General Categories > Laws and Legislation
Ashford filed a civil liability bill
CitizenClark:
--- Quote from: Husker_Fan on January 11, 2013, 09:02:18 AM ---Yes, we do. We just don't have a separate statute for it. It's a tort issue and is addressed in case law. I'm not sure what the case law is for firearms, but it should be worked out as a matter of common law (case by case).
I'm all for holding gun owners responsible for not taking reasonable measures to secure their weapons, I just don't think a new statute will help.
--- End quote ---
What it does is exactly what Chris suggested: it makes it easier for plaintiff's attorneys to make out their prima facie case for negligence. The explicit language in the bill would allow attorneys to argue that leaving a firearm unsecured is negligence per se, something that offers a major shortcut for lawyers trying to prove all the elements of a negligence claim (i.e., duty, breach, causation, and damages).
FarmerRick:
This is what we get when self-serving lawyers are elected to craft the laws that govern the citizens.
No offense to any attorneys here... ;)
CitizenClark:
--- Quote from: FarmerRick on January 11, 2013, 12:15:12 PM ---This is what we get when self-serving lawyers are elected to craft the laws that govern the citizens.
No offense to any attorneys here... ;)
--- End quote ---
As an attorney, I hereby absolve you! :)
The same is true for "self-serving" anything, and of course it is true for the altruistic do-gooders, too. This is why government needs to be drastically reduced from it current bloated size. There should be a lot fewer laws and lot more reliance on free market solutions.
66bigblock:
--- Quote from: CitizenClark on January 11, 2013, 11:31:04 AM ---Yep, plus this will have a disproportionate effect on poor people who can't just drive over to Wal-Mart and spring for a $300 safe.
--- End quote ---
The words "safe" and "$300" cannot be used in the same sentence...
66bigblock
CitizenClark:
--- Quote from: 66bigblock on January 11, 2013, 02:20:02 PM ---
The words "safe" and "$300" cannot be used in the same sentence...
66bigblock
--- End quote ---
Meh. No protective measure is so secure that a determined person couldn't eventually bypass it. If you have enough goodies to warrant spending lots of money on a safe, good for you.
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