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Discussion Starter · #1 ·
Just found this on another forum.

This lawsuit is a little nuts, because, try as I might, I can't see an allegation of injury in the pleadings. The plaintiff claims Cabela's is guilty of false advertising, too.

"ST. PAUL (CN) - An attorney claims that a pistol he bought from Cabela's became "fully automatic" at a firing range, "uncontrollably spraying 9mm bullets."

Robert Gardner claims that the outdoor catalogue store has failed to inspect the "aged" Steyr pistol he bought, and sent a dangerous "machine gun."

Gardner says he took the weapon to Steyr Arms, which replaced its trigger bar assembly. Gardner says Cabela's did not tell him it had acquired the gun from an aged inventory. He seeks damages for negligence, consumer fraud and deceptive trade. Gardner, an attorney, filed the complaint pro se in Ramsey County Court."

http://www.courthousenews.com/2009/06/23/Cabelas.pdf

Think he will get the case. Im sure he had a surprise when he squeezd the trigger. Luckky he didn't call the ATF can you say Jailtime? :D

I probaly would have just kept it. ;)
 

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If you're going to sue , you go for the deep pockets. That's why Cableas got sued. I would think he should have a beef against the company that made the pistol. It was made in 2004 and now its broken just because it sat around for 4 years...Get real...I can see if it was a previously shot pistol (used) but I don't see how Cabelas would have any liability for a "new" gun...Do pistols need to have a shelf life date?
 

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As wrong as it is, i would have kept my mouth shut and enjoyed shooting it. Sounds like the attorney hasn't had any cases in a while and his mortgage payment is getting close to due.
 

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As wrong as it is, i would have kept my mouth shut and enjoyed shooting it. Sounds like the attorney hasn't had any cases in a while and his mortgage payment is getting close to due.
Amen, brother. You know what to call 10,000 dead lawyers, right?
 

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Here comes an out of court settlement. How about the lawyer who sued a professional baseball team for discrimination on Mother's Day? Story goes, said ballclub (I forget which team) was giving away hats to a number of mothers through the gate and he filed suit because it could've been used as a fishing hat. If you ever read Rick Reilly's stuff on espn, that's where I read the story. Scroll through his archives - it's pretty ridiculous.
 

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I hope that gets thrown out of court, and the plantiff gets, ahh, never mind. This looks like it could be a good place to start another good old lawyer bashing. I always wondered if lawyers hate each other as much as everybody else hates them?
 

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Does Cabelas buy used guns from people? If they had bought the from an individual and hadn't properly inspected it before reselling it I can see them being liable. Especially if the person before him might have illegally modified it or it was damaged and they put it on the floor.

If it's a new gun that would then be a claim against the manufacture.
 

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Discussion Starter · #9 ·
Who knows I can't stand it I would have just kept my mouth shut went home and put it in the safe for good keeping.

For when the Revolution comes LOL.

to me unless he has witnesses he sent to gun to Steyr to be fixed so he has no evidence.

Them only thing I can think is he some how got a Full Auto TMP9 don't know how didn't pay attention to the selector switch fired it.

Even then Steyr turning it into a Semi Auto makes it Illegal for them.

Steyr Handguns can't be modified for Full Auto I don't think.

To me sounds like he had a super fast trigger pull on a real light trigger pull weight.
 

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So when you get new tires or brakes put on your car and there happens to be a malfunction because someone didn't do there job then someone gets hurt in an auto accident the shop is not at fault? Same scenario. When buying used guns there are specific guidelines that need to be followed. Then a thorough inspection needs to take place by an authorized gunsmith and then "test fired" to make sure it works....sounds like someone didn't look the gun over. This maybe more serious than people think.
 

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So when you get new tires or brakes put on your car and there happens to be a malfunction because someone didn't do there job then someone gets hurt in an auto accident the shop is not at fault? Same scenario. When buying used guns there are specific guidelines that need to be followed. Then a thorough inspection needs to take place by an authorized gunsmith and then "test fired" to make sure it works....sounds like someone didn't look the gun over. This maybe more serious than people think.
I didn't read that it was a "used" gun.:confused:.My understanding it was a "new" gun just "aged" - it had been sitting in inventory for 4 years..If Cabela's fires every gun they sell they would only have used guns to sell.
 

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Point 13 in the lawsuit says (my editing) Cabela's has (and still does) sell thousands of so-called new firearms without inspecting them unlike the used guns purchased through its gun library....So what's the shelf life for a gun? Should all firearms be recalled after 3 three years to be sure they aren't now machine guns?
 

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Discussion Starter · #13 ·
I always break a gun down new or used. Make sure everything is in order. Clean and lube the whole system before firing it.
 

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I didn't read that it was a "used" gun.:confused:.My understanding it was a "new" gun just "aged" - it had been sitting in inventory for 4 years..If Cabela's fires every gun they sell they would only have used guns to sell.
In fact all guns are "used" new or not....they are all fired at the factory prior to shipping....when you buy a handgun you get a spent case from a "test fire" that was done in the factory.

I would assume if they purchased an "AGED" Inventory that their might have been a chance that these guns were used. When box retailers look for guns they purchase large lots from either estates or pawn shops...yes pawn shops. Not every gun or used gun is walked in the store from a customer.

So snake not sure why you are so bent out of shape I was just mentioning in the earlier post what the scenario could have been, or what supposed to happen. When I saw Aged inventory i thought used. Sorry to offend you!!
 

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sounds like these people who are attached to this lawsuit are from Jabrone-ville... The high amount of pointless lawsuits cost us all in the end against big corporations... There should be restrictions on what you can file on in my opinion. Or a restriction on the scumbagness of lawyers.
 

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This is one of those crazy one's. That slip through the court system and ends one of two ways. Out of court settlement or big pay day. Either way this guy is praying this gets past the first court hearing so he can make some money.

Any bet he still has all the parts stuck back some where. And as soon as this case is over he will back at the firing range emptying clip after clip.
 

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sounds like these people who are attached to this lawsuit are from Jabrone-ville... The high amount of pointless lawsuits cost us all in the end against big corporations... There should be restrictions on what you can file on in my opinion. Or a restriction on the scumbagness of lawyers.
They should make all lawsuits "loser pays". If the loser had to pay all lawyer fees, court costs, compensation for lost work time, etc. for both parties in the case the number of stupid lawsuits would fall incredibly. This would lower the costs of all kinds of products and services, healthcare included. But the politicians, lawyers and judges will never go along with that. Fewer lawsuits means less income for lawyers, less work for judges and fewer interest groups to pay off politicians.
 
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