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Jnew28

(931 posts)
Wed Apr 6, 2016, 10:12 PM Apr 2016

My take on the "gun manufacturer" liability argument.

This discussion thread was locked as off-topic by Omaha Steve (a host of the General Discussion forum).

If gun manufactures are held liable for gun deaths, then what's stopping this movement from attaching the same rationale to gun and bat producers (considering the associated FBI crime statistics)? It's just another way for the government to generate revenue - costs will be passed onto the consumer, which in essence is another state mandated penalty.

Or, one could use a proximate cause argument: how far down the line is a gun manufacturer liable if the gun is sold to a legal owner, but in the end it end up in the hands of a criminal (whether sold or stolen)? Was that foreseeable? It's just too much of a stretch. Most gun owners are responsible so it's not really a cogent presumption.

Now, it's a "product defect," that's a whole different story.

http://stupidpartymathvmyth.com/1/post/2015/06/bernard-bernie-sanders-the-political-foresight-champion.html

25 replies = new reply since forum marked as read
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My take on the "gun manufacturer" liability argument. (Original Post) Jnew28 Apr 2016 OP
What about cars onecaliberal Apr 2016 #1
Exactly... Jnew28 Apr 2016 #2
But they would likely counter with... Jnew28 Apr 2016 #4
Weak tea argument, gun possession is protected in the constitution onecaliberal Apr 2016 #10
When did DU go pro gun? LisaM Apr 2016 #3
It's not pro-gun... Jnew28 Apr 2016 #6
Frankly, what will work? LisaM Apr 2016 #9
Sadly... Jnew28 Apr 2016 #15
Anti-Hillary is Pro-Gun. onehandle Apr 2016 #7
Hillary had the lowest point of her campaign by attacking Sanders for Sandy Hook. Jnew28 Apr 2016 #11
Lowest so far.... rgbecker Apr 2016 #20
That argument is full of shit. We're not pro gun and a senator with a D- rating from the NRA isn't onecaliberal Apr 2016 #14
There have always been large numbers of Democrats who are "pro-gun". NutmegYankee Apr 2016 #18
Excellent response. Jnew28 Apr 2016 #22
If you sell a product that is legal to sell, then is it defective? Elmer S. E. Dump Apr 2016 #5
Not if it's functioning in the intended manner. Jnew28 Apr 2016 #8
Then you can sue right now. Elmer S. E. Dump Apr 2016 #13
Well, a person using illegally using a weapon isn't a product liability suit... Jnew28 Apr 2016 #16
Agreed - It Is Not Sensible To Hold The Manufacturer Responsible For Faulty Product Use cantbeserious Apr 2016 #12
I know - it's not a strong argument. n/t Jnew28 Apr 2016 #17
And kitchen carving knives! moondust Apr 2016 #19
They want to take advantage of every opportunity - it's sickening. Jnew28 Apr 2016 #21
We regulate and restrict sales of legal items all the time gratuitous Apr 2016 #23
Of course - but do we sue the manufacturers in the instance of human criminality? Jnew28 Apr 2016 #24
Locking after a review by forum hosts Omaha Steve Apr 2016 #25
 

onecaliberal

(36,594 posts)
1. What about cars
Wed Apr 6, 2016, 10:14 PM
Apr 2016
 

Jnew28

(931 posts)
2. Exactly...
Wed Apr 6, 2016, 10:16 PM
Apr 2016

You could add that as well - if it's a product liability issue that causes a wreck, then they should be able to be sued. On the other hand, if it's the consumers fault, then they shouldn't have legal standing as it's not the automaker's fault.

 

Jnew28

(931 posts)
4. But they would likely counter with...
Wed Apr 6, 2016, 10:17 PM
Apr 2016

...well, cars aren't created with the intent to harm when compared with knives and guns. Different fundamental intent.

 

onecaliberal

(36,594 posts)
10. Weak tea argument, gun possession is protected in the constitution
Wed Apr 6, 2016, 10:23 PM
Apr 2016

LisaM

(29,648 posts)
3. When did DU go pro gun?
Wed Apr 6, 2016, 10:16 PM
Apr 2016

Seriously, there have been multiple posts taking the side of the NRA and gun manufacturers. Meanwhile there is about one story a week of toddlers shooting off guns and killing or injuring family members.

 

Jnew28

(931 posts)
6. It's not pro-gun...
Wed Apr 6, 2016, 10:19 PM
Apr 2016

....I still favor gun control by far. But it's not necessarily a strong argument to blame manufacturers for mass murders as most gun owners are responsible. It's just not cogent. How many responsible gun owners are there compared to how many people commit crimes with firearms? That's the question to answer.

LisaM

(29,648 posts)
9. Frankly, what will work?
Wed Apr 6, 2016, 10:22 PM
Apr 2016

The NRA resists every attempt at safety measures.

 

Jnew28

(931 posts)
15. Sadly...
Wed Apr 6, 2016, 10:25 PM
Apr 2016

A change in Constitutional interpretation or a Constitutional Amendment - the latter being virtually impossible in the current political climate.

onehandle

(51,122 posts)
7. Anti-Hillary is Pro-Gun.
Wed Apr 6, 2016, 10:20 PM
Apr 2016

The 'Not Hillary' Party has teamed up with the NRA, The Republican Party, and all right-wing media at so-called 'Democratic' Underground.

 

Jnew28

(931 posts)
11. Hillary had the lowest point of her campaign by attacking Sanders for Sandy Hook.
Wed Apr 6, 2016, 10:23 PM
Apr 2016

The logic behind her argument is ludicrous - can we blame legislators for the deaths of innocent civilians and military deaths if they vote in favor of a fabricated war? Why doesn't she do that? She voted for the War in Iraq, which is still contributing to deaths in the Middle East.

And how about her meeting with the NRA? If she's so anti-gun then why meet with this incredibly partisan group?

https://theintercept.com/2016/03/01/nra-lobbyist-will-co-host-clinton-fundraiser/

rgbecker

(4,890 posts)
20. Lowest so far....
Wed Apr 6, 2016, 11:54 PM
Apr 2016

We'll be meeting in the basement soon to hear her next attack.

 

onecaliberal

(36,594 posts)
14. That argument is full of shit. We're not pro gun and a senator with a D- rating from the NRA isn't
Wed Apr 6, 2016, 10:24 PM
Apr 2016

Either. It's common sense.

NutmegYankee

(16,479 posts)
18. There have always been large numbers of Democrats who are "pro-gun".
Wed Apr 6, 2016, 10:31 PM
Apr 2016

It's a key reason the admins have never banned them. Guns are an urban/rural culture war item that is one of the unusual positions taken by some left leaning people - normally the party of the left supports strengthening individual liberty over the demands of social order, which tended to serve religious or moral viewpoints. Leaving guns in the hands of the common people is a classic leftwing political theory - power to the people. Stripping them from the common person and allowing only the wealthy and well connected to own guns is a classic rightwing political theory. There is a reason it was the Rightwing government in Australia that got their laws changed.

Guns have been associated with the rightwing in US politics in the last few decades only because the parties have aligned somewhat on the urban/rural divide and many rural people view the right to own guns as an example where the little people, otherwise powerless and exploited, are empowered and trusted by the government. Take away that trust and power, and they are just the poor worthless people that urban society ascribes to them.

 

Jnew28

(931 posts)
22. Excellent response.
Thu Apr 7, 2016, 12:04 AM
Apr 2016
 

Elmer S. E. Dump

(5,751 posts)
5. If you sell a product that is legal to sell, then is it defective?
Wed Apr 6, 2016, 10:18 PM
Apr 2016

You can always sue, otherwise - pardon me while I take another swig/

 

Jnew28

(931 posts)
8. Not if it's functioning in the intended manner.
Wed Apr 6, 2016, 10:21 PM
Apr 2016
 

Elmer S. E. Dump

(5,751 posts)
13. Then you can sue right now.
Wed Apr 6, 2016, 10:24 PM
Apr 2016
 

Jnew28

(931 posts)
16. Well, a person using illegally using a weapon isn't a product liability suit...
Wed Apr 6, 2016, 10:26 PM
Apr 2016

As the gun worked in the "intended manner," i.e., to harm something. It should remain in the criminal realm.

cantbeserious

(13,039 posts)
12. Agreed - It Is Not Sensible To Hold The Manufacturer Responsible For Faulty Product Use
Wed Apr 6, 2016, 10:24 PM
Apr 2016

eom

 

Jnew28

(931 posts)
17. I know - it's not a strong argument. n/t
Wed Apr 6, 2016, 10:27 PM
Apr 2016

moondust

(21,294 posts)
19. And kitchen carving knives!
Wed Apr 6, 2016, 11:54 PM
Apr 2016

And rocks! Who can we get for making the rocks used to bash in peoples' skulls?

And pillows! Too many people have been smothered with pillows! Let's get the pillow manufacturers! Get 'em!!!!

Even a huge gun control advocate like myself can still recognize really bad logic that seems to be based in grief and helplessness. And political opportunism.

 

Jnew28

(931 posts)
21. They want to take advantage of every opportunity - it's sickening.
Thu Apr 7, 2016, 12:03 AM
Apr 2016

gratuitous

(82,849 posts)
23. We regulate and restrict sales of legal items all the time
Thu Apr 7, 2016, 12:07 AM
Apr 2016

Why are guns exempt?

 

Jnew28

(931 posts)
24. Of course - but do we sue the manufacturers in the instance of human criminality?
Thu Apr 7, 2016, 12:14 AM
Apr 2016

No. What's the compelling interest of suing the companies when the vast majority of gun owners don't commit crimes?

Omaha Steve

(109,359 posts)
25. Locking after a review by forum hosts
Thu Apr 7, 2016, 12:21 AM
Apr 2016

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