We Lost Our Daughter to a Mass Shooter and Now Owe $203,000 to His Ammo Dealer
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We brought our lawsuit because we thought it was outrageous that companies could sell a dangerous man an arsenal without getting any information about him, and without making any effort to see if he was a dangerous killer -- which he was. When the killer had left a voicemail with a shooting range, the range operator knew that he was bad news and shouldn't be given access to guns. But these companies set up their business so people just like this killer can arm themselves at the click of a mouse. We wanted to change that. And we still do.
Attorneys at Arnold and Porter and the Brady Center to Prevent Gun Violence brought the lawsuit for us, pro bono. We knew the risks of bringing the case. We knew that Colorado and Congress have given special protection of the gun industry, and we knew that under Colorado law we could even be ordered to pay attorneys' fees because of those special protections.
But we thought it was important to take a stand, to fight to prevent other families from suffering as we have. We did not seek any money in our case. We just wanted injunctive relief -- to have these companies act reasonably when they sold dangerous materiel, like 100-round ammunition magazines, ammunition, body armor, and tear gas.
The judge dismissed our case because, he said, these online sellers had special immunity from the general duty to use reasonable care under the federal Protection of Lawful Commerce in Arms Act and a Colorado immunity law. If you couple the PLCAA law with Colorado's law HB 000-208, (which says in essence: If you bring a civil case against a gun or ammunition seller and the case is dismissed then the plaintiff must pay all the defendant's costs), you have an impenetrable barrier to using the judicial system to effect change in gun legislation in Colorado.
Everyone else in society has a duty to use reasonable care to not injure others -- except gun and ammunition sellers.
To make matters worse, the judge ordered that we pay $203,000. This is an outrageous amount, especially given that this case was decided after one single motion! Lucky Gunner has said that it is going to donate all these fees to "gun rights" groups. The thought is disgusting to us that Lucky Gunner does not even plan to use this money to pay for their attorney's fees.
Lucky Gunner wants to use blood money to fund the NRA and like-minded groups. See for yourself. Check out Lucky Gunner's self-serving description of our case then click on "Head Here" (the green words at the end of Lucky Gunner's last sentence) to find out how the money is to be distributed.
The law says we are responsible for these fees, which we recognize. We do not have the money to pay this amount. The Judge insinuated in his order that Brady should pay since he said they were the instigators. If this was a ploy designed to give the appearance that Brady was responsible and turn us against each other, it did not work.
Brady is still fighting for us pro bono and we see no evidence that the Brady Campaign to Prevent Gun Violence will not help us raise funds if and when that time comes.
We believe that the judge's decision was wrong, and that it is unconstitutional to financially punish people for bringing a lawsuit, especially a public interest case that did not seek a dime. But rather than risk possibly being ordered to pay even more fees, we are changing our focus from going after these laws in the judicial branch (we have dropped our appeal) to getting them overturned on the legislative level.
We have brought attorney Dan Wartell with the law firm Jones & Keller into our team who is also helping us.
We hope that we are spearheading a movement to expose these egregious and unconstitutional laws for what they really are. They are an attack on our civil liberties. With these laws in place ordinary citizens are effectively barred by the exorbitant cost from bringing any civil action against sellers of firearms and ammunition.
It is un-American and outrageous that these special laws can deny us our day in court simply because we were victimized by the gun industry. Our lawsuit was not frivolous. Our Jessi was shot multiple times with high-velocity, armor-piercing bullets that were designed by our military to inflict maximum damage on enemy combatants.
One of the six, steel-jacketed bullets that killed her slammed through a theater seat, entered her left eye and left a five-inch hole in her face as it blew her brains out on to the theater floor. The other five specially designed bullets tumbled when they tore through her flesh and did devastating damage to both legs, arms and intestines.
Those bullets were six of 4,000 that Lucky Gunner sold to a mass murderer in one sale without even checking his driver's license.
Why is there a law that says you cannot sue an ammunitions dealer that allowed 4,000 rounds of armor-piercing bullets into the wrong hands?
How else are we as citizens going to get them to stop doing that?
No other industry has this immunity.
The horrific and public execution of our daughter Jessi and 11 other beautiful young lives has given us a brief window of opportunity to bring awareness to the number one public health crisis facing this nation today which is rampant gun violence. It is unfathomable to me that the billion dollar gun lobby can intimidate our Congress and some state legislatures into passing laws that give the gun industry immunity against irresponsible acts that enables them to arm, and profit from, domestic terrorists, and other killers.
It is abhorrent to us as the parents of a child who has been killed by a person with outwardly obvious mental issues who was able to easily access a one hundred round magazine and 4,000 rounds of armor-piercing bullets online without a valid ID.
Who is our last line of defense that makes that conscious decision to not ask for ID before selling large orders of lethal, military-grade armament? Online sellers, knowing they are shielded by immunity laws, refuse to put into place even minimal safeguards that would save lives. That is abhorrent to us.
One of the ways that we can level the playing field is to create precedents in our court rooms that make gun and ammunition dealers pay a price for conduct that contributes to gun violence. Another way is to lobby our state and federal legislators to repeal these laws. That is our objective.
We are calling on the citizens of this country and the gun violence prevention community to stand ready to help us get in the face of state and national legislators. Join us in helping to get the word out to the American citizens who are not aware of how these laws take away the rights of victims of gun violence.
http://www.huffingtonpost.com/lonnie-and-sandy-phillips/lucky-gunner-lawsuit_b_8197804.html
15 fall maintenance tasks every homeowner should tackle now
With fall in the air, your thoughts may turn to what needs to be done to your home before winter sets in. Many tasks are done much more easily when the weather is still nice. Plus, taking care of routine maintenance tasks now can save you aggravation and money down the road.
“If you don’t do these things and you end up having to do repairs, it can cost so much more later,” says Leah Ingram, cost advisor for HomeAdvisor.com and a frugal living expert who publishes the site SuddenlyFrugal.com.
She recalls that one year she didn’t have leaves removed from the roof of her New Jersey home, which would have cost about $300 for a professional crew to complete the job. The result was an ice dam that caused $3,000 in damage from water leaks inside the house.
Many fall maintenance routines are designed to prevent water damage and guard homeowners from safety hazards, especially from fires. “Water is a homeowner’s worst enemy,” Ingram says. “People don’t think about the kind of damage it can do.”
While homeowners can do some routine tasks themselves, others such as inspecting chimneys and repairing roofs, are best left to professionals. HomeAdvisor, which matches homeowners with contractors, publishes a True Cost Guide of how much homeowners pay for various jobs. As cold weather approaches, it may get harder to get appointments, and you may also be less inclined to go outside and work, making it crucial to plan ahead and knock out projects in fall.
“The fall is a really busy time usually for homeowners,” Reagan says. “It’s when we start preparing for winter. … When it’s really cold and wet outside, you don’t want to do those things you need to do.”
Even if you live in an area where snow and ice aren’t likely, fall is still a good time to catch up with routine maintenance. Water and falling branches can cause equally expensive damage in the tropics as it does in the snowbelt.
Here are 15 fall home maintenance tasks to tackle now:
Clean gutters and downspouts. Leaves and debris gather in gutters, which can cause ice dams and other water damage when snow falls and then melts, or during rainstorms. This is an easy task to do yourself if you can climb a ladder safely.
Remove leaves. Not only do you want the leaves out of your gutters, you want them off your roof and off your lawn. Despite what some may believe, letting leaves decay on your lawn does not provide fertilizer. “It’s actually helping fungus and mold build up, which can kill your lawn,” Ingram says.
Repair any damage to your roof. “Anywhere you had shingle damage, that needs to be fixed and replaced,” says J.B. Sassano, president of Mr. Handyman, which franchises handyman services nationwide. If water can get under your shingles, it can get into your home and cause damage.
Clean your chimney. Have a chimney sweep come in every year to check your fireplace for safety and clean out the remains of last year’s fires. “If you use your fireplace regularly with wood, you’ve got to get that soot out of there,” Ingram says. You also want to make sure that the cover to your chimney is intact and that birds or other critters haven’t chosen to move in, Sassano says.
Check smoke detectors and carbon monoxide detectors. It’s smart to test the devices and replace the batteries every six months, making this a chore for fall and spring. Also, make sure you have enough fire extinguishers and that they are in the right place.
Change filters in heating and air conditioning units. Most forced-air systems work better when the filters are clean. While some filters are advertised to last several months, people with pets or old houses with a lot of dust should change filters monthly.
Caulk around the windows. Cold air can easily enter your house around windows. Caulking wears out after a few years. This is a chore many homeowners can do themselves for less than $20.
Repair, add or replace weatherstripping. Good weatherstripping on exterior doors can save energy and help you feel more comfortable in winter. If you can see light from the outside coming in around your doors, it’s time for repairs.
Wrap exposed pipes. Pipes in exterior walls or outside can easily freeze during the winter, and wrapping them makes that less likely. “There’s nothing more costly than having a pipe burst in your house,” Sassano says.
Shut down and drain sprinkler systems. You also want to turn off and drain exterior spigots, plus drain and bring in hoses.
Aerate your lawn. By using a machine to poke holes in your lawn, you help air and water get to the roots. This is best done when the lawn is wet. The process helps it grow back next season. “When it snows and the snow start to melt, the aerated areas help the water get to the root system of your lawn,” Ingram says.
Trim trees. Proper trimming keeps trees healthy, and you should hire someone for the job who knows what he or she is doing. In cold climates, you want to keep weak branches that may become weighed down with snow from falling on your house or car. In warmer climates, you want to avoid wind damage.
Change the direction of ceiling fans. Fans are set to run counterclockwise in summer, which creates a cool breeze under the fan. But they should run clockwise in winter. “Heat tends to rise, and you don’t want to waste it up at the ceiling level,” Sassano says. “You want to bring it back down to where the people are.”
Inventory your snow equipment. Make sure your shovels are in good repair, your snow blower is tuned up and you have sand and salt on hand. “It’s really just easier to get them now before the stores sell out,” Reagan says.
Clean and put away your summer equipment. Now that the warm weather is gone, there’s no need for your lawn furniture, barbecue grill and water toys. “It just makes your springtime so much easier,” Reagan says.
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