2016 Postmortem
Related: About this forumBackground checks and restrictions on weapons sales might have prevented Sandy Hook
Corporate liability could not have prevented it.
awake
(3,226 posts)The guns were bought by his Mother I believe.
Ken Burch
(50,254 posts)they might have.
While I despise most gun manufacturers, they rarely have any way of knowing who's going to buy the guns.
awake
(3,226 posts)hack89
(39,171 posts)the present criteria is pretty cut and dried - there is no way in hell background checks will become a subjective "I don't like your beliefs so you can't have guns" system. I know that is a gun control fantasy but it will never pass constitutional muster. We learned our lesson during Jim Crow about the dangers of subject and capricious limits on civil rights.
Lizzie Poppet
(10,164 posts)Nor do they have access to a person's purchase patterns, medical records, etc.
bettyellen
(47,209 posts)Especially since they are usually used on other family members- intentionally or not.
TheBlackAdder
(28,205 posts).
The mother is the one who knew her son, and yet she allowed this situation to unfold.
The problem is, the mother does not have deep pockets.
.
Ken Burch
(50,254 posts)We all feel deeply about the pain these families went through.
Even if liability legislation had passed(btw, it didn't lose on Bernie's vote...there was a solid majority against that bill and that would not have changed based on Bernie changing his position) this is a country where corporations virtually never lose in the courts.
Restrictions on sales of semiautomatic weapons is much more likely to prevent nightmares like Sandy Hook from repeating themselves in the future.
Lizzie Poppet
(10,164 posts)The weapon was legally purchased, which would have required a background check, and had been in possession of its owner for some time. It wasn't transferred to the shooter; he stole it (and killed her with it).
A prior restriction of that type of weapon might have prevented it, but given that there are millions of such rifles already in circulation, even that's doubtful.
But corporate liability wouldn't have accomplished anything, either. Such suits are shameless dodges of the democratic process and/or attempts to monetize grief.
DrDan
(20,411 posts)gun makers seem to stand out, don't they?
Ken Burch
(50,254 posts)Smaller gunmakers were the ones Bernie was concerned with...the ones who don't usually make the kinds of weapons used at Sandy Hook.
And in order to hold gun manufacturers liable, you would have to prove that they had reason to assume their weapons would be used as the weapons at Sandy Hook were used. That would be difficult, if not impossible, to prove in court.
I would like to see the makers of this type of weapon put out of business, but it's absurd to suggest that liability legislation would have achieved that goal OR prevented the massacre that day.
Remember, we live in a country where corporations, in general, almost never lose in civil or criminal court.
DrDan
(20,411 posts)we don't have it elsewhere, and the issues resolve themselves.
Why do they get a free ride in (or not in) court and a breathe-easier approach when considering distribution channels?
aikoaiko
(34,170 posts)So not even restrictions helped -unless someone wants to make the case that not having a bayonet lug on the rifle somehow prevented deaths.
And not background checks either since the owner, the mother passed.
But you're right that PLCAA had nothing to do with helping or hindering the shooter.
mythology
(9,527 posts)If lawsuits put pressure on gun manufacturers to add biometric safety features, Adam Lanza may not have been able to fire the guns. If pressure were put on gun manufacturers to limit clip size, Lanza would have had to reload more would have had the chance to escape as reports have indicated 6 kids did.
So no you can't say that being able to sue gun manufacturers for failing to enact safety features that it wouldn't have prevented or lessened the number of victims.
In fact the opposite is more likely as cars are safer today based on traffic fatalities and car manufacturers had to be dragged into safety by people like Ralph Nader suing them and putting pressure on the government to be in charge of car safety.