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LuckyTheDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 02:46 PM
Original message
GREAT source re: gun lawsuits
This is a few years old. But it clearly explains why gun lawsuits are NOT about punishing gun makers and dealers for the actions of others. They are about holding them accountable for their OWN ACTIONS:

http://www.gunlawsuits.org/pdf/immunity/siebel_sfr_101703.pdf

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DemInDistress Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 02:49 PM
Response to Original message
1. If you can sue a gun maker can you sue a car maker
or fast food makers or cigarette makers ? If you buy a gun and it
later kills someone why should the maker be liable?
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SteppingRazor Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 02:51 PM
Response to Reply #1
2. I agree...
I don't think gunmakers should be sued when someone misuses their products (i.e. shoots someone else with one). That said, I also don't think Congress should make laws protecting gunmakers from such suits. These suits should be decided in court on their own merits.
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LuckyTheDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 02:58 PM
Response to Reply #2
3. Not the point
The gun lawsuits have NEVER been about suing the industry for the actions of others. They are about holding them accountable for irresponsible, reckless behavior that leads to guns getting into the wrong hands. Bad dealers and the manufacturers who "wink and nod" at their practices should be accountable for the damage they do.

:banghead:

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SteppingRazor Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 03:05 PM
Response to Reply #3
4. Yes, someone who sells guns to a criminal should be held accountable....
but how is that Smith & Wesson's fault?
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LuckyTheDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 03:43 PM
Response to Reply #4
8. It depends
Do they knowingly sell to bad dealers? Does the manufacturer have ANY procedures in place to weed out bad dealers? Their liability would depend on what they do or don't do. As with any business, there should be "safe harbor" practices that are well understood.
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DemInDistress Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 03:11 PM
Response to Reply #3
5. Early last yr. in NYC a man ran over 11 people
some died.This guy was hell-bent on killing someone,should the auto
makers be liable?I dont approve of killing but why sue the people
with the deepest pockets for what someone did with their product.If I
poison you,should the makers of that poison be sued? Where does it end?
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LuckyTheDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 03:46 PM
Response to Reply #5
9. Straw man argument
Edited on Thu Oct-20-05 03:48 PM by LuckyTheDog
In that case, there were no reasonable steps the manufacturer could have used to keep the car away from the dude. But if GM or Ford sold to dealers whom they knew were re-selling cars to be used for, say, car bombing... well, then they might have a problem.
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DemInDistress Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 05:07 PM
Response to Reply #9
17. ok if I poison you and you die
CAN I SUE THE POISON MAKERS?
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LuckyTheDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 06:23 PM
Response to Reply #17
18. That's not it, either
You know very well that is not the case I am making here.
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DemInDistress Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 08:57 PM
Response to Reply #18
20. one more time..I steal your gun
and shoot your family shoulod you be allowed to sue the gun maker?
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LuckyTheDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 09:17 PM
Response to Reply #20
21. And once again
That's not even close to the case I was making. In the case you mention here, I see no reason why the gun maker would be liable. They legally sold me the gun.

THIS is what I am talking about:

A bunch of unscrupulous gun dealers play fast and loose with the rules. Their reckless practices allow street gangs to illegally obtain an arsenal that is used to terrorize large sections of cities. Those dealers should be subject to lawsuits from cities involved.

Now... imagine this: The gun maker KNOWS that such dealers exist. But it does nothing to screen out the bad gun dealers -- it takes a "don't ask don't tell" approach... or worse, a "wink and nod" approach. In fact, the gun maker might actually create weapons designed to be appealing to the customers of the rogue gun dealers. In such cases, the cities should be able to sue the gun makers.

Who can't should not be sued? Gun dealers and manufacturers who operate responsibly.

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LisaL Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 09:36 PM
Response to Reply #1
22. If a car maker sold you a defective product, you bet you could sue
them. For instance, if you car bursts into flames, you can sue a car manufacturer.
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LuckyTheDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 09:42 PM
Response to Reply #22
23. A better analogy
Edited on Thu Oct-20-05 09:44 PM by LuckyTheDog
A better analogy is this case is: should you be able to sue the car makers if they knowingly supply vehicles to dealers known to sell them to car bombers? The answer is... of course you should.

And you should be able to sue gun makers who give a "wink and a nod" to gun dealers who make money arming street gangs.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Oct-20-05 03:14 PM
Response to Original message
6. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
billbuckhead Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 03:28 PM
Response to Reply #6
7. DU is being NRAstroturfed by gun fanatics who wouldn't vote Dem
if we gave them free ammo. Until Dems start standing up to the NRA thugs ,we don't deserve to win.
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LuckyTheDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 03:53 PM
Response to Reply #7
11. Naah
Edited on Thu Oct-20-05 03:55 PM by LuckyTheDog
billbuckhead: Many Dems legitimately disagree re: guns. But I actually am not arguing for gun control here. I merely want that industry to be held to the same standards as all others -- no special treatment.
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Commie Pinko Dirtbag Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 07:58 AM
Response to Reply #11
25. NO! NO! IF YOU SAY ANYTHING BAD ABOUT GUNS YOU WANT TO BAN THEM!
RUSH TOLD ME SO! DDIRTY LIBRUL!!!!!111!1!11!11!!
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Greyhound Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 03:56 PM
Response to Reply #7
12. I'm pretty sure most NRA members don't vote dem because
they keep pissing them off. Lots of amerikans love guns, they're not going to change that so just get over it and get on with it.
It's like so many divisive issues that the dems love to talk about, instead of focusing on areas of agreement.
How do you think it been working so far?:banghead:
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billbuckhead Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 04:27 PM
Response to Reply #12
14. It's worked very well for thousands whom haven't died
In Virginia right now, the NRA is working against the Dems becuase they are in favor of keeping a law that allows only one pistol purchase a month. For this the NRA will support a Nazi like Kilgore over a Dem like Kaine who only wants to keep the status quo. Nothing is good enough for the gun lobby and their neoCon friends.
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Greyhound Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 04:51 PM
Response to Reply #14
16. So wouldn't the dems be far better off to move the firearms issue onto the
back burner and try to get some of those NRA votes so they can win? Standing on the outside shouting through the window just get the window closed on you.
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billbuckhead Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 07:31 PM
Response to Reply #16
19. The problem is that nothing less than no gun laws will satisfy the NRA
They are against Virginia's 1 hangun a month law enough to back a Nazi like Kilgore over a good Dem moderate like Kaine who only wants the status quo in gun regulation. Nothing satisfies these brownshirted NRA thugs.
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Commie Pinko Dirtbag Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 08:01 AM
Response to Reply #16
26. The back burner would be kinda crowded
what with abortion, gay rights, separation of church and state, minimum wage, war, and god knows what else already there.
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Greyhound Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 02:52 PM
Response to Reply #26
30. Abortion, separation of C & S, minimum wage and war are/should be
the front burner issues. Dems can gain majority support for those issues and bring the rest along.
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LuckyTheDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 03:47 PM
Response to Reply #6
10. Again
Edited on Thu Oct-20-05 03:51 PM by LuckyTheDog
All I am saying is that gun dealers and makers should act responsibly or face the consequences -- same as any other company.

The gun lawsuits have NEVER been about suing the industry for the actions of others. They are about holding them accountable for irresponsible, reckless behavior that leads to guns getting into the wrong hands.

I think bad gun dealers and the manufacturers who "wink and nod" at their practices should be accountable for the damage they do.

I have NO PROBLEM with law-abiding gun owners and responsible gun dealers.
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Greyhound Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 04:12 PM
Response to Reply #10
13. Refresh my memory, when was the last time DuPont was held accountable
for the poisoning of thousands? Or Union Carbide, Dow, Martin, Monsanto, ADM, Grumman, etc.?
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LuckyTheDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-20-05 04:32 PM
Response to Reply #13
15. They should be
Edited on Thu Oct-20-05 04:34 PM by LuckyTheDog
And, yes, in many cases, companies HAVE been held accountable for irresponsible actions. Does the tobacco settlement ring a bell? Have you looked up the history of the asbestos industry?

Why do the gun makers need special treatment?
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Fri Oct-21-05 07:48 AM
Response to Reply #10
24. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
DelawareValleyDem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 08:07 AM
Response to Reply #24
27. Actually , the judge's ruling states
Edited on Fri Oct-21-05 08:08 AM by DelawareValleyDem
that there is "clear and convincing evidence" that gun retailers are guilty of "careless practices.", and that NAACP members and potential members "did suffer relatively more harm from the nuisance created by the defendants through illegal availability of guns in New York". It also states that manufacturers have not gone far enough "to eliminate or even appreciably reduce the public nuisance they individually and collectively have created". Why the dismissal? Because the NAACP "failed, however, to show that its harm was different in kind from that suffered by other persons in New York."

Edited for a typo.
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maximovich Donating Member (407 posts) Send PM | Profile | Ignore Fri Oct-21-05 08:38 AM
Response to Original message
28. Gun Lobbyists Are Back
If you kill somebody with yur car... duh!

Notice how they use the apple vs. orange analogy to defend deregulation? And notice how they frame it as a political party agenda, "You are with us or against us", "the Dems will lose elections unless...". These numb nuts act as if they were being persecuted because the gun industry was being regulated.

Unless you are being payed to come here and post NRA propaganda, and half-truths, your efforts to twist facts and cow the rest of us, will be in vain. DU'ers are just not as gullible as you may think we are.

Go guilt somebody else into walking lock-step with this NRA Pro Gun Industry tripe and shove you straw man arguments where the sun don't shine.

Poor poor persecuted gun owners. The inconvenience of regulation. Oh... how they suffer for such a noble cause. Bullshit!
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Liberal In Texas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-21-05 08:50 AM
Response to Reply #28
29. What he/she said. Cars are not manufactured solely to kill. Gus are and
therefore the manufacturers should have a greater liability for the use of their products.

Government should be regulating corporations, not making them immune to redress or restitution.

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