The attorneys for Elizabeth Shirley have reached a settlement in her case against a Kansas gun dealer.
The Baxter Springs dealers sold a shotgun to a straw purchaser — the grandmother of Shirley’s estranged husband — and the estranged husband then used the gun to kill himself and their 8-year old son, Zeus, in 2003.
You can read more about the sad case here.
“Bad apple” sounds so quaint. How about “criminally negligent”? The monetary damage might deter some bad gun sellers, but prison time would be an even better deterrent.
Bad apple, indeed. What a pleasant way to dismiss a crime.
What about the grandmother? If the dealer’s actions were criminal, (which may not have been the case in 2003 Kansas), then wouldn’t the grandmother’s participation, without which that particular sale never would have happened, been equally so?
I wonder the same.
“The Court of Appeals rejected the higher standard by saying that gun dealers may never make another sale if they are required to make sure the buyer has a gun safe, proper training or that the gun never is used for illegal purposes.”
With licenses, registration, and insurance required to purchase a car, why can’t they require proof of gun safe (could be registered in town/state along with any guns) and gun safety training (like a licensed operator) in any gun purchase?
Also, why can’t any purchaser be responsible for how the gun is used, unless reported missing or taken by someone not authorized by owner?
If the purchaser retains possession of the gun, they can be held liable for how the gun is used.
If the purchaser is not in possession of the gun, liability can be mitigated, depending on the circumstances.
Requiring ownership of a gun safe might be reasonable under certain conditions. But given the power of the gun lobby and the general impotence of gun control advocates….that ain’t gonna happen.
Licenses, registration, permits and insurance are reasonable provided certain requirements and protections for owners are met. Safety training is already on the books in some States…like Montana and Connecticut…for CCW permits. (Kansas had a chance but voted it down.)
We have to remember these are all controls placed on law abiding owners. In America, if someone wants a gun for a nefarious purpose…they can get one. No gun control law would have stopped Graham.
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