangerous materiel. Nonetheless, Defendants negligently supplied and entrusted him with the materiel he used to launch his assault.
As an experienced ammunition seller, The Sportsman’s Guide should have known or knew that it was substantially certain that ammunition should not be supplied to persons who may pose a foreseeable risk of harm, including persons with dangerous mental illnesses such as Holmes.
Continued...