This lawsuit is insane,
OVERLAND PARK, Kan. — The family of one of the victims of the shooting at the Jewish Community wants to send a message with a lawsuit: Keep guns out of the hands of felons.
Jim LaManno and his children are suing Wal-Mart and a gun dealer, among others, accusing them of negligence.
Wal-Mart employees and a gun seller should not have sold shot guns to a white supremacist and felon — that’s the heart of a lawsuit that claims those guns were then used to murder three victims at Overland Park Jewish Centers.
“Claiming they violated both federal and state statues to prevent a felon from having a firearm. Clearly, Mr. Miller was a felon,” said Lou Accurso of Accurso Law Firm.
The lawsuit filed in Kacson County alleges the gunman, Frazier Glenn Cross, was a convicted felon not legally allowed to purchase guns.
But in October of 2013, the lawsuit claims Cross and a Lawrence County, Mo. man named in the lawsuit bought two shotguns. One was bought at a Springfield gun show from Friendly Firearms, the other at a Lawrence County Wal-Mart.
The lawsuit claims John Reidle acted as a “straw man,” but that Cross actually bought the guns and that workers who sold them should have known that.
According to the lawsuit, “the remarks and behavior of Reidle and Miller were such that Friendly and Friendly’s employees knew, had reason to know, or recklessly failed to know that Reidle and Miller would use a firearm in a manner involving unreasonable risk of harm to others whom Friendly and Friendly’s employees should expect to share in or be endangered by Reidle’s or Miller’s possession of a firearm.”
“It happens more often than we care to admit is the problem. There are laws and procedures that are designed to stop that. In this case, they weren’t followed,” said Accurso.
The guns ended up in Cross’ hands and were later used at the Jewish Community Center and Village Shalom where Cross gunned down Terry LaManno, William Corporon, and Reat Underwood.
“It’s the only way to get justice, through our court system,” Accurso said.
The lawsuit seeks unspecified damages. Even more so, the LaManno family hopes that it sends a strong message.
Accurso said a recent Missouri Supreme Court ruling bolsters the Lamanno family’s lawsuit.
OK, here’s where this lawsuit is wrong.
- Did the white supremacist express his desire to shoot Jews? What were the remarks and behavior? They don’t tell us. But I doubt bad people confess their future crime when buying a gun. “My wife is a cheating ho, what’s the best gun to kill her?” Yeah, not gonna happen.
- Is it a crime to buy a gun for someone else and to lie in the application form? It is. However, how is the gun seller going to know? Do they have a fortune ball? I don’t think so.
- Most hate crimes are committed with baseball bats and fists, so who will you be suing then?
- Lawsuits should never be about sending a message, they should be about JUSTICE. This is an injustice, Friendly Firearms and Walmart did nothing wrong, they operated within the law.
I am sorry for your loss, Jim LaManno, but you are wasting your time. We already have a federal law that protects gun companies and gun sellers from junk lawsuits like yours. Your lawsuit is not going to bring your people back.
You are blaming inanimate objects! Would you sue fertilizer companies if they created a bomb? Gasoline companies if they burned the JCC to the ground?
I know where you’re coming from, I fear white supremacists myself. When I see a German cross on the back of a pickup truck, I give that driver wide berth. I’ve read enough about white supremacists to recognize their 88’s, their runes, their SS lighting slash, etc. I also know red laces in the shoes of a Neo-Nazi means they have already murdered someone.
Yet your solution is a lawsuit? What for? These white supremacists have their own networks, they can get any weapon they want. Some of their members are in prison, and yes, for the sake of making money they will work with Mexicans and whoever. If they need a gun, they can get a gun.
In fact, there are guns being made illegally in The Philippines’ jungle that you can buy in California for $1,000. These weapons are tested before they’re smuggled, and they have fake serial numbers to fool the cops.
So why not be proactive? If Hannibal is at the gates, you don’t ban barbarians, you buy yourself a sword and make a stand. Just buy your own guns, Mr. LaManno, in fact, set up an account on GoFundMe, I’ll contribute if it’s for a good cause.