Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Latest Breaking News
In reply to the discussion: Court Rules N.Y. Shooting Victim Can Sue Gun Maker, Distributor [View all]graham4anything
(11,464 posts)96. you are exactly correct- Can I make this a new thread asking this question?
you (poster primavera) said
"
I've never really thought about it from this perspective before, but does one have a right to know if another person poses an increased risk of causing physical harm?
Consider the classic tort cases in which the homeowner puts up intruder deterrent devices on his/her own property. The property owner is fully within his/her rights to do so on his/her property, but nonetheless has an obligation to erect warning signs, notifying potential intruders that, if they trespass, they may be physically harmed by those devices.
E.g., you can put down a land mine if you really want to, but you have to let everyone know that you've done so, because the law doesn't allow you to blow up the unwary trespasser, even when they're breaking the law by intruding uninvited upon your property, because the penalty of being blown up is disproportionate to the offense of trespassing.
Some courts have also held that, if you have AIDS, you have a duty to inform your partner before engaging in sexual behavior that could put them at risk of being infected with a life-threatening disease.
You can still have sex, you just need to inform the other party so that they know what they're risking. I wonder whether the same reasoning could be applied to the property of gun owners. Yes, you have a right to pack your house with guns, but does the person entering your house have a right to know that, by entering your house, they are assuming a greater risk of being shot than they would in the home of someone who owned no guns?"
"
I've never really thought about it from this perspective before, but does one have a right to know if another person poses an increased risk of causing physical harm?
Consider the classic tort cases in which the homeowner puts up intruder deterrent devices on his/her own property. The property owner is fully within his/her rights to do so on his/her property, but nonetheless has an obligation to erect warning signs, notifying potential intruders that, if they trespass, they may be physically harmed by those devices.
E.g., you can put down a land mine if you really want to, but you have to let everyone know that you've done so, because the law doesn't allow you to blow up the unwary trespasser, even when they're breaking the law by intruding uninvited upon your property, because the penalty of being blown up is disproportionate to the offense of trespassing.
Some courts have also held that, if you have AIDS, you have a duty to inform your partner before engaging in sexual behavior that could put them at risk of being infected with a life-threatening disease.
You can still have sex, you just need to inform the other party so that they know what they're risking. I wonder whether the same reasoning could be applied to the property of gun owners. Yes, you have a right to pack your house with guns, but does the person entering your house have a right to know that, by entering your house, they are assuming a greater risk of being shot than they would in the home of someone who owned no guns?"
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
99 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
No, I mean the guns --they're being sold to protect people from other people with guns
CreekDog
Oct 2012
#39
It they let everyone do this to every company all commerce would stand still
Mojorabbit
Oct 2012
#45
I personally think that a bar should be sued if there is an accident after
graham4anything
Oct 2012
#11
The question was- was Joe Paterno guilty because of Sandusky? IMHO YES YES YES
graham4anything
Oct 2012
#20
actually in many places across the country, parents are held responsible for minors crimes
graham4anything
Oct 2012
#52
You are an NRA talking point police man. You distract every anti-gun thread there is
graham4anything
Oct 2012
#65
I believe in the right to life liberty and the pursuit of happiness & all are equal
graham4anything
Oct 2012
#69
I will let you keep a gun in your house, provided in advance I know you have one
graham4anything
Oct 2012
#72
This one is either deliberately distractive/disruptive, or not tracking well.
PavePusher
Oct 2012
#91
you are exactly correct- Can I make this a new thread asking this question?
graham4anything
Oct 2012
#96
My goodness, you are quite the little Authoritarian-tin-pot-dictator-wanna-be, aren't you?
PavePusher
Oct 2012
#74
no gun ever saved anyone, the gunnies are always with the NRA talking points
graham4anything
Oct 2012
#71
But if someone has a gun going into a place, a scanner letting someone know
graham4anything
Oct 2012
#86
If there are no guns inside, then your gun is not needed to stop a gun attack.
graham4anything
Oct 2012
#89
defendants knowingly violated federal gun laws" if true they might have a case.
aikoaiko
Oct 2012
#23
"suspected criminals" and "lawful Citizens", you seem to be confused on those terms.
PavePusher
Oct 2012
#59
They'll have to prove a link between the manufacturer, distributor, dealer, seller and shooter
NickB79
Oct 2012
#33
The BATF needs to start revoking licenses, and putting more people in jail for selling guns.
boppers
Oct 2012
#54
Thank you for posting this here. I like when gun policy talk comes out of the gungeon.
aikoaiko
Oct 2012
#62
Did the gun malfunction? Operate in some way other than how it was intended?
4th law of robotics
Oct 2012
#95