Sunday, March 23, 2003

Two NJ police officers have filed suit against a retailer & a manufacturer of firearms. They claim faulty distribution practices allowed a career criminal to obtain the gun used to shoot them. A West Virginia trial judge, Irene Berger refused to dismiss the lawsuit.

"Gun manufacturers and gun dealers have known for years that their negligent conduct is the key that opens the door to the lucrative illegal trade in firearms,' said Jonathan Lowy, Senior Attorney with the Brady Center's Legal Action Project."

Actually what makes the 'illegal' firearms trade lucrative is the law itself. When you outlaw or otherwise restrict any consumer good then you inflate the price of those goods that are purchased & distrubuted outside the law. I have heard of 100% to 400% inflation on the 'street prices' of guns compared to comparable moedls sold by federally licensed dealers.

"Judge Berger emphasized that guns are particularly dangerous products and that it is reasonable to place the burden on gun manufacturers and sellers to reduce the risk of sales into the illegal market."

Actually the burden of preventing crime should be on law enforcement & the judiciary, not businesses that sell a legal product according to mandates layed out for them by federal law.

By allowing this case to proceed the judge does a disservice to to us all. As pointed out over at the Volokh Conspiracy if alcohol were the product in question perhaps the case would have been dismissed.

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