Victory for Business Defended by Cord Byrd, Court Dismisses One Count of Brady “Bad Apple” Lawsuit

Cord Byrd and co-counsel Noel Flasterstein are defending a small business and licensed gun dealer against a lawsuit filed by the Brady Campaign. The Brady Campaign, by it’s own admission, is trying to put gun retailers out of business by bankrupting them through litigation. The Brady Campaign to put gun dealers out of business impacts everyone who cares about gun rights because it limits the choices you have to buy guns.

In this case, a person legally purchased a firearm after going through the government background check. That person then gave the gun to a criminal who used the gun to commit two murders. To the Brady Campaign the criminal who committed the murder is not to blame. In their opinion the person responsible is the “evil” gun store owner who should have read the mind of the person who legally bought the gun who then gave it to someone else who then used it to kill two innocent people.

On February 23rd the Judge in the case heard argument on Cord’s Motion to Dismiss the lawsuit. The Brady Campaign’s lawsuit contains six different theories of wrongdoing by the business owner. The Court agreed with Cord that two of the six counts were not stated with enough facts to support the claims and also agreed that a third count should be dismissed outright. Despite the Judge giving the Brady Campaign the opportunity to refile the dismissed count, in it’s Amended Complaint, Brady dropped the count altogether apparently realizing that no amount of “massaging” the facts would make the count legally viable.

This is a small but meaningful victory against the Brady bullies. It is one less allegation that our client has to defend against and one more victory for the gun rights of all Americans.