Arstechnica reports that a three-judge panel in the Chicago-based circuit court of appeals has dismissed a lawsuit against Armslist.com alleging negligence and that Armslist was promoting the illegal sale of firearms.
The full Opinion for the Court is available here, but the relevant determining passage is below:
Alex has alleged nothing of the sort here. Alex’s complaint states that Armslist “design[ed] its website to encourage its users to circumvent existing gun laws… by easily enabling prospective purchasers to search for and find gun sellers in any and all states.” But simply enabling consumers to use a legal service is far removed from encouraging them to commit an illegal act.
Expanding on their determination:
Armslist permitted Ladera to place an advertisement on its website and nothing more. It did not invite Ladera or Smirnov to break the law. Alex’s allegations fall short of alleging any cognizable negligence claim for which Armslist could be held responsible for Smirnov’s acts.
This is the first ruling of its kind on the Federal level for firearms owners, protecting legal online listing providers. That said, always ensure you are following applicable laws for private sales. When in doubt, us an FFL for the transfer.