In 2012, Zina Daniel Haughton obtained a domestic abuse restraining order against her estranged husband. The order prohibited the husband from possessing a gun and made him a "prohibited" firearms purchaser under federal and state criminal laws. He obtained a handgun and three "high-capacity" magazines, facilitated by Armslist.com, in an cash deal consummated in a McDonald's parking lot three days after the restraining order was issued. The next day, he murdered Zina Daniel Haughton and two of her coworkers and wounded four others before killing himself, while her daughter, Yasmeen Daniel, witnessed it.
Yasmeen Daniel is the petitioner, on behalf of herself for the trauma she says she experienced and on behalf of the estate of her mother, appealing to SCOTUS.
The suit contends that, not only is Armslist specifically designed to facilitate the circumvention of gun laws, evidenced by its own terms of service which assures users that Armslist does not check or enforce the legality of any sale, but that it knowingly engages in conduct specifically to attract felons and other prohibited persons while making no attempt to flag any potentially illegal gun sales, such as by identifying the parties in a firearm transfer, checking their criminal backgrounds, or enforcing mandatory waiting periods.
Wisconsin courts dismissed the case, on the grounds that Armslist is not itself involved in any transaction, therefore granting it safe harbor.
Armslist has waived its right to respond.
The cert petition is scheduled for conference October 1.
Docket
Edited by Euler, 16 September 2019 - 04:46 PM.
