In April Breitbart News reported the Senior District Judge Richard Matsch threw out a lawsuit filed by the Brady Campaign to Prevent Gun Violence on behalf of the parents of Aurora shooting suspect James Holmes. The suit, filed against online ammo retailer Lucky Gunner and other outlets, sought monetary relief for ammunition and firearms supplies purchased by Holmes.
On June 26, NRA-ILA reported that Judge Matsch has now released his opinion in which he reprimands the Brady Campaign for bringing the suit — which is clearly barred by the Protection of Lawful Commerce in Arms Act (PLCAA), signed into law by President George W. Bush in 2005. NRA-ILA explained that this act “was meant to protect the firearm industry from a coordinated campaign of anti-gun lawsuits claiming gun manufacturers and dealers were responsible for the criminal acts of third parties who were unknown to them and totally beyond their control,” and it did just that in the case brought against Lucky Gunner by the Brady Campaign.
In the opinion, Matsch took time to point out what he saw as the political underpinnings of the Brady Campaign’s suit:
It is apparent that this case was filed to pursue the political purposes of the Brady Center, and, given the failure to present any cognizable legal claim, bringing these defendants into the Colorado court where the prosecution of James Holmes was proceeding appears to be more of an opportunity to propagandize the public and stigmatize the defendants than to obtain a court order which counsel should have known would be outside the authority of this court.
Matsch’s judgement results in a judgement of $203,001.86 for Lucky Gunner and the other outlets. For its part, Lucky Gunner says every settlement dollar it receives will be donated to gun rights groups to fight for the Second Amendment.
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