Fake Gun Store used shaming tactic to convince buyers not to purchase

Discussion in 'Gun Control' started by Toefoot, Mar 18, 2015.

  1. Toefoot

    Toefoot Well-Known Member Past Donor

    Joined:
    Jan 26, 2013
    Messages:
    6,058
    Likes Received:
    1,038
    Trophy Points:
    113
  2. stjames1_53

    stjames1_53 Banned

    Joined:
    Apr 19, 2012
    Messages:
    12,736
    Likes Received:
    51
    Trophy Points:
    0
  3. btthegreat

    btthegreat Well-Known Member

    Joined:
    May 30, 2010
    Messages:
    16,405
    Likes Received:
    7,070
    Trophy Points:
    113
    What are you suing them for? Assuming they treat all 'customers' the same way and refuse to sell to all, or agree to sell to all, without discriminating against a suspect class. If they refuse to sell to anyone, they don't need a business license in the first place. Its not fraud if there is no money exchanged and no intent to defraud . Hell, there is no contract that has been breached because there isn't even a contract. Even assuming you can prove an implied contract or promise based on some advertisement they made and distributed , what possible damages are there from a 'sale' that does not get completed. I strongly doubt they put themselves in a phone book, or put up fliers they aren't going to pay rental for much longer than it takes to get the video.. This is all walk-in. It is no more illegal than Candid Camera

    Pissing you off is not compensatory.
     
  4. stjames1_53

    stjames1_53 Banned

    Joined:
    Apr 19, 2012
    Messages:
    12,736
    Likes Received:
    51
    Trophy Points:
    0
    for starters, it isn't a real gun shop. False advertising. Pushing a political agenda instead of what their business advertises. And there's the old bait and switch that protects consumers from fraud.
    And this is fraud......
     
  5. btthegreat

    btthegreat Well-Known Member

    Joined:
    May 30, 2010
    Messages:
    16,405
    Likes Received:
    7,070
    Trophy Points:
    113
    But there is no 'switch' or intent to switch on anyone. Fraud presupposes a profit motive. You aren't the intended consumer of a bait and switch, if there is nothing for sale. We don't even know how they advertised.

    In law, fraud is deliberate deception to secure unfair or unlawful gain. Fraud as both a civil wrong (i.e., a fraud victim may sue the fraud perpetrator to avoid the fraud and/or recover monetary compensation) and a criminal wrong (i.e., a fraud perpetrator may be prosecuted by the DA). has to have a material gain from the victim or plaintiff
    A hoax is a distinct concept that involves deception without the intention of gain or of materially damaging or depriving the victim and it is not illegal unless there is some showing of negligence, and then it requires proof of actual damages to get a judgement.
     
  6. Wolverine

    Wolverine New Member Past Donor

    Joined:
    Mar 22, 2006
    Messages:
    16,105
    Likes Received:
    234
    Trophy Points:
    0
  7. OrlandoChuck

    OrlandoChuck Well-Known Member

    Joined:
    Jan 17, 2013
    Messages:
    6,002
    Likes Received:
    1,313
    Trophy Points:
    113
    Someone needs to picket outside the store and expose them to all.
     
  8. btthegreat

    btthegreat Well-Known Member

    Joined:
    May 30, 2010
    Messages:
    16,405
    Likes Received:
    7,070
    Trophy Points:
    113
    Folks would be pissed. there may well be separate state statutes on impersonating a doctor, counselor or nurse, so the 'employee' has to watch out that he is not going too close to those lines in what he says..
     
  9. Wolverine

    Wolverine New Member Past Donor

    Joined:
    Mar 22, 2006
    Messages:
    16,105
    Likes Received:
    234
    Trophy Points:
    0
    What if it was a doctor shaming patients?
     
  10. btthegreat

    btthegreat Well-Known Member

    Joined:
    May 30, 2010
    Messages:
    16,405
    Likes Received:
    7,070
    Trophy Points:
    113
    I am sure they only rented the space long enough to make their educational video. Its not like they plan to do this permanently.
     
  11. DarkDaimon

    DarkDaimon Well-Known Member

    Joined:
    Jun 2, 2010
    Messages:
    5,540
    Likes Received:
    1,565
    Trophy Points:
    113
    That is the proper way to deal with this and much more effective than suing.
     
  12. btthegreat

    btthegreat Well-Known Member

    Joined:
    May 30, 2010
    Messages:
    16,405
    Likes Received:
    7,070
    Trophy Points:
    113
    . That may cause problems with the AMA if they hear a complaint about his professional ethics involving his treatment of a patient. He can lose his real license, but it does not involve a lawsuit.
     
  13. Pardy

    Pardy Well-Known Member Past Donor

    Joined:
    Mar 11, 2013
    Messages:
    10,437
    Likes Received:
    166
    Trophy Points:
    63
    This mock store is a great idea. He's presenting facts, and nothing but facts. Reality is conflicting with the idealism of gun worshippers.
     
  14. perdidochas

    perdidochas Well-Known Member

    Joined:
    Jul 24, 2008
    Messages:
    27,293
    Likes Received:
    4,346
    Trophy Points:
    113
    Gender:
    Male
    Tactic is low, but it's legal.

    - - - Updated - - -

    Actually, pro-life groups do similar things. I have no problem with it.

    - - - Updated - - -

    Well, the ads for those groups say nothing about abortion, but usually are something like "Pregnant, don't know what to do" etc.
     
  15. perdidochas

    perdidochas Well-Known Member

    Joined:
    Jul 24, 2008
    Messages:
    27,293
    Likes Received:
    4,346
    Trophy Points:
    113
    Gender:
    Male

    So I presume you're ok with a mock abortion clinic as well (provided it doesn't mention actual medical treatment)? Often they are called Crisis pregnancy centers.
     
  16. btthegreat

    btthegreat Well-Known Member

    Joined:
    May 30, 2010
    Messages:
    16,405
    Likes Received:
    7,070
    Trophy Points:
    113

    I fI read an ad, or saw them in the phone book impostering, and I had traveled, say 5 or 10 miles, after having googled the address, only to discover I had been lied to, I would have a problem. If they do not advertise, and they are dependent on drive or walk bys, and all I am out, is the time it took to park and walk, I wouldn't. The 'pregnant and don't know what to do' is suitably vague enough that its on me if I don't call and ask specific questions about the service.
     
  17. Toefoot

    Toefoot Well-Known Member Past Donor

    Joined:
    Jan 26, 2013
    Messages:
    6,058
    Likes Received:
    1,038
    Trophy Points:
    113
    One sided facts. Care to bring in a women who shot her rapist? Grandpa who shot a mugger beating grandma? Pardy, I do not care for dishonesty.

    - - - Updated - - -

    I was not into the legality of it but the tactic is what caught my eye. Providing one sided facts is shameful.

     
  18. Xenamnes

    Xenamnes Banned

    Joined:
    Mar 3, 2015
    Messages:
    23,895
    Likes Received:
    7,537
    Trophy Points:
    113
    Nothing but facts you say? We shall see about that.

    You obviously have not viewed the article or the video.

    Can you identify which firearms in the included pictures are actually illegal to own or sell withing the state of New York?
     
  19. AlphaOmega

    AlphaOmega Well-Known Member Past Donor

    Joined:
    Jan 10, 2013
    Messages:
    28,747
    Likes Received:
    4,821
    Trophy Points:
    113
    Advertising a product you don't actually sell to get customers to your store is fraud. Like I always say, nothing smartens people up faster than suing them. Its worked for me with a 100% success rate. Can one of you lefties pretty please come to my town and do this? Bring your checkbook!
     
  20. stjames1_53

    stjames1_53 Banned

    Joined:
    Apr 19, 2012
    Messages:
    12,736
    Likes Received:
    51
    Trophy Points:
    0
    You can sue anyone in the US for anything, including hurt feelings. This shop will be easy prey. Even if it doesn't get shut down immediately, I cant begin to realize how much money they'll have to spend defending it.....either way, they lose
     
  21. Regular Joe

    Regular Joe Well-Known Member

    Joined:
    Aug 26, 2013
    Messages:
    3,758
    Likes Received:
    30
    Trophy Points:
    48
    It's a shame that the clientele is gullible and uninformed enough to be targeted by these guys.
    Lanza used the Bushmaster because that's what his murdered mom had in the safe.
    One could just as easily pick up any model from the inventory, and recite a story about this gun being the one that Emily used to kill her stalker, or that Marlin .22 rifle over there - yea - that one was used by an old guy in a wheelchair to roll a hoodlum back down the basement stairs.
    Those guys must have spent around $15K just n inventory. I guess the media attention was what they actually paid for. Again, it's a shame that the audience is gullible and uneducated enough to buy their BS lines.
     
  22. Battle3

    Battle3 Well-Known Member

    Joined:
    Oct 14, 2013
    Messages:
    16,248
    Likes Received:
    3,012
    Trophy Points:
    113
  23. therooster

    therooster Banned

    Joined:
    Feb 28, 2014
    Messages:
    13,004
    Likes Received:
    5,494
    Trophy Points:
    113
    Shamed! Lol bunch of morons . how can u shame a law abiding citizen from buying a legal product that is his "Right" to purchase and own. Too funny, gonna shame a guy for buying a pizza next. My word libs are morons.
     
  24. FreshAir

    FreshAir Well-Known Member Past Donor

    Joined:
    Mar 2, 2012
    Messages:
    150,623
    Likes Received:
    63,058
    Trophy Points:
    113
    pretty sick and dumb, as long as they sold the guns they advertised as for sale, they can do it, but still dumb

    if they advertised the guns and would not sell them, they could be in legal trouble if someone sues them

    .
     
  25. btthegreat

    btthegreat Well-Known Member

    Joined:
    May 30, 2010
    Messages:
    16,405
    Likes Received:
    7,070
    Trophy Points:
    113
    First you'd best delineate between criminal and civil fraud. Second, we have not seen the 'advertising' yet that got people to come in. So thus far it is just a hoax, pending a showing of material gain or intent to receive for material gain. This is no different than what a 'Punked' show might do or the old Candid Camera series. Not all deceptive practices on this planet are deemed by legislation to be illegal nor are they all tort claims. Look up the legal elements you need to prove legal fraud except you aren't laughing and Allen Funt is dead.
     

Share This Page