ROMNEY WORDSWORTH – What is the point of being a lawyer when the law is whatever a powerful politician or appointed judge thinks it should be on any given day? What are your rights under the U.S. Constitution? Did you know it gave men the right to use the women’s bathroom two years ago? What new rights will you have two years from now? What rights will you no longer have?
Supposedly, the Constitution is the Supreme Law of the Land. But how many lesser statutes and ordinances today curtail your First Amendment rights of Freedom of Speech? Universities take public funding and are technically acting as an arm of the Department of Education, but these same schools enact “Speech Codes” that are enforced as if they trump the First Amendment. It is supposed to be the other way around.
The Second Amendment says that the right of the people to keep and bear arms “shall not be infringed”. But you cannot keep and bear arms without going through the permitting process of every town and hamlet in the nation, all of which have different rules and requirements, some far more draconian than others.
Why is it that your Second Amendment Rights change in scope and character depending on which State you live in? How is it that I can buy a handgun without a permit in one state, while another may make it nearly impossible to do so no matter what permits I apply for (looking at you, Chicago)? Why is it that in one state I have an automatic right to conceal carry a weapon, but in another I have to get a special permit to do so? How is it that the Supreme Law of the Land can be altered by every municipal authority? I thought the Constitution can only be amended through an Act of Congress, as Ratified by a Majority of the States?
The answer is that we really don’t have a Constitution anymore, and we are no longer a nation of laws. The laws are an ever-changing quicksand composed of whatever arbitrary and capricious impulse our de facto Lords feel like, day to day and sometimes even hour by hour.
Barbara Bellis: Emotional, Agenda Driven, Elevated Housefrau Singlehandedly Undoes the Constitution and The Enlightenment, Putting Americans Back Under the Yoke of Tyranny
So when a certain unaccountable appointed Judge, by the name of Barbara Bellis, decided to deny a motion by Remington to dismiss the lawsuit brought by families of the Sandy Hook mass shooting against it, it was another example of the law not being the law, but rather being whatever it needs to be to advance an anti-gun agenda harbored by a set of litigants and the Judge hearing the case.
It ought to be a no-brainer that the manufacturer of a lawful product, lawfully manufactured and lawfully sold, bears no responsibility for a subsequent criminal who steals said product and commits a crime with it. For one thing, there is no proximate causation accruing to the manufacturer. For a second thing, there is no such law making a manufacturer liable for criminal acts beyond their control.
But none of this matters in Lawless America. In this case, Judge Bellis made up a new “law”, presumably pulling it out of her ass while sitting on the toilet that morning. This new “law” says that a gun manufacturer is liable for civil damages when it makes and sells a military-style weapon “without regard for the unreasonable and egregious risk of physical injury to others”. Huh? There is no such requirement.
The Plaintiffs did the Judge one better, asserting that there ought to be liability where “a gun maker and sellers knew that civilians are unfit to operate the assault rifle and yet continue selling it to civilians disregarding the threat the gun posed.” This standard, which isn’t supported or codified by any State or Federal Law, doesn’t even fit the facts of the Sandy Hook case. Adam Lanza stole his mother’s AR-15, a gun which his mother lawfully purchased and which under Connecticut and Federal laws was legal to make and sell. Since the buyer of the gun never committed a crime with the gun, there can be no showing that “civilians are unfit to operate” the AR-15. At best, the facts can only support a conclusion that a mentally ill adolescent on psychotropic drugs is unfit to operate an AR-15.
Another inconvenient fact is that Adam Lanza left the AR-15 in the trunk of his car, and committed the alleged killing spree with a pair of pistols.
Thus the Motion to Dismiss by Remington Outdoor Co. (Remington Arms) to dismiss a lawsuit based on a theory of liability not supported by any written law, or even a plausible inference of a written law. If anything, Federal Pre-Emption should have been applied, as the manufacture and sale of AR-15’s were explicitly sanctioned by the Federal Government. This is a textbook example of a Frivolous Lawsuit.
But the law no longer matters. The facts no longer matter. Your 2nd Amendment Rights now depend solely on the emotional state and political proclivities of an unelected woman wearing a black robe. We may as well be living under Monarchs and Lords again. What was the American Revolution about, if not to save us from this kind of tyranny?