I just read the first comment to my
post below,
started to reply to it, and decided to make a blog entry instead.
At this point, calling your senator doesn't matter - opponents of the bill
attached a "poison-pill" amendment (extension of the Assault Weapons Ban), and
the entire bill was killed to prevent the AWB from being extended.
As for the rest of csuperman7's screed, does the manufacturer of any weapon (down to
kitchen knives) bear responsibility when their product is being used to kill
someone illegally. Remember, there are times in this country when you can
legitimately kill someone (usually when the person you kill is breaking the law
himself).
For that matter, is Ford responsible when a bank-robbery getaway driver uses a
Taurus to evade the police (especially if he kills or wounds someone in the
process)? I use this analogy because it is an example of a legitimate product
being used for its designed purpose in a crime. The criminal committed the crime
- using a tool that has legitimate uses. Why punish the manufacturer for making
a legal product?
From csuperman7: "If a company sells a gun without a background
check to some random person and that person kills someone, isn't that
negligence? If it were an individual, not a company you could put the seller
away for years (illegally selling a firearm, willful neglect to murder, or with
a good DA even manslaughter."
Yes, it is negligence. Furthermore, it is already illegal for a company or a
individual who is determined to be a firearms dealerĀ to sell a gun without
a background check. The BAFTE makes that determination, BTW, so the ballyhooed
gun-show loophole is a red herring (if the BATFE decides you are a gun dealer,
you need to do background checks, no matter where you sell the guns). The laws
already exist to prosecute individuals and corporations who do such a thing. And
the recent immunity legislation would not have changed that in the slightest,
being targeted at civil actions.
I saw an episode of Law and Order a while back where the premise was that a
misogynistic nursing student obtained a semiautomatic weapon, converting it to
fully automatic via instructions he got at a gun show, and mowed down a class
trip of female nursing students. It turned out he had obtained the weapon via a
mail-order deal in PA by identity theft. The killer talked the seller into
sending it directly to the killer (instead of to a local gun store for pick-up;
as the law requires for identity verification). This action by the
mail-order gun dealer is illegal. When confronted with this by the
investigators, the dealer tells a sob story (if he gets his license lifted, he
loses his house) and says all the BATFE will do to him is slap his wrists. Come
the trial, the killer cops a plea - leaving the DA unsatisfied. So the DA comes
up with the "selling too many guns" theory, and proceeds to prosecute the
manufacturer for manslaughter or murder (I forget which). At this point, I gave
up on the show and switched off. What I want to know is, why didn't anyone
prosecute the gun dealer who broke the law.
Which brings me to my point - why aren't the responsible authorities
prosecuting the small number of dealers who sell firearms fraudulently?
Supposedly a very small fraction of firearms dealers sell most of the firearms
recovered from use in a crime. Why aren't these dealers pursued by the agents of
the law in criminal court? (as opposed to interested 3rd parties in civil court
- most of whose suits have been thrown out by those courts).