The Brady Campaign to
Prevent Gun Violence Destroy Freedom got its rear end handed to it in court the other day. Brady took the website Armslist.com to court in an attempt to hold the gun classifieds site liable for crimes that might, theoretically, be committed with the guns purchased through their website.
They tried to hold the gun industry liable via government force, and that didn’t work out so well, so now they’re trying to sue us out of existence. Well… that didn’t happen.
To prevail on a claim of negligence under Illinois law, a plaintiff must “prove the existence of a duty of care owed by the defendant to the plaintiff, a breach of that duty, and an injury proximately caused by that breach.” Buechel v.United States, (citing Thompson v. Gordon, (Ill. 2011)). The district court found that the first element, the existence of a duty of care, was lacking.
Armslist does not sell guns. It allows people to post classified ads, and therefore, holding them responsible for any violent act committed with a gun that was sold through their website is something akin to holding Craigslist responsible for a car crash caused by a drunk driver who bought a car through their site.
But what do you expect from the desperate gun grabbers at the Brady Center?