Quick edit: If this is considered in violation of rule 5, then please delete. I do not wish to bait political arguments and drama.
Edit 2: I would just like to say that I would consider this question answered, or at least as answered as a hypothetical can be. My personal takeaway is that holding weapons manufacturers responsible for gun violence is unrealistic. Regardless of blame and accountability, the guns already exist and will continue to do so. We must carefully consider any and all legislation before we enact it, and especially where firearms are concerned. I hope our politicians and scholars continue working to find compromises that benefit all people. Thank you all for contributing and helping me to better understand the situation of gun violence in America. I truly hope for a better future for the United States and all of humanity. If nothing else, please always treat your fellow man, and your firearm, with the utmost respect. Your fellow man deserves it, and your firearm demands it for the safety of everyone.
First, I’d like to highlight that I understand that, legally speaking, arms manufacturers are not typically accountable for the way their products are used. My question is not “why aren’t they accountable?” but “why SHOULDN’T they be accountable?”
Also important to note that I am asking from an American perspective. Local and national gun violence is something I am constantly exposed to as an American citizen, and the lack of legislation on this violence is something I’ve always been confused by. That is, I’ve always been confused why all effort, energy, and resources seem to go into pursuing those who have used firearms to end human lives that are under the protection of the government, rather than the prevention of the use of firearms to end human lives.
All this leads to my question. If a company designs, manufactures, and distributes implements that primarily exist to end human life, why shouldn’t they be at least partially blamed for the human lives that are ended with those implements?
I can see a basic argument right away: If I purchase a vehicle, an implement designed and advertised to be used for transportation, and use it as a weapon to end human lives, it’d be absurd for the manufacturer to be held legally accountable for my improper use of their implement. However, I can’t quite extend that logic to firearms. Guns were made, by design, to be effective and efficient at the ending of human lives. Using the firearms in the way they were designed to be used is the primary difference for me. If we determine that the extra-judicial ending of human life is a crime of great magnitude, shouldn’t those who facilitate these crimes be held accountable?
TL;DR: To reiterate and rephrase my question, why should those who intentionally make and sell guns for the implied purpose of killing people not be held accountable when those guns are then used to do exactly what they were designed to do?
What about the law of public nuisance?
It is not gun makers paying the millions of dollars in damage every time a mass shooting occurs, it is towns and communities.
If you’re arguing that guns should be illegal, okay, let’s have that discussion. But if you aren’t, and guns are legal to have and to use in certain situations (ranges, self defense, hunting), then why should manufacturers be liable for improper use? We’ve had several instances of people driving their car through groups of pedestrians, some people punch out their mufflers to make their cars super loud, and people drive off roads on protected lands - all things that are illegal to do - but we never say the car manufacturers are liable because cars are legal to have and use within restrictions.
As soon as you say it’s legal to have a gun, it should be perfectly fine to make a gun that meets whatever safety standards and other regulations are applicable. If gun manufacturers are doing something that encouraged people to commit murder with their products, then you might have an argument.
The argument is that they are not doing enough prevent the murders, and therefore they are liable for the public nuisance that guns have become.
It’s about placing the cost of gun violence where it belongs, on the manufacturers and gun owners, rather than on communities. Newtown, Connecticut had to build a new elementary school. Who is going to reimburse the taxpayers for that?
What would you suggest that a gun manufacturer do to prevent people from using their product illegally? Do car manufacturers have to do the same sorts of things?
You keep saying things like “where it belongs” but I haven’t seen a single thing explaining why someone who manufacturers a legal product should be liable for people using their product illegally.
By the way, in case it makes any difference, I have never owned a gun, never want one, and think there’s a huge gun violence problem in this country. But I also hate bullshit legislation. What would be the goal of making manufacturers liable for gun deaths? To get rid of guns? If so, how about you make guns illegal? Or is there something we think the manufacturers should be doing that they aren’t? If so, what? And why manufacturers and not, say, distributors? Why is Remington liable but Walmart isn’t? What should either have done to prevent the gun being used in a murder?
Making these sweeping statements without explaining the rationale just isn’t convincing.
I wrote a lengthy post on thet answers these questions.