Market capitalism is the best thing that ever happened to the common man. The rich have always had access to entertainment, often in the comfort of their palaces and mansions. The rich have never had to experience the drudgery of having to beat out carpets, iron their clothing or slave over a hot stove all day in order to have a decent dinner.

They could afford to hire people. Capitalism’s mass production and marketing have made radios and televisions, vacuum cleaners, wash-and-wear clothing and microwave ovens available and well within the means of the common man; thus, sparing him of the boredom and drudgery of the past. Today, the common man has the power to enjoy much (and more) of what only the rich could afford yesteryear.
-Walter Williams

Kansas Supreme Court affirms product liability immunity of gun maker, seller in civil suit

Case centers on wounding of ESU football player in mishandling of Beretta

TOPEKA — The Kansas Supreme Court agreed Friday with a district court decision tossing a lawsuit filed by a former Emporia State University football player shot by a teammate who mistakenly believed that disassembling his newly purchased handgun required pulling the trigger.

In 2018, Andre Lewis bought a Beretta APX 9mm handgun at Bass Pro Outdoor World in Olathe. While idling his Dodge Charger at a downtown Emporia stoplight several months later, Lewis decided to show his front-seat passenger, Marquise Johnson, that he knew how to take the gun apart. Court records show Lewis was convinced the gun wouldn’t fire with the magazine removed and that the trigger had to be pulled before disassembly the weapon.

Lewis was wrong on both counts, and the bullet that had been in the chamber struck Johnson in his left leg. The wound resulted in amputation of the limb below the knee.

Johnson’s attorneys filed a product liability lawsuit against gun manufacturer Beretta and retailer Bass Pro Shops. The suit alleged Bass Pro sold and Beretta manufactured a defective and unreasonably dangerous handgun.

“Unintentional shootings like Marquise Johnson’s are preventable,” said plaintiff’s attorney Jonathan Lowy. “Like any other product, guns can and should be made as safe as possible to make injuries less likely.”

The District Court in Lyons County granted summary judgment in favor of the firearm maker and seller based on a reading of the federal Protection of Lawful Commerce in Arms Act. The PLCAA forbids lawsuits against manufacturers or sellers when a person criminally or unlawfully misused a firearm. This federal immunity designed to shield the gun industry wouldn’t hold if the gun was used as intended or in a reasonable way.

The case attracted an amicus brief from Everytown for Gun Safety Support Fund that argued the immunity law applied only if the “volitional act, apart from the discharge, constitutes a criminal offense.”

In a split decision, the Kansas Court of Appeals reversed the district court and determined the federal statute didn’t offer immunity to defendants in this case because Lewis didn’t intend to discharge the gun.

In an appeal to the Kansas Supreme Court, however, the firearm manufacturer and dealer argued the Court of Appeals came to the wrong conclusion about application of the federal law and that liability immunity existed because Lewis deliberately pulled the trigger. The state Supreme court found that argument persuasive.

“We hold that firearm sellers’ interpretation is a better reasoned and more accurately reflects Congress’ intent as reflected in the text of the PLCAA,” said Supreme Court Justice K.J. Wall.

Wall, an appointee of Democratic Gov. Laura Kelly, said factual disputes about whether Lewis’ actions made him culpable for a criminal offense would typically be resolved by a jury. However, the justice said, it was a violation of state law for Lewis to discharge the gun on a public road.

“Under the unique facts of this case,” Walls wrote, “any dispute about Lewis’ mental state cannot save Johnson’s lawsuit from the PLCAA’s immunity provision.”

He said the Court of Appeals erred by reversing District Court Judge Merlin Wheeler’s decision to grant summary judgement against Johnson.

The court record indicated Lewis purchased the Beretta after reviewing Bass Pro Shop’s “10 commandments of safe gun handling,” which included a rule about keeping the muzzle pointed in a safe direction. Apparently, Lewis reviewed the rules before signing a form to acknowledge he had read them.

The Beretta was accompanied by a user manual that explained the gun could fire even after a magazine had been removed. In addition, the booklet stated the gun’s striker-deactivation button allowed users to disassemble the gun without pulling the trigger.

The Beretta APX had a warning stamped on the gun frame that was on point in the case: “FIRES WITHOUT MAGAZINE.”

Homeowner shoots intruder attempting to break into Henry County home

HENRY COUNTY, Ind. (WISH) – An intruder was critically injured after being shot by a homeowner during an attempted break-in early Friday morning in southeast Henry County, according to Henry County Sheriff John Sproles.

At 1:45 a.m. Friday, Henry County deputies responded to a residence after a homeowner called 911 and reported someone was trying to break into his home. The homeowner had heard his dog barking and a voice outside.

When deputies arrived, they found a man lying on the front porch with a gunshot wound to the face.

Sproles said the intruder had broken two front windows and was reaching inside the home, attempting to pull the blinds down when the homeowner fired one shot from a 45-caliber handgun.

The intruder was airlifted to a hospital in Indianapolis, where he underwent surgery. He was listed in critical but stable condition.

Authorities have not released the intruder’s identity, but confirmed he’s had 135 prior interactions with law enforcement in Henry County, most of which were related to mental health issues.

Sproles said the case appears to be an isolated incident and there is no ongoing threat to the public. There was not a motive for the break-in.

The homeowner, who was home with his wife and three-year-old child at the time, is cooperating with the investigation.

“This incident highlights the dire crisis we are facing with inadequate resources to house people with mental illness,” Sproles said.

Sproles said his deputies had “just completed an all week Crisis intervention training here with approximately 20 law-enforcement officers from our county, including the New Castle police department, members of the State Police, and the Middletown and Knightstown police departments.”

The investigation is ongoing.

Man shot, killed while trying to carjack vehicle in Stone Mountain area

DEKALB COUNTY, Ga. — A man was shot and killed on North Hairston Road Friday night, according to DeKalb County Police.

Just after 6 p.m., officers responded to the scene near Sister 2 Sister Cafe Halal. Once there, they said they found a man who had been shot and who later died from his injuries.

After further investigation, officers said they determined the victim was trying to carjack someone else’s car and was shot during the crime.

At this time, the victim’s identity has not been released. Police have also provided no information as to whether the shooter will face charges.

“Violent crime is a solved problem – all they have to do is repeal the laws that keep those intelligent, capable, and responsible men and women from arming themselves, and violent crime evaporates like dry ice on a hot summer day.”
— L. Neil Smith