Suing Wal-Mart

Anti-gun crusaders have opened a new front in the war against gun ownership — Wal-Mart. In Texas, a mother is suing Wal-Mart for selling her daughter a shotgun with which she killed herself. The mother claims Wal-Mart should have known the daughter had psychological problems because Wal-Mart filled the girl’s anti-psychotic medication and should have known the girl had been arrested in Wal-Mart for causing a disturbance. The only problem is that the girl bought the shotgun from a Wal-Mart that was seven miles from the store where the girl bought her drugs and got arrested. According to the AP report:

[P]harmacy prescription records are confidential under a 1996 federal law, so stores cannot use them when deciding whether to sell a gun. Also, Wal-Mart did a background check on Stewart, as required under federal law, but through no fault of its own, her name did not show up in the FBI database. The reason: The database contains no mental health records from Texas and 37 other states.

Had the girl been declined the gun based on a check of Wal-Mart’s own records, no doubt we’d be reading about the girl suing Wal-Mart instead of her mother. This is just another suit that will damage the reputation of lawyers and give further aid to those backing tort reform.

The money quote of the article comes from, you guessed it, Gun Owners of America.

The suggestion that Wal-Mart should have checked prescription records infuriates Erich Pratt, a spokesman for the Virginia-based group Gun Owners of America.

“Does that mean mental illness prevents everyone on Prozac from owning a gun? Or women with PMS?” he said.

About the author

Erick Erickson

View all posts