A few days ago, Brady United filed a lawsuit in Orange and San Bernardino Counties, California, against several "ghost guns" manufacturers. The gun control group accuses the defendants of failing to prevent criminals from using their gun kits and parts to make firearms.
Brady United represents victims and relatives of those injured or killed by Kevin Neal, a mentally-ill man who used a "ghost gun" to kill five people and shoot up at an elementary school in 2017.
However, Brady hasn't linked any of the defendants to the shootings. Thus, the lawsuit is merely intended to earn the gun control group some bragging rights and reputation as the first group to sue on behalf of "ghost guns" victims.
The plaintiff accuses several manufacturers, including Defense Distributed, of various violations such as improper marketing and negligence. However, Defense Distributed denies those charges saying that its products and conduct have been in accordance with the law.
Brady's lawsuit says that "ghost guns" makers refused "to use reasonable safety measures that could have limited the risk of their products falling into the hands of such dangerous individuals."
It seems that Brady United wishes to transfer the criminal liability to the manufacturers and absolve the criminals who abused the companies' products.
Jonathan Lowy, Brady's attorney, says that the companies "put us all at risk by selling to virtually anyone DIY kits that can then be easily assembled into illegal, deadly, and untraceable assault weapons, all without a Brady background check or paper trail."
The gun-control group was able to sue these companies because, unlike gunmakers, they are not protected by the Protection of Lawful Commerce in Arms Act. This is because 80% receivers are not considered as "firearms" under the Gun Control Act.
Consequently, the unfinished parts are not covered by various gun control laws, such as the need for serial numbers and background checks. However, California requires that firearms homemade made firearms must have serial numbers for easy tracking. Brady asserts that the unfinished firearms violate federal and state gun laws.
It's almost certain that such a generalized lawsuit cannot withstand legal scrutiny. However, that does not deter gun control groups from filing frivolous lawsuits to make a political statement.
If confirmed, Biden promised to repeal the PLCAA opening the floodgates for similar lawsuits against real firearm manufacturers.
A similar lawsuit was filed in Connecticut against Remington following the Sandy Hook Elementary school mass shooting incident.
It's a strategy involving the harassment of law-abiding manufacturers and causing them to incur substantial legal expenses to drive them out of business.
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