This could be bad for all US gun owners, at some point we may need to rally the troupes to let our representatives & Senators in Washington know THIS IS INFRINGEMENT!

BTW: I searched and didn't see where anyone had mentioned ths

https://www.youtube.com/watch?...wmFubs&feature=share

gist?

quote:

Originally posted by konata88:
gist?

Article from local news source

Cabela's sold a 19yo some .45acp rounds and that kid accidentally shot and killed his friend.

The victim's family is suing Cabela's for selling the ammo.

The case hinges on whether the .45acp ammo is for a pistol or rifle, as the law denies selling pistol ammo to anyone under 21, Cabela's defense is that they ask if it is for a pistol or rifle, as there are .45acp carbines out there.

Is the guy in the video an attorney?

My quick recap of the info in the video-
Cabelas sold .45 ammo to someone under 21. Selling handgun ammo to someone under 21 is against the law in that state. The person that purchased the ammo was involved in an accident where someone was shot killed.

Cabelas' position is there are rifles that shoot .45 ACP. According to the video, judge ruled that based on evidence, any rifle that shoots .45 would not be legal in the state (NY??) therefore Cabelas should have assumed the only use was for handgun. Thus, she did not dismiss the case.

I'm not an attorney but it seems a stretch that big box stores will stop selling ammo as a result of this case. It is not a stretch to say that big box stores will assume ammo like 9mm, 40 S&W, .45ACP will be treated as handgun ammo (and ignore the fact there are pistol caliber carbines). That would prevent folks that are under 21 from purchasing that ammo.

Anybody have a link to the case and/or ruling so we can read this for ourselves?

In this day and age anybody can sue anybody. That does not mean that it is right. And it does not mean that they will win and collect. And in some cases the plantiff can be counter sued by the defindant. .............................. drill sgt.

Couldn't that extend to .223 and .556 since you can buy pistol models for those as well...

Without doing any research on the subject, I always assumed that 9mm, .40, .45, etc., could not be sold to someone under 21. Although there are rifles that shoot that ammo, we do generally refer to those as “pistol caliber carbines”, for example. I think that makes it hard to argue that they’re not a pistol caliber. But, it all depends on the exact wording of relevant law.

Was a pistol or rifle involved? Did the buyer state it was for a rifle at the time of purchase, and is that allowed as a defining statement?

This won’t stop ammo sales, but may make retailers tighten up their policies.

quote:

Originally posted by Gibb:

quote:

Originally posted by konata88:
gist?

Article from local news source

Cabela's sold a 19yo some .45acp rounds and that kid accidentally shot and killed his friend.

The victim's family is suing Cabela's for selling the ammo.

The case hinges on whether the .45acp ammo is for a pistol or rifle, as the law denies selling pistol ammo to anyone under 21, Cabela's defense is that they ask if it is for a pistol or rifle, as there are .45acp carbines out there.

According to the guy in the video, a 45acp PCC is not legal in New York, so teh family contends there is no legal way that Cabelas could have sold the 19 year old kid the ammo, so they were negligent.

quote:

Originally posted by honestlou:
Without doing any research on the subject, I always assumed that 9mm, .40, .45, etc., could not be sold to someone under 21. Although there are rifles that shoot that ammo, we do generally refer to those as “pistol caliber carbines”, for example. I think that makes it hard to argue that they’re not a pistol caliber. But, it all depends on the exact wording of relevant law.

Was a pistol or rifle involved? Did the buyer state it was for a rifle at the time of purchase, and is that allowed as a defining statement?

This won’t stop ammo sales, but may make retailers tighten up their policies.

Walmart has taken all pistol and "assault weapon" ammo off the shelves. If cases like this get pushed through and cost retailers how long before they stop selling all ammo out of fear? That's another point the guy in the video is making.

When I purchased ammo at Walmart, when the asked if it was for a pistol or rifle, I would answer “submachine gun”. I would always watch the clerks hair catch fire.

Yet one more example of poorly conceived poorly written ambiguous legislation written by a bunch of jack ass legislators hell bent on regulating something they know nothing about...all for the sake of giving the appearance of "doing something"...which leads to questionable transactions and, eventually, some will end up in court.

Given their recent cowardice and policies based on Political Correctness, I'm no fan of Walmart, but how is any business supposed to interpret the patchwork quilt of stupid laws in which they are supposed to form store policies and then train largely ignorant employees... who then are expected to implement them?

quote:

Originally posted by kimberkid:

quote:

Originally posted by Gibb:

quote:

Originally posted by konata88:
gist?

Article from local news source

Cabela's sold a 19yo some .45acp rounds and that kid accidentally shot and killed his friend.

The victim's family is suing Cabela's for selling the ammo.

The case hinges on whether the .45acp ammo is for a pistol or rifle, as the law denies selling pistol ammo to anyone under 21, Cabela's defense is that they ask if it is for a pistol or rifle, as there are .45acp carbines out there.

According to the guy in the video, a 45acp PCC is not legal in New York, so teh family contends there is no legal way that Cabelas could have sold the 19 year old kid the ammo, so they were negligent.

The family suing are looking for a quick payday, and of course we know NY courts are stocked with retarded gun hating judges. The kid who 'allegedly' bought the ammo, did not own the gun used to kill the kid. Under NY law, the kid who did the shooting was not legal to be in possession of the pistol in the first place. So I guess if some retarded judge buys into this, I can sue Mobil Petro for the fuel in the car stolen by an unlicensed minor and used to kill a relative. An episode of the Twilight Zone has nothing on today's perverted reality.

quote:

Originally posted by Modern Day Savage:
Yet one more example of poorly conceived poorly written ambiguous legislation written by a bunch of jack ass legislators hell bent on regulating something they know nothing about...all for the sake of giving the appearance of "doing something"...which leads to questionable transactions and, eventually, some will end up in court.

Given their recent cowardice and policies based on Political Correctness, I'm no fan of Walmart, but how is any business supposed to interpret the patchwork quilt of stupid laws in which they are supposed to form store policies and then train largely ignorant employees... who then are expected to implement them?

Totally agree.

I imagine more places will not sell any ammo to anyone under 21 to cover their ass. If that’s even legal.

Yet again, no personal accountability or responsibility. Everything is always someone else’s fault. Everybody gets a trophy, nobody takes the blame.

There are actually multiple 45 acp cal rifles legal in NY ( hate to admit it but lived there until 4 years ago.
Producing an example of the marlin camp carbine in 45 acp should put this case to rest.

quote:

Originally posted by captain127:
There are actually multiple 45 acp cal rifles legal in NY ( hate to admit it but lived there until 4 years ago.
Producing an example of the marlin camp carbine in 45 acp should put this case to rest.

I had a MCC in 45 acp, but not familiar with the laws in NY ...
... Thanks for chiming in!

Not to mention, are they saying the store should have asked not only if they ammo was for a pistol or rifle, but also where he was planning on shooting it? They are assuming that Cabelas KNEW the ammo was to be used in the state.

quote:

Originally posted by konata88:
Yet again, no personal accountability or responsibility. Everything is always someone else’s fault. Everybody gets a trophy, nobody takes the blame.

Today’s winner!!!!

quote:

Originally posted by captain127:
There are actually multiple 45 acp cal rifles legal in NY ( hate to admit it but lived there until 4 years ago.
Producing an example of the marlin camp carbine in 45 acp should put this case to rest.

Still live in NY and you are correct. Win 1894 conversion, AR45 featureless, other custom.

so my Trapper model 45 ACP Winchester Lever action is illegal????