What did the gun dealer do? He sold 10 handguns (legally) to one person in 3 years. That person then sold the handguns (some of them at least) & one of them was used to kill a 7 year old boy.
The 7 year old was killed when another child found the handgun in question, pointed it at the 7 year old & pulled the trigger.
So naturally the family of the deceased sued the gun dealer who sold the gun to the person who sold it to another person who left it laying under a car where a child found it & used it to shoot another child. 3 persons removed from the negligent discharge resulting in wrongful death isn't enough to keep a gun dealer who never broke any local, state or federal laws from ponying up $850,000.
& assholes like Bill Scher claim immunity from frivilous lawsuits is not necessary for the firearms industry.
I understand the pressure the gun dealer must have been under: defending yourself from a lawsuit, even a ridiculous one, is very costly. It's possible that the gun dealer got off cheaper than he would have if he'd have fought the suit & won. But this settlement will do nothing but encourage those who would blame gun makers & dealers for the actions of negligent people & criminals. In the short term the gun dealer may be taking the best available option. In the long term however settlements like this do nothing to prevent these kind of lawsuits.
I'm not blaming the gun dealer for settling out of court as I'm sure this wasn't an easy thing for him to do on any level. What I would suggest is that all gun dealers & manufacturers pool their resources & fight every case like this that is brought against someone who obeys the (unconstitutional) laws & sells their wares legally. It would be expensive as hell over the short term, but it just might stop a lot of these lawsuits if several were dismissed for lack of merit in a few years time.
Sadly, the gun industry is not known for making tough stands so it will be each gun dealer for his/her self when these lawsuits are filed.
Posted by Publicola at August 25, 2004 02:20 PMWhile I'm with ya on this, and the Hobbesian Conservative (heck, there are over 150 firearms, not to mention mortars, grenades, etc in the Arsenal) my only question I'd like answered is... what kind of guns did the guy buy? 10 of the same thing, or 10 different weapons (gee, can you detect a collectors interest here?).
One of the things I, as a licensee, keep track of, is the attitude of local law enforcement, and my local fed LEO types. Simple self-interest.
But I can't keep an eye on the attitude of local lawyers...
Posted by: John of Argghhh! at August 25, 2004 07:09 PM