Quote:
Originally posted by Tophat665
And that is where we are going to disagree. My take is if you produe a lethal product, you have a higher standard of responsibility, and if you don't then you should, and if congress won't do it, then I'll take an activist court.
But, even if you are correct, let it be litigated and that way the question gets answered, because it will go all the way up to SCOTUS if the gun makers lose.
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The problem I have with this argument is that "lethal" can be applied to many products; it all depends on how they are used.
Baseball bats, tire irons, kitchen knives, all can be lethal weapons when used as such.
I know I know, your argument is that guns are the only of these intented only for killing.
But that isn't true.
I knife is intented to separate material from other material (cutting). It is
what it is that we are cutting that determines if the use is illegal.
Similiarly, a gun is intented to throw a piece of metal (a bullet) at high speed. So, it is
what we are throwing that piece of metal at that determines if the use is legal.
So in the end, if the knife doesn't break because of poor workmanship, the gin isn't contaminated at the plant, the car is designed so it doesn't blow up, the gun is built so it doesn't explode, etc., the responsibility is with the person who misuses the item, NOT with the manufacturer.