NEGLIGENT ENTRUSTMENT ?

It’s Friday and time for our weekly shoot-the-shit topic. As you know, the Clinton Campaign is actively encouraging civil suits against the ammunition and firearm industry for misuse or unauthorized use of their products. The poster child, and I use that analogy with the greatest respect, is the Newtown killings by Adam Lanza on 14 December 2012 at Sandy Hook Elementary School. This national tragedy sparked an outcry for more stringent gun control and even before local police and the State Attorney’s office could conduct an investigation, an angry and misinformed public demanded the heads of the gun manufacturer, distributor and retailer who sold Adam Lanza the firearms. That justifiable anger played into the hands of those whose sole interest is in advancing the gun control argument by politicizing the tragic event.

It was not until 25 November 2013, when the Connecticut State Attorney released “Report of the State’s Attorney for the Judicial District of Danbury on the Shootings at Sandy Hook Elementary School and36 Yogananda Street,Newtown, Connecticut on December 14, 2012 that it became clear that all of the firearms used in the killings by Adam Lanza were legally purchased by Mrs. Lanza, Adams mother, and not Mr. Lanza. The following is an excerpt from the report that you can read in its entirety here

The following weapons were recovered in the course of this investigation: (1) a Bushmaster Model XM15-E2S semi-automatic rifle, found in the same classroom as the shooter’s body. All of the 5.56 mm shell casings from the school that were tested were found to have been fired from this rifle. (2) a Glock 20, 10 mm semi-automatic pistol found near the shooter’s body and determined to have been the source of the self-inflicted gunshot wound by which he took his own life. (3) a Sig Sauer P226, 9 mm semi-automatic pistol found on the shooter’s person. There is no evidence this weapon had been fired. (4) a Izhmash Saiga-12, 12 gauge semi-automatic shotgun found in the shooter’s car in the parking lot outside the school, and which was secured in the vehicle’s trunk by police responding to the scene. There is no evidence this weapon had been fired. (5) a Savage Mark II rifle found at 36 Yogananda Street on the floor of the master bedroom near the bed where the body of the shooter’s mother was found. This rifle also was found to have fired the four bullets recovered during the autopsy of the shooter’s mother.

All of the firearms were legally purchased by the shooter’s mother. Additionally, ammunition of the types found had been purchased by the mother in the past, and there is no evidence that the ammunition was purchased by anyone else, including the shooter.

Confronted by this reality, the movement’s attention turned towards the Remington Group, Camfour Inc., and Riverview Gun Sales, the named Defendants in a law suite that alleged “negligent entrustment” The Defendants asked the court for a dismissal under the Protection of Lawful Commerce in Arms Act (PLCAA), which protects gun makers from civil lawsuits, such as those brought by victims of gun crimes. Yesterday, the motion was denied by Judge Barbara Bellis of the Connecticut Superior Court paving the way for the trial to continue. If the plaintiffs prevail all firearm and ammunition manufacturers are at risk from meritless law suites.

The facts in this case suggest to us that Mrs. Lanza’s failure to secure her personal firearms resulted in her demise and that of the Sandy Hook children; if negligent entrustment applies in principal and concept it should fall on Mrs. Lanza not the Defendants.

So, just how difficult is it to secure your firearm and render it unusable by your kids? Unfortunately there is a large segment of the population lacking an understanding that all firearms can easily be rendered safe, even if loaded. To promote that understanding, we put together a short unscripted video that’s over miked and under lit demonstrating the process. It’s not difficult you simply need to be a conscientious and responsible gun owner parent.

Have a safe weekend everyone. Get out with your buds and family; maybe a little range time is in order. We love hearing from you and remember that all shoot-the-shit rules apply!