The Unprecedented Law Giving Gun Makers And Dealers Immunity

[The Professor]

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Seems to me that most liability lawsuits happen because either (a) the product does not function properly, or (b) the effects of the product are misrepresented in some way by the manufacturer.

I don't see either one of those here. Any lawyers (cough) in the house?

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I'll add one more to your list. If a person uses a product for a purpose other than that for which it was intended, but such misuse could reasonably have been anticipated by the manufacturer, then the manufacturer has a duty to warn prospective users. Failure to properly warn can result in liability.

For example, everyone should know that a medication that is advertised as hemorrhoid anointment is intended to be applied to the "infected area." However, because some consumers might ingested the product, the manufactures must issue a proper warning.

One of the most ridiculous cases I've read about involved a man who used his power mower to trim his hedges. He lost several fingers in the process and successfully sued the manufacturer. Forget the fact that it was called a LAWN mower, which by definition proves the product was intended to mow the fucking lawn. The court allowed the case to go to the jury because the misuse could have been reasonably anticipated, and the failure to issue adequate warning made the manufacturer liable.

It appears that one of the functions of the modern-day courts is to protect idiots from the consequences of their idiocy.

 

[Lakhota]

 

[jtpr312]

Bloomberg already tried that pariticular law suit in Va and lost, I'm friends with the owner of the shop that dipshit, pos liberal tried to stongarm. As for the gun dealer, it's not his responsibility to act as the police or the BATFE. His responsibility is to follow the law which they almost always do. Here's how it works for intelligent people. If YOU commit the crime, YOU own that crime. For the liberal a-holes like you though, it's if you commit the crime, let's look for someone or something else to blame it on seeing that you are nothing but a poor misguided, oppressed individual influenced by ads, your upbringing, poverty, etc. Guess you're all about locking up obama and holder for their responsiblity in the deaths of hundreds because they knowingly allowed straw purchases, no, they FORCED the gun shops to break the law and make these purchases, causing the deaths of hundreds including US Law Enforcement agents. You're a fool bud, a tool, a dupe, a clueless moron who bases his opinion on feelings, thoughts, propganda, misinformation and lies, without any thought to the realities or facts of the subject. YOU are what's wrong with this nation.

No, guy, what's wrong with this nation is that an unethical industry selling a dangerous product to people who don't need it and shouldn't have it has strongarmed congress into letting it have its way. Oh, are you talking about the liquor industry? You must be seeing that they are responsible for many, many, many more deaths than legally owned firearms every year, not to mention sickness, despair and broken homes and families. I agree with you. Let's sue all the liquor manufacturers for showing the lies on TV to get people to drink their products. You know the ones, the ones with the beautiful woman, fast cars, big boats, fancy parties, everyone with a drink in their hand having a good time. Yeah, I agree with you on this.

If your buddy owned some of the deaths his guns caused, he'd clean up his act. My buddy didn't need to "clean up his act", as was proven in court he followed the law in EVERY sale he made. You really have no concept of the paperwork that must be kept by an FFL holder, yet like most anti-gun nuts, you insist on bloviating on the subject. This was just an attempt by a rich, leftist, elitist scumbag to strongarm a small businessman.

Time to get you all to clean up your acts. Those FFL holders that have "dirty" acts are found out quickly and prosecuted to the fullest extent of the law, furthermore, those with "dirty" acts, are few and far between.

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[jtpr312]

Wrong. You do know what a Straw Purchase is right? That's a criminal, and I emphasize the word criminal, act whereby a person who CAN legally purchase a firearm does so FOR a person who cannot legaly buy one, usually for a fee. This is ALREADY aganst the law, so what new law is needed?

Again- simple enough solution- if a gun that came from your shop is used in a crime, you own that crime.

You don't think that when the gun dealer in VA sees the the same customer come in for the fifth time in a month to buy a bunch of guns, he doesn't know what's up?

Wow, you are a true simpleton. So when your car is used by your daughters boyfriend to commit a crime I get to sue you right?

Idiot.

Yup, and the idiot wants you to be able to sue the makers of his car also.

 

[jtpr312]

Car companies get sued all the time for mechanical defects that cause accidents.

Frankly, if you design a product that is specifically meant to kill people and you don't strictly regulate who you are selling it to, you should be sued.

How can Smith and Wesson control who Joe's Guns and Fried Possum sells a revolver to?
How can Joe's Guns and Fried Possum control what you do with the revolver after the government approves your purchase and you walk out thew door?

Good question.

Maybe they might actually do BACKGROUND CHECKS.

Wow. What a concept.

Maby Joe's will notice the same guy keeps coming in once a month and buying a bunch of guns.

They do background checks and when they do see someone coming in every month buying numerous firearms, they most certainly notify the proper authorities in almost every case, just as was the case gun dealers in the Fast and Furious debacle. You remember that right? The gun dealers thought something was wrong, they notified the govt, the govt told them to ignore the law and continue to make the sales? You see the same person coming into the liquor store week after week, always sober at the time, with proper ID, buying bottle after bottle, yet you continue to sell him the product. You find out later that he was in a DUI crash, his 4th or 5th dui, he destroyed his home life, beat his kids and wife while drunk, and killed two people, in his last accident. So according to your illogical stance, you arrest and sue liquor store owner and you sue Jim Beam right? I mean it wasn't the customer's fault right, he was duped by all the commercails showing him how he can have fun and party with pretty girls if he just drank this stuff. It wasn't his fault, it was the liquor store owner's fault, I mean the guy came in all the time buying liquor, the owner should have known this guy was going to do something like this eventually right? Your position has no leg to stand on bud. It's ridiculous to say then least. Childish and moronic in the extreme.

 

[JoeB131]

[

No. The gun companies have never made the claim that guns are "safe" to use. The reason why the tobacco companies have had their asses rightfully handed to them is because they said for decades that tobacco use was safe when they knew that the truth was the opposite.

if you misuse a gun, you or someone you care about, will die. A gun is a tool. it is no better or worse than the person using it. They are inherently lethal when in use, just like automobiles or airplanes. To assert otherwise is incorrect.

The Tobacco companies got their asses handed to them because when their internal documents came out, it was shown they deliberately marketted their dangerous product to children.

And who knows what we'd find out if we got to look at all the internal documents of the gun industry... probably enough to hang them with.

No, idiot, they lied about the harmful effects of tobacco. If it were good for you no one would care if children used it.

NO, what got them in trouble was the internal documents showing that they did things like instructed merchants to put the cigarrette displays out in the open so teens could steal them, or put out cigarette machines that wouldn't check ID's.

Actually read the documents that were uncovered during the Tobacco lawsuit, and how these guys KNEW they were fucked if they ever got in front of a jury.

 

[JoeB131]

They do background checks and when they do see someone coming in every month buying numerous firearms, they most certainly notify the proper authorities in almost every case, just as was the case gun dealers in the Fast and Furious debacle. You remember that right? The gun dealers thought something was wrong, they notified the govt, the govt told them to ignore the law and continue to make the sales? You see the same person coming into the liquor store week after week, always sober at the time, with proper ID, buying bottle after bottle, yet you continue to sell him the product. You find out later that he was in a DUI crash, his 4th or 5th dui, he destroyed his home life, beat his kids and wife while drunk, and killed two people, in his last accident. So according to your illogical stance, you arrest and sue liquor store owner and you sue Jim Beam right? I mean it wasn't the customer's fault right, he was duped by all the commercails showing him how he can have fun and party with pretty girls if he just drank this stuff. It wasn't his fault, it was the liquor store owner's fault, I mean the guy came in all the time buying liquor, the owner should have known this guy was going to do something like this eventually right? Your position has no leg to stand on bud. It's ridiculous to say then least. Childish and moronic in the extreme.

OOOooookay, now you are going into crazy land.

Besides the fact that you are in tinfoil hat territory about how Bush's gun plan was stopped by Holder and Obama, the fact is, they DO yank a liqour sellers license if he's not checking ID.

I should also point out that the alcohol industry doesn't aggressively market to children and spends a lot of money advocating anti DUI programs.

The Gun industry uses every gun incident to sell more guns. That's like throwing gasoline on a fire.

 

[GuyPinestra]

OOOooookay, now you are going into crazy land.

Besides the fact that you are in tinfoil hat territory about how Bush's gun plan was stopped by Holder and Obama, the fact is, they DO yank a liqour sellers license if he's not checking ID.

I should also point out that the alcohol industry doesn't aggressively market to children and spends a lot of money advocating anti DUI programs.

The Gun industry uses every gun incident to sell more guns. That's like throwing gasoline on a fire.

Joe, you're really an idiot if you believe this. Of course, some of your ranting on this subject proves you to be an idiot anyway, but this one is just BLATANT.

For the last time Joe, Wide Receiver was stopped in 2007, Fast and Furious was started in 2009.
Think you can remember those two little facts? I have my doubts, but I'm hopeful.

And if you really think the alcohol industry doesn't market to children you haven't been on a college campus in a while, idiot!

 

[JoeB131]

OOOooookay, now you are going into crazy land.

Besides the fact that you are in tinfoil hat territory about how Bush's gun plan was stopped by Holder and Obama, the fact is, they DO yank a liqour sellers license if he's not checking ID.

I should also point out that the alcohol industry doesn't aggressively market to children and spends a lot of money advocating anti DUI programs.

The Gun industry uses every gun incident to sell more guns. That's like throwing gasoline on a fire.

Joe, you're really an idiot if you believe this. Of course, some of your ranting on this subject proves you to be an idiot anyway, but this one is just BLATANT.

For the last time Joe, Wide Receiver was stopped in 2007, Fast and Furious was started in 2009.
Think you can remember those two little facts? I have my doubts, but I'm hopeful.

And if you really think the alcohol industry doesn't market to children you haven't been on a college campus in a while, idiot!

There are "children" on college campuses? Funny, those kids can vote, serve in the military, etc. I don't think they are legally Children...

Fact is, the ATF was doing the same kind of things under different names until they put an end to it. Of course, you can't blame the ATF, they presented evidence to the Federal Prosecutors (again, appointed by Bush) that these gun transfers were happening. It's just that the prosecutors didn't want to go after the gun sellers.

 

[GuyPinestra]

OOOooookay, now you are going into crazy land.

Besides the fact that you are in tinfoil hat territory about how Bush's gun plan was stopped by Holder and Obama, the fact is, they DO yank a liqour sellers license if he's not checking ID.

I should also point out that the alcohol industry doesn't aggressively market to children and spends a lot of money advocating anti DUI programs.

The Gun industry uses every gun incident to sell more guns. That's like throwing gasoline on a fire.

Joe, you're really an idiot if you believe this. Of course, some of your ranting on this subject proves you to be an idiot anyway, but this one is just BLATANT.

For the last time Joe, Wide Receiver was stopped in 2007, Fast and Furious was started in 2009.
Think you can remember those two little facts? I have my doubts, but I'm hopeful.

And if you really think the alcohol industry doesn't market to children you haven't been on a college campus in a while, idiot!

There are "children" on college campuses? Funny, those kids can vote, serve in the military, etc. I don't think they are legally Children...

Fact is, the ATF was doing the same kind of things under different names until they put an end to it. Of course, you can't blame the ATF, they presented evidence to the Federal Prosecutors (again, appointed by Bush) that these gun transfers were happening. It's just that the prosecutors didn't want to go after the gun sellers.

If the legal drinking age is 21 and the average freshman is 18, WTF would YOU call it?

 

[JoeB131]

If the legal drinking age is 21 and the average freshman is 18, WTF would YOU call it?

A really stupid law.

Point is, if you are old enough to fight for this country, you should be old enough to drink to it.

If we regulated guns the way we regulate alcohol, you'd have a lot less guns.

 

[GuyPinestra]

If the legal drinking age is 21 and the average freshman is 18, WTF would YOU call it?

A really stupid law.

Point is, if you are old enough to fight for this country, you should be old enough to drink to it.

If we regulated guns the way we regulate alcohol, you'd have a lot less guns.

Uhh, we DO...

 

[JoeB131]

If the legal drinking age is 21 and the average freshman is 18, WTF would YOU call it?

A really stupid law.

Point is, if you are old enough to fight for this country, you should be old enough to drink to it.

If we regulated guns the way we regulate alcohol, you'd have a lot less guns.

Uhh, we DO...

Uh, no, we don't.

If Loughner, Holmes and Lanza can get guns, they are insufficiently regulated.

 

[GuyPinestra]

A really stupid law.

Point is, if you are old enough to fight for this country, you should be old enough to drink to it.

If we regulated guns the way we regulate alcohol, you'd have a lot less guns.

Uhh, we DO...

Uh, no, we don't.

If Loughner, Holmes and Lanza can get guns, they are insufficiently regulated.

Hell, all three of them could legally buy alcohol, so I guess it's not as 'regulated' as you proclaim.

What regulation do you propose to stopping the nutbags from getting guns, Joe?

And remember, Lanza stole his guns from his murdered mother.

 

[JoeB131]

[

Hell, all three of them could legally buy alcohol, so I guess it's not as 'regulated' as you proclaim.

What regulation do you propose to stopping the nutbags from getting guns, Joe?

And remember, Lanza stole his guns from his murdered mother.

What regulations-

Thorough background checks for EVERYONE in the home before a gun is sold.

Strict gun licensing.

Mandetory insurance.

Liability for gunmakers and sellers when their products are misused.

Remove high capacity clips, and semi-automatic weapons from the market, as well as military grade weaponry.

Make posession of same a felony after a certain grace period to turn them in for disposal.

 

[Contumacious]

When I hear people talk about “gun violence,” I wonder what has happened to language. A gun is an inanimate object. An inanimate object cannot cause violence. Humans cause violence. The relevant question is: why do humans cause violence? This obvious question seldom gets asked. Instead, inanimate objects are blamed for the actions of humans.


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[GuyPinestra]

[

Hell, all three of them could legally buy alcohol, so I guess it's not as 'regulated' as you proclaim.

What regulation do you propose to stopping the nutbags from getting guns, Joe?

And remember, Lanza stole his guns from his murdered mother.

What regulations-

Thorough background checks for EVERYONE in the home before a gun is sold.

Unconstitutional.

Strict gun licensing.

Accomplishes NOTHING.

Mandetory insurance.

Accomplishes NOTHING.

Liability for gunmakers and sellers when their products are misused.

You want to make innocent parties liable for someone else's criminal act?

Remove high capacity clips, and semi-automatic weapons from the market, as well as military grade weaponry.

\
Unconstitutional, read the 2nd Amendment.

Make posession of same a felony after a certain grace period to turn them in for disposal.

See above.

 

[Barb]

I guess we should hold car dealerships responsible if you buy a car from them and get into a accident..and the idiot beat goes on with media matters.

Firestone Tire Accidents - Defective Tire Injuries and Death

DUH

 

[Quantum Windbag]

They do background checks and when they do see someone coming in every month buying numerous firearms, they most certainly notify the proper authorities in almost every case, just as was the case gun dealers in the Fast and Furious debacle. You remember that right? The gun dealers thought something was wrong, they notified the govt, the govt told them to ignore the law and continue to make the sales? You see the same person coming into the liquor store week after week, always sober at the time, with proper ID, buying bottle after bottle, yet you continue to sell him the product. You find out later that he was in a DUI crash, his 4th or 5th dui, he destroyed his home life, beat his kids and wife while drunk, and killed two people, in his last accident. So according to your illogical stance, you arrest and sue liquor store owner and you sue Jim Beam right? I mean it wasn't the customer's fault right, he was duped by all the commercails showing him how he can have fun and party with pretty girls if he just drank this stuff. It wasn't his fault, it was the liquor store owner's fault, I mean the guy came in all the time buying liquor, the owner should have known this guy was going to do something like this eventually right? Your position has no leg to stand on bud. It's ridiculous to say then least. Childish and moronic in the extreme.

OOOooookay, now you are going into crazy land.

Besides the fact that you are in tinfoil hat territory about how Bush's gun plan was stopped by Holder and Obama, the fact is, they DO yank a liqour sellers license if he's not checking ID.

I should also point out that the alcohol industry doesn't aggressively market to children and spends a lot of money advocating anti DUI programs.

The Gun industry uses every gun incident to sell more guns. That's like throwing gasoline on a fire.

Do gun makers market to children?

By the way, as usual, you are wrong, it seems the alcohol industry does market to children. Unless, that is, all the people who say otherwise are lying.

Alcohol companies market to children on Facebook and internet | Information, Gadgets, Mobile Phones News & Reviews | News.com.au

 

[Quantum Windbag]

If the legal drinking age is 21 and the average freshman is 18, WTF would YOU call it?

A really stupid law.

Point is, if you are old enough to fight for this country, you should be old enough to drink to it.

If we regulated guns the way we regulate alcohol, you'd have a lot less guns.

We fought that battle, and won it, decades ago. Idiots like you decided that we were wrong and changed the law back to keep people safe.

By the way, we do regulate guns.