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Using Legal Precedent to Prevent Mass shootings

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By Rich Stevenson ©August 18, 2019

Interim Acting Male Co-Chair of the USAIVA and the Jefferson County KYIVA

 

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IVA LeadershipDamages: The lack of new gun safety ideas from establishment Democrats and Republicans for the past sixty (60) years is unforgivable. They do nothing for gun safety to avoid offending their campaign contributors, the NRA and gun owners, sellers and manufacturers. Their lack of action is totally unacceptable. I propose a totally new approach to gun safety. We could use legal precedent and existing law to make the gun culture responsible for all civil damages caused by the use of guns, firearms, in our society. Irresponsible, criminal use of guns will decline. Strict or absolute liability for damages will end mass shootings with no consequences for all the entities who made the shooting possible. Gun owners, gun sellers, and gun manufacturers. Gross negligence may also make those entities criminally responsible. Public safety will become the first priority.

 

Absolute or Strict Liability:

"Absolute' or 'strict' liability protects everyone from unfenced swimming pools and from drunk drivers since laws changed acceptable behavior by owners of unprotected unfenced swimming pools or by reckless drunk drivers. Dangerous products such as explosives are also subject to 'absolute liability' laws. Guns deserve the same treatment. We need to assign responsibility for the damages done by the negligent and intentional misuse of guns. Guns, firearms, are an inherent threat to human life and safety. Guns are 'dangerous instrumentalities.' #NeverAgain! We are far past the time we need to end episodes of mass murder and gun violence in America.

"Gun culture and gun ownership are totally unrestrained in our society, unlike most of the advanced nations of the world. Episodes of mass murder by guns is nearly unknown in the rest of the civilized world. The frequency of mass murder is increasing in frequency in the media rich gun culture of the United States. We can make our people safe from epidemic gun violence. Such episodes can become rare or unheard of in our schools and in public places. 

"When 'Strict Liability' on gun owners, dealers and manufacturers is passed every gun owner, dealer and manufacturer will insist on thorough 100% background checks. Gun Safety will be at its highest possible level when all 50 States have passed "Red Flag Laws," risk-protection orders, to take guns from high risk subjects who are threatening suicide or the murder of other persons. All these legal measures can be accomplished without removing Constitutional 2nd Amendment rights to gun ownership. Exposure to 'strict liability' will change behavior. Gun show and private sales loopholes need to be closed for the law to be fully effective." Richard Stevenson.

The Second Amendment:

I am convinced by the study of history that our freedom has been maintained partially by our second amendment rights to own and keep arms. That right has prevented would-be dictators from having an easy target. We must be "armed" against our own government to ensure freedom and self-government.

We no longer have a population with universal military training in gun safety, either male or female. With a population untrained in gun safety and four hundred million (400,000,000) unregistered firearms in private hands, we have a tremendous potential for disaster. In addition, "Virtually-trained" expert snipers and assassins, our own computer-game playing children, increase the disaster potential and the number of real incidents of tragic deaths in our schools and in our neighborhoods.

We need more than standard worn-out Democratic and Republican positions on gun legislation, which offer no solutions. To satisfy all sides, we need to protect and ease the ability of our citizens to own arms for self-defense and to maintain freedom. At the same time, we must do thorough universal background checks on the sale, trading or re-selling of arms to new owners. (Top of Page)

 

Tort Law Reform: In addition, the "dangerous instrumentality" and "attractive nuisance" doctrines in tort law should be applied to the owners, sellers and manufacturers of all guns, and "strict" or "absolute" liability for harm caused should be imposed upon gun owners, sellers and manufacturers for all damages caused by each gun. The law could be passed now if Congress could muster up the courage to write and pass the necessary legislation:

New Law: The Absolute Liability for Firearms Civil Damages Act.

Registration or licensing would best establish ownership to hold gun owners, sellers and manufacturers responsible for legal damages under civil law. Gun owners would be motivated to greater care and control of their firearms. Sellers would be motivated to take greater care and control in making all sales. Manufacturers would be motivated to improve and create gun safety features for all new guns, plus create add-ons to improve the safety of existing guns. We would all be safer from gun violence. To increase awareness of gun safety we could use the expertise of the NRA for gun safety training. *

* I am not a member of or associated with the NRA in any way. The NRA could become a positive influence for helping to solve gun problems. 

Gun Safety Education: A substantial gun safety program should be completed before purchase of any firearm. The buyer must be aware of the tremendous potential for harm of real weapons. The primary rule of gun safety must be engraved into the buyer's brain: treat all weapons as if they are loaded and never point any real weapon at a living target unless you intend to shoot the target.

(Top of Page)

A gun safety requirement could become part of public safety studies in high school much like driver's education. Course completion could qualify the student to own a gun. The NRA also has a gun safety awareness presentation for primary school children that could save many young lives.

Adequate Time for Background Checks: Abandon the pointless argument over one to three day waiting periods. My experience in investigation indicates 90-days would help ensure that all background checks are thoroughly completed to fulfill the high duty owed to public safety. We must have a reasonable waiting period to consider information that may indicate the need of a "Red Flag Law" denial of a gun sale or the temporary taking away of other guns already owned. Human and technical errors can also make one to two day electronic-only investigations inadequate. In addition, follow-up on developed leads may be needed in some cases. Our duty to protect innocent lives is clear. We need to establish public gun policies and laws that will satisfy the diverse needs of all interested parties.

 

Demand Absolute Liability for Gun Damages: Raise your voice. Tell your representatives you want Absolute Liability applied to all gun owners, sellers, and manufacturers. Demand the writing and passage of The Absolute Liability for Firearms Civil Damages Act. Send them a copy of this article. Threaten them with losing your vote, or with voting for their replacement. Sign the "Never Again" Proactive Voter Pledge to demand an end to gun violence:

http://cs2pr.us/NAProactive_Pledge.pdf

Send a signed copy to all of your representatives. (Top of Page)

 

We must take power from (and within) the D and R parties to have open elections so all voters have a voice in all elections. Elect proactive candidates we put on the ballot to defeat establishment D and R candidates. Occupy Elections. Everybody Vote! “We must become proactive good citizens to have a voice in public policy.” Sign the pledge. OCCUPY Print/Share

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rls/published August 18, 2019

edit: August 18, 2019; July 11, 2022; June 29, 2023; July 4, 2023

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