Originally Posted by
B Butler
Look, I get that you are a coward, an ammophobic. Fear of guns isn’t totally irrational. However, this fear is paralyzing your ability to understand the law.
As examples, I’ll use knives, pistols and cars as three types of objects that are manufactured, sold, repaired and used. Let’s assume that all three should be treated equally under law. I’ll assert that manufacturers, sellers, repairmen and users might all be subject to lawsuits if they are at fault. The faults are somewhat different depending on what role one is playing.
If a manufacturer uses faulty materials, shoddy workmanship, or the product otherwise fails to work as designed and advertised, he is subject to suit.
If the seller, notably of a used product, fails to note and advise the buyer of a fault or wear in the product he is selling, and injury results, he might be subject to suit.
If a repairman does not properly repair an product such that the product becomes dangerous to operate and results in injury, he is subject to suit.
If the user of the object through negligence or malice should cause an injury using some object, he is subject to suit.
I don’t think there is a disagreement on this? All of the above is and ought to be true of all products, including firearms?
What is unique about ammophobics is that they seem to believe that if the user is at fault one should be able to sue the manufacturer. If one drives a car into a crowd at speed, sue the auto maker? If someone uses match heads to build a pressure cooker bomb, sue the match and pressure cooker makers? Some ammophobics seem to think that before a weapon is manufactured, the factory should perform a full psychological profile of every individual who might conceivably come to own the weapon? Hey, I’m all in favor of background checks, but it’s law enforcement who should be maintaining the data base, and retailers who should be checking the data base before selling. If the process fails because the retailer doesn’t check the data base, sue the retailer. If the process fails because law enforcement’s data base was flawed, I could see suing law enforcement. That usually doesn’t work so well, but if the negligence is really there I won’t object to a suit.
But the basic point is that if an individual has done nothing wrong the courts shouldn’t be punishing them. If someone slips on a bar of soap, does one sue the company that made the soap? You could try, but that would be a junk suit that should be dismissed with contempt.
From my perspective, it is the ammophobics who want to treat firearms differently than how every other manufactured, sold or maintained object is treated.