Posted on 01/19/2005 12:03:53 PM PST by scottybk
Note the first word - Among. That means there are others. A dealer is already required by federal law to conduct a background check on all purchases. So a manufacturer sells to a dealer who then does not perform a background check. The illegal act should rest solely on the dealer and no fault or blame should reside with the manufacturer.
Now lets look at the first case presented. Multiple purchases. A person walks in to the dealer and purchases a shotgun and a pistol on the same day (multiple purchase) and passes the background check. A few days later the person then goes out an breaks into someones home and kills them. As I see the explanation provided int he article, the dealer and possibly the manufacturer could be held liable.
Now substitute car. A person walks on to a car dealer's lot, buys a truck and a car, both of which are in working order, presents his drivers license and insurance and both check out ok, and then a week later kills someone while DUI. Is the dealer to blame?
Then watch bebe Cuomo and bebe Kennedy go after each other for AG.
"Among the rules that could hold a dealer or manufacturer liable are multiple gun sales to one person or sales at a gun show without performing a criminal-background check."
I may be wrong, but I think laws are already on the books that cover sales to persons without running background checks. However, I don't quite follow what they mean by multiple sales to one person. What constitutes muptiple sales? Is it more than one a month? If so, I think New York already has that one covered.
It looks to me like this is just more "Feel Good" legislation that doesn't accomplish anything, but it allows the local politicians to suck up to the gun control crowd.
See Post 48. This holds dealers NATIONWIDE liable to NYC laws!!!
The law will pass NY State Supreme Court muster and probably SCOTUS.
Hating guns is good politics in the blue areas of the blue states.
Bill won't last through the courts... political showmanship.
As for Bloomberg.. like it or not, he's gonna win re-election in a breeze.
There is no way this could pass a District Court of Scotus. Beyond the hating guns which is fashionable in Judicial Cicles, This will set legal precedent that the entire nation has to follow NYC guidlines or be held liable.
"See Post 48. This holds dealers NATIONWIDE liable to NYC laws!!!
NYC will play hell enforcing their laws in Lizard Lick, North Carolina.
Daschle let the gun manufacturers liability bill die a poison pill death last year. That legislation has GOT to be brought back up now, and rammed through. We have the horses in Congress now, no excuses. I'm going to write Thune tonight.
I think Prince Harry has one available.....
I think I read elsewhere that "Kimber" handguns are manufactured in NY state. They're a very high-end piece.
"It's a helluva party this Republican party. /s"
It's all high level strategery that us peons wouldn't understand. You see, when they say "I want an assault weapons ban" they don't really mean it. When George W. says "I will sign an assault weapons ban" he doesn't really mean it, it's just reverse psychology to throw the libs off. Your rights are safe, don't worry.
No, they are not responsible for someone else's actions. Unless of course you believe that the criminal is really the victim.
Mossberg is made there for sure, although they are not very high end...more the little guys weapon.
New York State has lost a lot of industry in recent years, for whatever reason. Don't know if it's taxes, unions, outsourcing or all three. Downtown Schenectady looks like a ghost town, Syracuse is losing companies too, although it's turning, weirdly, into a shopping haven. Upstate New York is a pleasant place, kind of sad.
Oh, no. The gun grabbering lawmakers always leave themselves exempt from the laws they pass for the masses.
Time to rattle my senator's cage about making a federal law protecting mfrs from the illegal use of a legal product.
Your assurances make me feel so much better. Thank you.
I think it might. If the law is written in such a manner as to place "reasonable" responsibilities on the maker in the path of distribution up to the lawful dealer, but not beyond, it may well pass.
Of course, this would set the wording and principle for drug manufacturers and retail drug outlets to be responsible for the overdose deaths of illegally obtained prescription drugs.
Therefor, if one is shot with an illegal gun, there will be no morphine in the hospital to relieve the pain. Perhaps the left should think twice about what it wishes for and the precedents they set.
If I was a big wheel in NY RKBA, I would start looking for the mother of a dead junkie that OD'd on Oxycontin and fund her suit against a drug company. Gun owners seeking protection from the Constitution and the 2nd Amendment is a waste of time and money.
Perhaps every member of your party in new york, should pass a resolution to dump him. I won't be surprised if the republican supporters of Bloomberg leave him to wilt in the sun. I don't believe that this guy should win the next election.
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