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Daniel v Armslist


Euler

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Posted

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

Posted

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.

Posted

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.

Posted

...

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).

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Posted

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.

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