Euler Posted September 16, 2019 at 10:44 PM Posted September 16, 2019 at 10:44 PM Petition for Certiorari 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
357 Posted September 17, 2019 at 03:26 AM Posted September 17, 2019 at 03:26 AM Let's blame cars and car dealers for drunk driving.
borgranta Posted September 17, 2019 at 06:23 AM Posted September 17, 2019 at 06:23 AM It is good that the lawsuit against Armslist was dismissed since it would have sent a dangerous precedent that could open the door to someone suing a newspaper like Chicago Tribune over a car being sold through an add to a drunk driver.
Euler Posted September 17, 2019 at 06:51 AM Author Posted September 17, 2019 at 06:51 AM It is good that the lawsuit against Armslist was dismissed ... It was only dismissed in Wisconsin. It's scheduled for SCOTUS conference in October.
lockman Posted September 17, 2019 at 05:08 PM Posted September 17, 2019 at 05:08 PM What makes Armslist.com any different than a magazine ad or a community bulletin board listing?
Talonap Posted September 17, 2019 at 05:19 PM Posted September 17, 2019 at 05:19 PM It's not up to Armslist or any online seller to check anything. It's up to the FFL at which the firearm is picked up.
Flynn Posted September 17, 2019 at 05:35 PM Posted September 17, 2019 at 05:35 PM What makes Armslist.com any different than a magazine ad or a community bulletin board listing? Nothing beyond the fact it's an easy anti-gun target. If the Supreme Court does accept this it they best rule that Armslist and other advertising platforms have safe harbor, because if not a big can of worms would be opened up.
Euler Posted September 20, 2019 at 05:47 AM Author Posted September 20, 2019 at 05:47 AM ... Armslist has waived its right to respond. The cert petition is scheduled for conference October 1. Docket SCOTUS has requested a response, due October 18 (which is after the Oct 1 conference, obviously).
soundguy Posted September 21, 2019 at 02:01 AM Posted September 21, 2019 at 02:01 AM National FOID...
JTHunter Posted September 21, 2019 at 03:25 AM Posted September 21, 2019 at 03:25 AM National FOID... Bite your tongue !! We shouldn't give them any ideas as the ones they are already dreaming up are bad enough !!
Tango7 Posted September 22, 2019 at 09:06 PM Posted September 22, 2019 at 09:06 PM National FOID... Here you go:
JTHunter Posted September 23, 2019 at 02:49 AM Posted September 23, 2019 at 02:49 AM Good reply Tango !
Euler Posted October 19, 2019 at 06:20 AM Author Posted October 19, 2019 at 06:20 AM The SC requested Armslist to respond to the cert petition. It did.
Euler Posted October 31, 2019 at 06:47 PM Author Posted October 31, 2019 at 06:47 PM Daniel has replied to Armslist's response.
Euler Posted November 25, 2019 at 08:02 PM Author Posted November 25, 2019 at 08:02 PM SCOTUS denied the cert petition today. As always, the court doesn't say why it was denied, only that it was.
TomKoz Posted November 26, 2019 at 01:43 AM Posted November 26, 2019 at 01:43 AM So what does that mean for us non-lawyerly types ?
Euler Posted November 26, 2019 at 02:06 AM Author Posted November 26, 2019 at 02:06 AM Armslist continues to be Armslist.
Flynn Posted November 26, 2019 at 02:07 AM Posted November 26, 2019 at 02:07 AM So what does that mean for us non-lawyerly types ? It means the lower court in this case the Supreme Court of Wisconsin's reversal and dismissal of the appeals courts reversal (that said it could go forward) stands, case dismissed and closed no lawsuit can go forward on those claims.
Flynn Posted November 26, 2019 at 04:27 AM Posted November 26, 2019 at 04:27 AM A Win for the 2A ! And 1st!
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