Manufacturers of firearms are once again under attack, and this time they're being charged with murder. On Nov. 20, a federal appeals court reinstated a California lawsuit claiming that gun makers are responsible for crimes committed using the weapons that they manufacture.
The families of victims killed in a Jewish daycare center in Los Angeles have alleged that the manufacturer, wholesaler and distributor of the firearm used must share the blame for the loss of the loved-ones. This gun, purchased and used by a white supremacist, was initially sold to a police department in the state of Washington.
While The Spectrum questions the place of guns in society as a whole, gun manufacturers must not be held accountable for providing citizens with a means to exercise their Second Amendment rights.
According to CNN, the attorney for Glock, Inc., one of the production companies being sued, asked jurors, "How are we supposed to monitor a gun after we sell it to a law enforcement agency?" His point is valid. It is unfair to charge the manufacturer with the responsibility of tracking and managing the secondary sales of their products.
According to court records, the gun fell into an ex-convict's hands after it was sold at a gun show, where background checks are less stringent and sometimes nonexistent. In the lawsuit, the manufacturers are being accused of capitalizing on these gun show environments.
The prosecution argued that more guns are created annually than can be legally sold, an indication that illegal and underground markets are being exploited to drive for sales. While it may be true that guns are being overproduced, there is no clear indication that this is for anything other than legally competitive reasons.
Today, 33 states have laws that protect gun makers from being sued for the misuse of their products. Most American citizens are Constitutionally guaranteed the right to buy firearms. By placing unreasonable liability on the manufacturers of guns, the Second Amendment is essentially infringed upon.
If firearm opponents wish to better control the flow of weapons in society, they should find ways to strengthen background checks and screening laws, as well as focus their efforts on better public education.
Charging manufacturers for crimes committed with their guns by second-hand buyers is like charging Ford Motor Vehicles for a hit-and-run committed by someone who bought one of their vehicles from a used car lot. Ideally, the families of shooting victims will find a more constructive and effective way to get their message heard than attacking the Constitutional rights of the American people.
Photo: Courtesy of Laron Fomby
