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Any lawyers out there on TS.com?

Discussion in 'Uncategorized Threads' started by Gargoyle!, Aug 14, 2007.

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  1. Gargoyle!

    Gargoyle! TS Member

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    Some one here brought up a question on discrimination to gun owners. The co Ebay is no longer as we all know will not let us (gun owners) list gun parts on Ebay. Is this a form of discrimination or not? Can Ebay have a law suit put on them because of this?
     
  2. revsublime

    revsublime TS Member

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    discrimination? c'mon Garg...surely you're more intelligent than that.

    Shall we sue Blockbuster because they dont deal in pornography? Shall we sue the Sprawl-Marts that have stopped selling guns?

    Guess I'm not seeing the race, creed, color, religion, sexuality of the problem here.

    oh wait...many americans & politicians think its ok to discriminate on sexuality...strike that one from the list.
     
  3. maclellan1911

    maclellan1911 TS Member

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    Another question for a lawyer. Here in massachusetts some towns are easy to get concealed carry permits some will not issue, Most of boston. Now if enough Black men and women applied and where denied, shouldnt the ACLU jump in? How can a state like mass have such a discriminating policy? I can carry my firearm for defense in the city of boston but a resident can not?
     
  4. Diamond Grade

    Diamond Grade TS Member

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    I don't think he finished and quit after the 3rd year.
     
  5. phirel

    phirel TS Member

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    Gargoyle, and many others have a misconception about the law and discrimination. Discrimination against a protected class (race, religion, ethnicity, familial status,handicapped,age) is illegal. Discrimination against an individual or group of individuals who are not in a protected class is legal.

    I will not rent any of my properties to University students. University students are not a protected class and my decision is legal. It can get a bit tricky. I could decide that I will not rent to bald individuals and this on the surface might appear legal. However, if it can be demonstrated that nearly all bald individuals are elderly males, than I would be guilty of discrimination based on both age and sex. Gun owners are not a protected class.

    Pat Ireland
     
  6. tsosin

    tsosin TS Member

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    Actually there is no cause of action based on sexuality. As we all know you, either are or you are not a sexual person, and the only legal proceeding that I'm aware of that is related to sexuality is divorce. You can, however, sue if you are discriminated against on the basis of sex.

    To answer the original question, E-Bay has the right to make the rules on it's own website, and unfortunately they've chosen to limit their liability and say no to us.
     
  7. phirel

    phirel TS Member

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    Jerry- Certainly each of us falls into at least one protected class. The key point is are we being discriminated against because we are males or because we like gun stuff.

    I am discriminated against at almost every shoot I attend because I do not shoot well, not because I am an elderly male. Now, if we could get average shooters who live in the South recognized as a protected class, my opportunities would be expanded.

    Pat Ireland
     
  8. tsosin

    tsosin TS Member

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    Pat,

    I think that the protected class that you propose would be so large that the benifits of being a member would be minimal.

    Speaking of classification, I'm new to trap and am interested in what's considered average, good and excellant. In golf the vast majoity of players don't break a hundred, par is great but won't win you anything, with lots in between.

    In trap is 91/100 shooter considered a competant shooter, how about 96/100. I guess that the best way to get a feel for this is to read the ATA book on class and see what starts to move a shooter off the 16 yard line.
     
  9. ou.3200

    ou.3200 Well-Known Member

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    The way to approach the Ebay problem is to file a class action suit on behalf of all those who had auctions canceled that started before 8/13 and had bids on them. One of three things should have happened with those:

    1) They shouldn't have listed them in the first place.

    2) The auctions should have been allowed to run through the end date and sale.

    3) Ebay should have credited the sellers with the amount of the bids on the items plus the sellers fees rather than just the sellers fees.

    While the number of auctions involved may be relatively small a settlement could be large.

    Any attorneys out there willing to take that one on?
     
  10. pendennis

    pendennis Well-Known Member

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    Location:
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    Depending on the details of the contract, and you'll need a lawyer to interpret, you may have cause based on breach of contract. You would have to show real damages, mostly financial. Since you're not in a protected class, it would be very expensive for you to win.

    Why not try small claims court in your local jurisdiction? For a few bucks you can file claim. With enough small claims filed, eBay may surely default on a few, and even if they responded, it would cost them a bundle. Who knows?

    Best,
    Dennis
     
  11. phirel

    phirel TS Member

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    tsosin- You asked what is considered average, good and excellent shooting. I can answer that question. First shoot 200 registered targets and calculate your average. The next time if you shoot your average, that is average shooting for you. If you shoot 1-2 targets above your average that is good. If you shoot 4-5 targets above your average, that is excellent. If you shoot an excellent score, then your average will increase and you have to work harder to shoot just average the next time. Now, if you shoot a 96 you will feel great. After you get an average above 96, it will not be so great.

    There is no end to striving toward improvement in this game. Keep in mind you are shooting against your average, not against anybody else.

    Pat Ireland
     
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