Posted April 20, 2018 7:30 am by Comments

By Christen Smith

Zina Daniel Haughton was killed by her estranged husband with a gun he bought through ArmsList. (Photo: Journal Sentinel)
A Wisconsin appeals panel reversed a lower court decision this week dismissing a 2015 lawsuit against Armslist, instead allowing for the case to proceed.
In the 24-page ruling issued Thursday, Judge Brian Blanchard said the federal Communications Decency Act doesn’t shield Armslist from liability “arising from its own conduct in facilitating user activity,” agreeing the website’s search functions may have encouraged an illegal gun transfer between a private seller and a prohibited buyer who later used the firearm to murder three people, including his estranged wife.
Milwaukee County Circuit Judge Glenn Yamahiro dismissed the case in 2016, holding Armslist, as a publisher of third party-generated content, can’t be held liable under federal law for the actions its users take.
“In sum, the Act … does not immunize Armslist from claims in the complaint because the claims and the supporting allegations do not seek to hold Armslist liable for publishing another’s information content,” Blanchard wrote. “Instead, the claims seek to hold Armslist liable for its own alleged actions in designing and operating its website in ways that caused injuries to Daniel.”
Yasmeen Daniel filed suit in 2015

Source: Guns.com

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