Brady Campaign Lawsuit Against Ammo Company Thrown Out

Greta Ceresini -

A months long lawsuit filed by the Brady Center to Prevent Gun Violence against Lucky Gunner and other firearms businesses who sold ammunition and other supplies to the Aurora theater gunman was thrown out in late March.

James Holmes, dubbed the Aurora shooter, opened fire on citizens during a viewing of The Dark Knight Rises in July, 2012.

A lawsuit filed last September by the Brady Center to Prevent Gun Violence (also known as the “Brady Campaign”) on behalf of Sandy and Lonnie Phillips – the family of one of Holmes’ alleged victims – was thrown out in late March. Senior District Judge Richard Matsch threw out the lawsuit and held that the defendants “are entitled to an award of reasonable attorney fees and costs.”

Though the amount that is now owed by the Brady Campaign has not been announced – likely due to the number of defendants – two of the largest companies targeted by the lawsuit, Lucky Gunner and Sportsman Guide, paid roughly $225,000 for their defense.

While we here at NoozSaurus recognize the loss felt by the victim’s families, we are glad that this months long witch hunt has finally come to an end. As reported, Judge Matsch left nothing open to discussion with his opinion:

Holmes meticulously prepared for his crime, arriving at the theater equipped with multiple firearms, ammunition, and other gear allegedly purchased from several distinct business entities operating both online and through brick and mortar locations. Neither the web nor the face-to-face sales of ammunition and other products to Holmes can plausibly constitute a substantial factor causing the deaths and injuries in this theater shooting.

This lawsuit is yet another failure in a long string of lawsuits filed by anti-gun groups against firearms companies, seeking to damage their businesses and reputations. A few lawsuits have seen some success on the state level, only to thrown out by the US Circuit Court of Appeals.

An ongoing lawsuit against the firearms company, Bushmaster (owned by Freedom Group), in response to the tragic Newtown, CT school shooting was elevated to the Federal level back in January. In April, the plaintiffs filed a motion to return the case to a state court, likely in hopes that a progressive judge would rule in their favor.

Though this delay tactic might have worked if the defendant(s) were a smaller company, Freedom Group is a large player in the firearms business and shows no signs of backing down. It is expected that at least some of the defendants will to file a Motion to Dismiss based upon the PLCAA for failure to state a claim.


2 Comments on "Brady Campaign Lawsuit Against Ammo Company Thrown Out"

  1. Its no bodies fault except the shooters and the failure of his parents and peers to realize or pick up on cues or calls for help . the stores are supposed to supply an demand they specialize in … I need a private dealer but not for a reason such as this , its only for personal defense my reason .

  2. Avatar Olin Patterson | April 27, 2015 at 4:33 am |

    It is tragic when a deranged person kills innocent people especially when the victims are innocent little children. But to compound the tragedy by blaming innocent businesses and manufacturers would obscure the real tragedy which is the failure of society to address the problem of letting mentally defective individuals loose on society in the first place.

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