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One more gun discharge

I don't think so.

I knew you would. Colorado passed a law where roommates or family members can go to a judge and swear under perjury that someone is a threat. Police the investigate and report to the court. If the court feels the person represents a substantial risk, their guns are seized for a year or until the person submits evidence they are not a risk.

About half of Colorado's sherrifs say they will refuse to enforce.
 
I knew you would. Colorado passed a law where roommates or family members can go to a judge and swear under perjury that someone is a threat. Police the investigate and report to the court. If the court feels the person represents a substantial risk, their guns are seized for a year or until the person submits evidence they are not a risk.

About half of Colorado's sherrifs say they will refuse to enforce.
As long as there is due process and those falsely accused of being a threat can get their guns back, I'm good with it.
 
This:

"Nobody understands the situation. We're probably one of the safest families around as far as weapons," Tim Gunter told The Greenville News less than 24 hours after the shooting.
Reminded me of this:

My point in posting these is to shine a light on the broad irresponsibility. America's gun culture needs to change. "Banning" specific weapons might be part of the answer, but is far from the full solution. First and foremost in that effort, in my estimation, is to call the bluff on the myth of widespread responsible gun ownership. Among other things on that note, and only a minor step, I'd propose legislation that requires the temporary or permanent forfeiture of weapons in the wake of irresponsible weapons handling.

Edit: Most people I know today own weapons. I do believe the majority of them are responsible, but not all of them, and even ones generally responsible should be able to face the existence of required responsibility without losing their minds and be better off for it.
 
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My point in posting these is to shine a light on the broad irresponsibility. America's gun culture needs to change. "Banning" specific weapons might be part of the answer, but is far from the full solution. First and foremost in that effort, in my estimation, is to call the bluff on the myth of widespread responsible gun ownership. Among other things on that note, and only a minor step, I'd propose legislation that requires the temporary or permanent forfeiture of weapons in the wake of irresponsible weapons handling.

Edit: Most people I know today own weapons. I do believe the majority of them are responsible, but not all of them, and even ones generally responsible should be able to face the existence of required responsibility without losing their minds and be better off for it.
There’s nothing wrong with “gun culture” in America.
 
There’s nothing wrong with “gun culture” in America.
Great, everybody has an opinion. It just so happens your opinion is conclusory, disengaged from further conversation, dismissive of pointless deaths, and fails to address the multiple concerns raised in this thread and elsewhere. But you may well have more you’re not sharing.
 
My point in posting these is to shine a light on the broad irresponsibility. America's gun culture needs to change. "Banning" specific weapons might be part of the answer, but is far from the full solution. First and foremost in that effort, in my estimation, is to call the bluff on the myth of widespread responsible gun ownership. Among other things on that note, and only a minor step, I'd propose legislation that requires the temporary or permanent forfeiture of weapons in the wake of irresponsible weapons handling.

Edit: Most people I know today own weapons. I do believe the majority of them are responsible, but not all of them, and even ones generally responsible should be able to face the existence of required responsibility without losing their minds and be better off for it.
There’s nothing wrong with “gun culture” in America.
There’s nothing wrong with 2 year olds getting shot and killed I guess? There’s plenty wrong with gun culture in the US and the people that refuse to admit it or do anything about it.
 
Great, everybody has an opinion. It just so happens your opinion is conclusory, disengaged from further conversation, dismissive of pointless deaths, and fails to address the multiple concerns raised in this thread and elsewhere. But you may well have more you’re not sharing.

Your postings in this "One more Discharge" thread are as a vacuous as those points you assign to the "gun culture". You said your purpose was to shine a light on irresponsibility. Well yeah. But irresponsibility is a fortiori a cultural outlier. It isn't part of the gun culture.

I give you one point though, the gun culture stands in the way of meaningful policy responses to this problem. But the gun culture is not alone. The gun control culture is the same. I listened to a Kamala Harris speech this morning. She said in the America she wants, youngsters won't have to go to school in fear because she will ban assault weapons and impose universal background checks. Well, those measures wouldn't have stopped many of the mass shootings. In some instances where we have control measures in place, (Southern Springs Church) armed guards present, (Parkland) or ample warning signs from the mass murderer, (Fort Hood) for one reason or another, those measures failed.

There is, however, a measure that makes sense and has proven effective in other contexts. We need to increase the economic risks on those who manufacture and sell weapons. As I've said a gazzilion times, we need to repeal the immunity laws. I've heard two gun control advocates speak about this. Hillary Clinton who was typically dishonest about her description of the issue. And Jason Crow, a rookie Democrat from Colorado. Crow was so inept that the talk show host who interviewed him made Crow look like a dumbass on the immunity point. Repeal won't happen overnight. But it won't happen at all if we don't seek it. Had the administration and other gun control advocates started this discussion after Sandy Hook, (as I suggested here) we might be where we need to be now. The gun control advocates can't get past the reactionary response that we need more laws and regulations to fix this, not one fewer law. More law is in their DNA.

And does the lack of civil immunity work? Yes. Ask the opioid dispensing industry. The prescriptions are declining at a pretty good clip. But the void is being filled by easily produced fentanyl which is pouring across our border from Mexican and South American producers. But that is another problem.
 
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There’s nothing wrong with 2 year olds getting shot and killed I guess? There’s plenty wrong with gun culture in the US and the people that refuse to admit it or do anything about it.
The only response I’ll offer to this nonsense is to point out that it doesn’t deserve one.
 
Great, everybody has an opinion. It just so happens your opinion is conclusory, disengaged from further conversation, dismissive of pointless deaths, and fails to address the multiple concerns raised in this thread and elsewhere. But you may well have more you’re not sharing.
My opinion is by nature conclusory, as opinions tend to be. I’m not averse to further conversation, I’m not dismissive of any gun deaths, and you haven’t raised any concerns. You opined that responsible gun owners are a myth and then edited to say, other than the ones you know.

That doesn’t make a lot of sense.
 
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My opinion is by nature conclusory, as opinions tend to be. I’m not averse to further conversation, I’m not dismissive of any gun deaths, and you haven’t raised any concerns. You opined that responsible gun owners are a myth and immediately edited to say that they’re not really a myth.
You misunderstood my edit. I think the notion of widespread responsible gun ownership is indeed a myth.

I think the absence of consequence for deaths like the one in my last post is obviously a concern so you’re wrong that I’ve not referenced any concern.

I think the grandfather chalking his grandson’s death up to the kid’s inquisitiveness is totally wrong and an indicator of the gun culture. I think his misapprehension that he and his wife are totally responsible and safe when it comes to gun ownership is totally wrong and an indicator of the gun culture. Gun owners who neither feel nor take responsibility or accountability contribute to a grave sloppiness as part of our gun culture. And so on and so on.
 
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You misunderstood my edit. I think the notion of widespread responsible gun ownership is indeed a myth.

I think the absence of consequence for deaths like the one in my last post is obviously a concern so you’re wrong that I’ve not referenced any concern.

I think the grandfather chalking his grandson’s death up to the kid’s inquisitiveness is totally wrong and an indicator of the gun culture. I think his misapprehension that he and his wife are totally responsible and safe when it comes to gun ownership is totally wrong and an indicator of the gun culture. Gun owners who neither feel nor take responsibility or accountability contribute to a grave sloppiness as part of our gun culture. And so on and so on.
I mean, obviously that family was careless in its handling of their guns. I don’t think anyone would debate that.

I’m not sure punishing them on top of what they’re already going through would do any good. They’re pretty devastated, as anyone would be.

Nor do I think it would be much of a deterrent. No one thinks it will happen to them, just like no one thinks their toddler will wander into the pool and drown.
 
I mean, obviously that family was careless in its handling of their guns. I don’t think anyone would debate that.

I’m not sure punishing them on top of what they’re already going through would do any good. They’re pretty devastated, as anyone would be.

Nor do I think it would be much of a deterrent. No one thinks it will happen to them, just like no one thinks their toddler will wander into the pool and drown.
Can we make them forfeit all their weapons?
 
As long as there is due process and those falsely accused of being a threat can get their guns back, I'm good with it.

The problem with the law is the burden of proof is on the wrong side. I’m okay with due process coming after the seizure. I think a pre-deprivation due process would be too unwieldy given the often exigent circumstances. But after the seizure, the authorities should have the burden of proving the gun owner is a nutcase. The owner shouldn’t have to prove he’s normal.
 
Your postings in this "One more Discharge" thread are as a vacuous as those points you assign to the "gun culture". You said your purpose was to shine a light on irresponsibility. Well yeah. But irresponsibility is a fortiori a cultural outlier. It isn't part of the gun culture.

I give you one point though, the gun culture stands in the way of meaningful policy responses to this problem. But the gun culture is not alone. The gun control culture is the same. I listened to a Kamala Harris speech this morning. She said in the America she wants, youngsters won't have to go to school in fear because she will ban assault weapons and impose universal background checks. Well, those measures wouldn't have stopped many of the mass shootings. In some instances where we have control measures in place, (Southern Springs Church) armed guards present, (Parkland) or ample warning signs from the mass murderer, (Fort Hood) for one reason or another, those measures failed.

There is, however, a measure that makes sense and has proven effective in other contexts. We need to increase the economic risks on those who manufacture and sell weapons. As I've said a gazzilion times, we need to repeal the immunity laws. I've heard two gun control advocates speak about this. Hillary Clinton who was typically dishonest about her description of the issue. And Jason Crow, a rookie Democrat from Colorado. Crow was so inept that the talk show host who interviewed him made Crow look like a dumbass on the immunity point. Repeal won't happen overnight. But it won't happen at all if we don't seek it. Had the administration and other gun control advocates started this discussion after Sandy Hook, (as I suggested here) we might be where we need to be now. The gun control advocates can't get past the reactionary response that we need more laws and regulations to fix this, not one fewer law. More law is in their DNA.

And does the lack of civil immunity work? Yes. Ask the opioid dispensing industry. The prescriptions are declining at a pretty good clip. But the void is being filled by easily produced fentanyl which is pouring across our border from Mexican and South American producers. But that is another problem.
The one constant in the mass shootings is the presence of SRIs and/or the broad spectrum of psychiatric amphetamines. As this becomes more widely exposed, something might be done about it.
 
The problem with the law is the burden of proof is on the wrong side. I’m okay with due process coming after the seizure. I think a pre-deprivation due process would be too unwieldy given the often exigent circumstances. But after the seizure, the authorities should have the burden of proving the gun owner is a nutcase. The owner shouldn’t have to prove he’s normal.
I agree.
 
Can we make them forfeit all their weapons?
Again, what good will that do now?

Besides, they already said they’re getting rid of at least the gun that was used. I’m confident in saying they’re gonna be extremely careful moving forward, if they even have guns at all.

You’re proposing punishing the family for having a terrible accident which already cost them more than they can ever repay. That seems reactionary and unfair to me.
 
The one constant in the mass shootings is the presence of SRIs and/or the broad spectrum of psychiatric amphetamines. As this becomes more widely exposed, something might be done about it.
Absolutely. Almost EVERY SINGLE TIME.

It should be a much larger part of the conversation than it is.
 
Again, what good will that do now?

Besides, they already said they’re getting rid of at least the gun that was used. I’m confident in saying they’re gonna be extremely careful moving forward, if they even have guns at all.

You’re proposing punishing the family for having a terrible accident which already cost them more than they can ever repay. That seems reactionary and unfair to me.
I think some accountability is only fair. And it doesn’t stop with just this family. Over the broader sweep, the notion of greater accountability (and avoidance of harm) is warranted. That’s the gun culture piece. Shrugging our shoulders hasn’t worked.
 
Again, what good will that do now?

Besides, they already said they’re getting rid of at least the gun that was used. I’m confident in saying they’re gonna be extremely careful moving forward, if they even have guns at all.

You’re proposing punishing the family for having a terrible accident which already cost them more than they can ever repay. That seems reactionary and unfair to me.

Would this thinking hold for items other than a gun? If they had a known dangerous dog that mauled the child? If they left legattly obtained opioids in a spot the child got to? If they left a running chainsaw unattended? If they left the child in a car on a hot day?
 
I think some accountability is only fair. And it doesn’t stop with just this family. Over the broader sweep, the notion of greater accountability (and avoidance of harm) is warranted. That’s the gun culture piece. Shrugging our shoulders hasn’t worked.
And by the way, I might say something similar about the corporate raider mindset. Many of us say we don’t want more government regulation, especially when it’s burdensome and ineffectual. But much of that regulation would be unnecessary if more leadership interests took care of the problems on their own. Instead, far too many corporate leadership voices have adopted the corporate raider/exploiter mindset as if it were a necessary Adam Smith incontrovertible truth of business. It’s obviously not. That’s partly why I question why so many cede ground to the notion that just Republicans can speak for business interests. That too is simply not the case. It’s part of the propagandized fog of corruption and broken ideology.
 
I think some accountability is only fair. And it doesn’t stop with just this family. Over the broader sweep, the notion of greater accountability (and avoidance of harm) is warranted. That’s the gun culture piece. Shrugging our shoulders hasn’t worked.
Accountability to who?

It was an accident.
 
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The one constant in the mass shootings is the presence of SRIs and/or the broad spectrum of psychiatric amphetamines. As this becomes more widely exposed, something might be done about it.

I think they are over prescribed. But does the commonality with those drugs suggest the drugs are the problem or that the reason for the drugs is the problem. Gun violence is a complicated mess which too many politicians want to address with sound-bites and bromides. This is one reason I don't want the government's thumb on the assignment of risk scale. Get rid of the immunities for producing unnecessarily dangerous weapons, let the risks follow the product, and let's see if the industry thinks the mass production and the essentially unrestricted selling of these guns is worth the risk.
 
Would this thinking hold for items other than a gun? If they had a known dangerous dog that mauled the child? If they left legattly obtained opioids in a spot the child got to? If they left a running chainsaw unattended? If they left the child in a car on a hot day?

It's all about forseeability. A known dangerous dog has a different standard of care attached to it than a dog that never hurt a flea. As we discussed in another thread, I don't think you can codify forseeability and a reasonable standard of care. That is always a case by case determination.
 
It's all about forseeability. A known dangerous dog has a different standard of care attached to it than a dog that never hurt a flea. As we discussed in another thread, I don't think you can codify forseeability and a reasonable standard of care. That is always a case by case determination.

I think foreseeable is a good point. And my point is that guns should be covered exactly like any other object.
 
I think they are over prescribed. But does the commonality with those drugs suggest the drugs are the problem or that the reason for the drugs is the problem.
Not prescribing the drugs alone doesn't cure depression. The problem is twofold: the drugs don't cure depression and their side effects relevant to mass murder are 1) the SRIs block emotional response, thus no compunction for killing and 2) the amphetamines spur the otherwise inactive (depressed) individual to action. In many cases, this outcome is considered okay, a person is detached from his depressed feelings (along with other feelings) so that spurring him to action doesn't spur him to commit suicide. In other cases, the individual is mildly violent (as in the case of one poster here who responded to me once that before he was apathetic, now he'd like to punch me in the nose). In the worst case, the individual's spur to action is unmitigated and unremorseful violence.

So the answer to your question is yes, the drugs are more or less directly related to the rise in violent outcomes.

This doesn't broach your solution.
 
Get rid of the immunities for producing unnecessarily dangerous weapons, let the risks follow the product, and let's see if the industry thinks the mass production and the essentially unrestricted selling of these guns is worth the risk.
Legally, I don't consider myself qualified to respond to your solution but my gut response is that the law profession is already far too excessive in incorrectly assigning responsibility. The gun owner is responsible for the gun. An auto manufacturer is responsible for malfunctions in the car but not for an appropriately operating car that the owner drives over a pedestrian.
 
Legally, I don't consider myself qualified to respond to your solution but my gut response is that the law profession is already far too excessive in incorrectly assigning responsibility. The gun owner is responsible for the gun. An auto manufacturer is responsible for malfunctions in the car but not for an appropriately operating car that the owner drives over a pedestrian.

Suppose cars came with no mechanism to stop anyone from entering and starting them. Then let's say children were hopping in and driving off in cars, and killing themselves or others. Do you think car manufacturers would be sued?
 
Suppose cars came with no mechanism to stop anyone from entering and starting them. Then let's say children were hopping in and driving off in cars, and killing themselves or others. Do you think car manufacturers would be sued?
Yes.

If a car that can be locked and requires a key to start is left unlocked with the key in the ignition and a child climbs in and kills people with it, do you think the car manufacturer should be liable?
 
Yes.

If a car that can be locked and requires a key to start is left unlocked with the key in the ignition and a child climbs in and kills people with it, do you think the car manufacturer should be liable?

No. Now do most guns come with locks to prevent someone other than the owner from firing it as a car does? My car even warns me if I leave the keys in it and locks the doors 30 seconds or so after i leave it.
 
Legally, I don't consider myself qualified to respond to your solution but my gut response is that the law profession is already far too excessive in incorrectly assigning responsibility. The gun owner is responsible for the gun. An auto manufacturer is responsible for malfunctions in the car but not for an appropriately operating car that the owner drives over a pedestrian.

While the civil justice tort system isn't perfect it does materially improve the safety of all of us in a number of ways. The "law profession" only creates and makes arguments--on both sides, the judges, juries and appellate judges adopt or reject the arguments.
 
Yes.

If a car that can be locked and requires a key to start is left unlocked with the key in the ignition and a child climbs in and kills people with it, do you think the car manufacturer should be liable?

It used to be that the you didn't need to have your foot an the brake to move a shift lever from park to neutral. Now you do. This is a response to kids and pets shifting cars from park and the injuries that caused. Negligent design is a thing.

Edit: Here is a homework assignment.

The appropriate test to apply in such a suit is whether the product is unreasonably dangerous when used in the intended manner. This test includes an analysis of many factors, such as the usefulness of the product and a cost-benefit analysis of additional safeguards. This analysis requires an examination of the facts of the case and is usually left to the jury. The motion for summary judgment was erroneously granted. Reversed and remanded.
Because of the federal immunity laws, we cannot apply this test to semi-auto guns and high velocity ammo being sold basically without restrictions.
 
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