In Newtown, the President tasked Americans to look at the problem of gun violence with new eyes. Other diaries have proposed a wide range of remedies. In this diary, I want to suggest a thought experiment about an approach that, while not banning weapons, might seriously dampen citizens' desire to own and keep so many guns.
My idea is partially predicated on a study that just came out from the DOJ about the 1.4 million guns that were stolen from homes and businesses from 2005-2010. I will come back to this further down.
First, all proposed responses to gun ownership must pass the Second Amendment hurdle. The text of the Second Amendment is simple and direct (some argue too simple):
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
I emphasized the word keep because, although I am not a lawyer, I don't see anything in the Second Amendment that gives Americans the right to be casual or careless in how they keep their guns.
- What if they give the code to the gun safe to a psychotic relative?
- What if they leave their guns unsecured and a burglar takes them?
- What if they leave the Glock in their car and it is lost during a car break-in?
- What if they take it a bar, get drunk, they are overpowered and it is taken?
We place a heavy civil liability burden on car owners, on bar owners, on doctors, on product manufacturers, on ... just about everyone else in American society. Lack of reasonable care opens them up to serious financial liability in civil Tort. Why should a careless gun owner be exempt?
So by all means keep and bear your gun ... but if you are a sloppy custodian and it gets used for an ill purpose, you should be held strictly liable for the consequences. You pay or your insurance pays ... if you have insurance.
I'll develop more implications after the orange muzzle flash.
Read More