Cabela's ruling a warning shot against gun rights myopia

tirwin1 · Nov 5, 2020

This is just one element of the continued efforts to restrict gun ownership. Have liberal judges allow these lawsuits to proceed to "persuade" retailers the cost of selling ammo and/or guns is too high.

I would think new national legislation is unlikely since the senate is still republican. It would not surprise me if new laws are still proposed by the nutjobs in the house. This despite the fact that guns are flying off the shelves. The american people are voting with their money and legislators would be idiots not to take this into account.

tirwin1 · Nov 5, 2020

Deplorable Me said:
In her ruling rejecting Cabela’s bid to dismiss the claims, Justice Diane Devlin cited the affidavit of a retired Lancaster policeman, police firearms instructor and licensed gun dealer who said both the manufacturer and Cabela’s marketed the .45 ACP as handgun ammunition. He also said the rifles cited by Cabela’s lawyers as using that kind of ammo are not legal here under the SAFE Act.

Bad expert witness, he missed the Marlin Camp rifle in .45.

marlin camp 45 - Google Search

This asshole of an expert witness is a modern day benedict arnold.

That_FNG · Nov 5, 2020

tirwin1 said:
This asshole of an expert witness is a modern day benedict arnold.

I see he is licensed gun dealer. So cabelas would be a competing business. No conflict of interest there.

tirwin1 · Nov 5, 2020

That_FNG said:
I see he is licensed gun dealer. So cabelas would be a competing business. No conflict of interest there.

Didn't the idiot stop and think the same thing could happen to him? I hope all his customers leave and he goes out of business.

ICEMAN · Nov 5, 2020

I’m getting ready to retire from LEO career and NRA Instructor. How do I get one of these “expert witness jobs”? I doubt any of the activist DAs and Judges would like my opinion.

Xae289 · Nov 5, 2020

ICEMAN said:
I’m getting ready to retire from LEO career and NRA Instructor. How do I get one of these “expert witness jobs”? I doubt any of the activist DAs and Judges would like my opinion.

I imagine fellatio skills are part of the job description if that guy got it.

ICEMAN · Nov 5, 2020

Xae289 said:
I imagine fellatio skills are part of the job description if that guy got it.

Might be a problem then. Lol

Shadow2 · Nov 5, 2020

If a group of gun owners feels like protesting i hear Portland welcomes peaceful protests with (open arms). If Biden gets in you bet your ass its going to get allot worse, protests will be in order and cardboard silhouettes aren't going to (cut it).

Acer-m14 · Nov 5, 2020

ammo manufactures need to step the fuck up .. stop your damn sales to govt agents .. your ammo is for the public .. in which the fkin shelfs are bare now . . .. take a little burn in your pocket next to your ass for once ..

meketrefe · Nov 6, 2020

Please remind me, who sold the email server to Hilary Clinton?

Cooolone · Nov 6, 2020

The extension of this precedent has profound reaches!

Auto Industry
Tobacco
Chemical
Food
And more...

How would you buy, use or sell anything in California as everything has the Cancer warning! So this precedent there would basically allow you to sue anyone for almost anything if ever diagnosed with cancer because they should have "known"...

What buffoonery!

togmaster · Nov 6, 2020

Even though I don't agree with the law I think the judge was right in letting this proceed. Cabela's does market .45 ACP as handgun ammunition. To dismiss the claim now would have been wrong.

Edwardteach72 · Nov 6, 2020

togmaster said:
Even though I don't agree with the law I think the judge was right in letting this proceed. Cabela's does market .45 ACP as handgun ammunition. To dismiss the claim now would have been wrong.

Can you show me what part of the penal code makes it illegal to buy handgun ammo or posses handgun ammo without a handgun license?

I'm not trying to be a dick I'm actually wondering because I can't find it

reinhardt · Nov 6, 2020

togmaster said:
Even though I don't agree with the law I think the judge was right in letting this proceed. Cabela's does market .45 ACP as handgun ammunition. To dismiss the claim now would have been wrong.

Just Right Carbines, located in Canandaigua makes a carbine for 45acp. I go to their website and the home page states "Popular Pistol Calibers , Glock/M&P Magazines". So unfortunately they market their product as being made for a pistol caliber. I'm afraid to go to the Rossi site and see what they say about their Circuit Judge revolver carbine.

Edwardteach72 · Nov 6, 2020

reinhardt said:
Just Right Carbines, located in Canandaigua makes a carbine for 45acp. I go to their website and the home page states "Popular Pistol Calibers , Glock/M&P Magazines". So unfortunately they market their product as being made for a pistol caliber. I'm afraid to go to the Rossi site and see what they say about their Circuit Judge revolver carbine.

The circuit judge revolver shoots .410 and .45colt

meketrefe · Nov 6, 2020

This is America so suing is the #1 national sport .
This is obviously a frivolous law suit so one option is for the judge to put it in the trash can where it belongs and the other is to let them go through and smash it in court so it serves as a precedent for legal reform.

Bob · Nov 6, 2020

Edwardteach72 said:
Can you show me what part of the penal code makes it illegal to buy handgun ammo or posses handgun ammo without a handgun license?

I'm not trying to be a dick I'm actually wondering because I can't find it

Closest you're going to find is in the Fireworks statute. NYS Penal Law 270.00 (5):
"Notwithstanding the provisions of subdivision four of this section,
it shall be unlawful for any dealer in firearms to sell any ammunition
designed exclusively for use in a pistol or revolver to any person, not
authorized to possess a pistol or revolver. The violation of this
section shall constitute a class B misdemeanor"

The legal liability isn't on the buyer, but rather on the seller.
Note that I'm not debating the statute itself. Some courts may utilize a strict interpretation of the statute, which would make it virtually impossible to enforce. Some courts may utilize the legislative intent, which would put the retailer in a world of hurt.

togmaster · Nov 6, 2020

Edwardteach72 said:
Can you show me what part of the penal code makes it illegal to buy handgun ammo or posses handgun ammo without a handgun license?

I'm not trying to be a dick I'm actually wondering because I can't find it

There is none that I am aware of but that's irrelevant to dismissing the case based on the fact 45 can be used in a rifle.

Edwardteach72 · Nov 6, 2020

togmaster said:
There is none but that's irrelevant to dismissing the case based on the fact 45 can be used in a rifle.

It is relevant as the lawsuit is saying that he could not legally purchase or own handgun ammo

tirwin1 · Nov 6, 2020

Edwardteach72 said:
It is relevant as the lawsuit is saying that he could not legally purchase or own handgun ammo

But .45 acp is not exclusively for pistols. So it should not matter what cabela's marketing stated. Cabela's has an inept lawyer, the judge is a biased asshole or both.

Edwardteach72 · Nov 6, 2020

tirwin1 said:
But .45 acp is not exclusively for pistols. So it should not matter what cabela's marketing stated. Cabela's has an inept lawyer, the judge is a biased asshole or both.

Did I say it was? Or that it should matter?

tirwin1 · Nov 6, 2020

You said it was relevant, no?

Edwardteach72 · Nov 6, 2020

tirwin1 said:
You said it was relevant, no?

If there is something in the penal code saying that they can't sell to someone who can't buy handgun ammo.. yea it would be fucking relevant

spat · Nov 6, 2020

Edwardteach72 said:
If there is something in the penal code saying that they can't sell to someone who can't buy handgun ammo.. yea it would be fucking relevant

There isn't.

The penal code doesn’t care if you call it handgun ammo, rifle ammo, or freedom seeds.

The penal code says "exclusively for use in a pistol". So the fact that there are rifles that use it makes the whole statute inapplicable.

tirwin1 · Nov 6, 2020

spat said:
There isn't.

The penal code doesn’t care if you call it handgun ammo, rifle ammo, or freedom seeds.

The penal code says "exclusively for use in a pistol". So the fact that there are rifles that use it makes the whole statute inapplicable.

Exactly. It's not relevant because the statute requires two things:

1) Selling ammunition exclusively for a pistol
2) Selling to an underage person

Since .45 acp is not exclusive to pistols then this case should not have continued.

Xae289 · Nov 6, 2020

Let's play a game. Name a chambering you can think of for which a handgun is chambered and no rifle (that you know of) is chambered.

I'll start: .25 ACP

Tisto · Nov 6, 2020

Xae289 said:
Let's play a game. Name a chambering you can think of for which a handgun is chambered and no rifle (that you know of) is chambered.

I'll start: .25 ACP

.32 auto
.32 S&W long
.32 H&R magnum
.327 Federal magnum
.380 auto
.38 auto
.38 super auto
.357 sig
.41 AE
.44 Automag
.50 AE
.500 S&W magnum

I'm sure there are dozens more, but I think your point is that almost all COMMON and POPULAR chamberings are offered in rifle configurations.

Cabela's ruling a warning shot against gun rights myopia

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