Guns in America - An Expat's Thoughts

Greetings -
I live close to one of these gun-infested US cities often mentioned in news reports - Philadelphia. Last weekend, we had a mass shooting, plus the daily gun murders on the nightly newscast.
The city - controlled by Democrats - has tried to enact stringent gun laws for decades. However, the GOP-controlled state legislature always strikes down any local laws that try to strengthen our pathetically weak state laws.
With no movement seemingly possible on the sacred Second Amendment position, I would go another route to attack the problem. Thinking like a business person, I would change gun manufacturers’ risk/reward scenario. Currently, they are exempt from any product safety rules and - more importantly - immune from lawsuits with civil penalties.
If gun manufacturers were stripped of this immunity, they would be interested in who uses their guns. The next step: Gun owners should be required to get insurance on each of their weapons.
None of these measures “impinge” on anyone’s right to own these weapons of war.

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Taken from Defective Firearm Lawsuit and Attorney - The Law Center

“ The Protection of Lawful Commerce in Arms Act (PLCAA) outlines product liability as it relates to defective firearms. The PLCAA became federal law in 2005 mainly to prohibit civil liability against gun distributors, manufacturers, importers, or dealers of both firearms and ammunition for damages provoked by the misuse of their products by gun users. However, its code does hold manufacturers liable for injury, property damage, or death caused by a defect in the manufacturing or design of the firearm when it is used in the regular or reasonable manner in which it was intended for use. However, if the faulty discharge of the firearm was caused by an action that constitutes a criminal offense, then the liability is no longer on the designer or manufacturer.”

So about the same liability as Dacia have with my Duster. If the steering fails and I run some innocent bystander minding their own business on the pavement over and I can prove that this failure was due to poor design or manufacturing quality issue; it’s entirely reasonable that I or the injured party sue Dacia.

On the other hand, if I decide to run over everyone wearing a red shirt I see on my way home from the boulangerie, it’s completely unreasonable to blame Dacia in any way.

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At the hearing, I heard democrat Raskin quote Justice Scalia’s written majority ruling of the supreme court that……if I’ve understood it properly….

“nothing should cast doubt on long-standing prohibitions on the carrying of concealed weapons, possession of weapons by felons and the mentally ill, carrying weapons in schools or government buildings, and those laws imposing conditions and qualifications on the commercial sale of arms.”

When democrat Raskin quoted Justice Scalia’s ruling, no republican at that hearing took issue with him, so I assume the law is current and that Justice Scalia’s ruling is something the republicans in the Senate have no intention of discussing. Of what are they afraid?

The chairwoman of the hearing said that she’s inviting the CEOs of 5 top gun manufacturers to be heard and questioned at another hearing.

Maybe the gun manufacturers should be tackled in the same way as the tobacco industry and stop pushing out ads like this one.

I can’t help but think of the difference in the type of guns that were around when when the Second Amendment was passed and the assault weapons that are covered and allowed to be held in the hands of non military users.
Also, how skewed is the thinking of those who are anti abortion, but are quite willing for guns to be the main
cause of death of young people in the States.

In 1791 when the Second Amendment was ratified, it was less than a decade after the end of the Revolutionary War and the local militia and citizenry were armed exactly as the American Army and the British Army had been.

In fact, the American’s rifles, most held by civilians at the outbreak of the RW were greatly superior to the British Army’s Brown Bess Muskets.

Heaven help everyone if this leads to “the people” of America carrying
arms exactly as the American/British Army do now…

surely common sense will prevail… :roll_eyes: :crossed_fingers: :sob: :sob:

Don’t count on it Stella!