2013-01-17, 00:56 | Link #981 | |
Meh
Join Date: Feb 2008
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Conversely, in a household with no children, on what basis are you going to base your storage regulations on? |
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2013-01-17, 01:00 | Link #982 | |||
Senior Member
Join Date: Apr 2007
Location: East Cupcake
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There are systems in place that prevent or at least penalize anyone from negligently harming others or through their own negligence helping to harm others. Just because you are a bachelor misanthrope living alone doesn't make you an island unto yourself, and it doesn't excuse you from laws geared toward other members of society or simply laws designed for "the greater good" (if you leave a loaded weapon lying around and then someone breaks into your house and steals the gun, then you are in small part responsible for the actions of that gun since you negligently left it loaded and ready for anyone to use, but if someone breaks into your house and then takes your unloaded gun from it's safe/gun locker/dwarer/etc and then loads it, then you are not negligent). Last edited by james0246; 2013-01-17 at 01:53. |
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2013-01-17, 01:09 | Link #983 |
Obey the Darkly Cute ...
Author
Join Date: Dec 2005
Location: On the whole, I'd rather be in Kyoto ...
Age: 66
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Here's part of the problem. I can keep a rather large quantity of gasoline in my home. Propane, bleach, chlorine, fertilizer, poisons, welding equipment, lawn mowers, chainsaws, edgers, flame throwers (yes, for brush clearing). "Proper storage" is a fairly flexible term for those in the legal sense. Never mind the automobile itself (a very deadly device). Proper storage includes the concept of "ease of access by authorized users".
However, some days I'm thinking the average American is getting too stupid to have electricity in their house - much less all this other stuff.
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2013-01-17, 01:10 | Link #984 | |
Meh
Join Date: Feb 2008
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I think you're over-simplifying things a bit, whether something remains a tort claim or rising to the level of criminal negligence depends entirely on the specific language of the law and the particular circumstances of the case. I'm not entirely sure what exactly it is you're arguing for, but there was two distinct threads of discussion here: Me vs Vallen on his idea of criminal liability, and with Don on civil liability, maybe you're getting the two mixed up? |
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2013-01-17, 01:16 | Link #985 | ||
Senior Member
Join Date: Apr 2007
Location: East Cupcake
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2013-01-17, 01:25 | Link #987 |
Gamilas Falls
Join Date: Feb 2008
Location: Republic of California
Age: 46
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Yet there are plenty of people in rural areas that stock up due to not really going into town (possibly 20 to 60 miles away or more) to get those things for months to even years. Most of that stuff we don't buy very often in urban areas, and in many cases we can have a bottle of something last for years because we don't have much need, and when we use it we go buy another bottle someplace, or go to a place like Costco and buy in bulk so we don't need to go looking for more regularly.
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2013-01-17, 01:28 | Link #988 |
Knight Errant
Join Date: Dec 2007
Location: Dublin, Ireland
Age: 35
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@kyp275 I was not aiming for Civil Liability, but as james0246 is indicating, negligence. The concept of a "Duty of Care" encompasses both the Tort you refer to and negligence. If your property is involved in harming another human being, and you have taken insufficient reasonable precautions then you are criminally negligent. The law is quite flexible on what is or isn't negligence.
If you fail to secure any of your dangerous possessions you could very easily argue you are being negligent. I would consider keeping a gun should be thought of similar to keeping a pit-bull. Both can be exceedingly dangerous, and both must be kept in a secured manner so that they don't injure others. In the case of a gun, that includes taking the necessary precaution against theft. After all, if your brother, or your daughter was killed because a local bully stole his neighbor's gun that was carelessly left lying around, how would you feel? You would feel the neighbor had been negligent. |
2013-01-17, 01:30 | Link #989 | ||||
Meh
Join Date: Feb 2008
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Assault Weapons Ban Leaving the merits of the term aside (the fault of the term has be discussed plenty of times in this thread already, suffice to say that it's a political term with little meaning behind it), it is a pointless law that arbitrarily bans certain firearms based on literally nothing but what they look like. A pistol grip or a plastic stock, or a bayonet stud (LOL?) does not turn a rifle into lolomgwtfbbqmachineassaultweaponofDOOOM! Magazine Ban Pointless and ineffective while negatively impacts reliability of existing firearms. Vexx have iterated on the issue about reliability of reduced-capacity magazines, but ultimately this isn't going to do jack, other than making "pre-ban" magazines price go up for awhile. There are billions of regular capacity magazines out there already, what's a ban on making new ones gonna do? Ban the possession of armor-piercing ammunition and its transfer to anyone other than the military and law enforcement. Misleading and vague. If they're talking specifically about actual AP rounds, that's one thing. But all too often you see people qualifying a round as "armor-piercing" simply because they cannot by stopped by a regular "bullet-proof" vest. First, no vests are bullet-proof, second, kevlar vests are only designed to stop pistol rounds - most rifle rounds will be able to defeat kevlar vests without ballistic plates, a ban with that sort of qualifier would pretty much mean a blanket ban on every single rifle cartridge. Quote:
First, what would be considered adequate precaution against theft? Hidden in a drawer? a closet? a small safe? a gun locker bolted to the foundation? Many keeps a loaded weapon next to their bedside at night, would that be against the law? Secondly, I'm not sure I like the concept that something can be legally considered inadequately secured against theft inside one's own home to begin with. If safety is the only concern, should household chemicals or gasoline be under lock and key? or outlet plugs mandatory for households with small children? Taking the pit bull example, what would you consider to be adequate as far as securing the dog? fences? leash? As for your scenario, the local bully better hope the police got to him first. Quote:
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Last edited by kyp275; 2013-01-17 at 02:04. |
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2013-01-17, 08:39 | Link #990 |
Banned
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For those who don't watch the Daily Show, you may want to watch the one last night. In it, we have congress critters insisting that existing laws are good enough, and that the ATF should enforce the laws on the book.... and then Jon reveals just how badly the NRA has put congress critters up to diluting the strength of the ATF.
So part of the solution needs to be to allow the ATF to enforce the laws we have.... since the NRA has neutered the ATF and forbid them from enforcing laws we already have. There Goes the Boom - Part 1 There Goes the Boom - ATF - Part 2 |
2013-01-17, 10:20 | Link #991 |
Senior Member
Join Date: Sep 2008
Age: 38
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Because the ease of which for massive causualties. The only other means by which one could do so would be vehicles and bombs, the former regulated and the latter illegal. A gun can kill a large group of people very quickly, over a moderate range of distance. A knife, for example, could potentially cause massive causualties, but only at a short range. Arm reach, specifically. Whereas a gun could kill from one end of a football field to another, or more realistically in terms of scenerio, one end of a room to another.
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2013-01-17, 10:24 | Link #992 | |
Logician and Romantic
Join Date: Nov 2004
Location: Within my mind
Age: 43
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Implementation is simple. No one inspects your home. But if things go wrong and it is because you didn't do the right thing, you get the book thrown at you. This is how modern society has always worked. This isn't about treating guns any different to anything else; this is how hazardous materials are treated in society. I can be careless about the fuel cans in my backyard. But if it caused the neighbourhood to be burned down then there is hell to pay when they trace the fire source back to me. There ARE existing regulations on proper fuel storage, pet control, pesticides, etc. And the expectation is that if you don't do the right thing, you might be able to get away with it if you are lucky and nothing happened; but if something DID happen then you share the blame. We are not asking you to be any more than be a responsible gun owner. The same way we expect the fuel for your lawn mower is not going to be a fire hazard, or that your pet python isn't going to eat the neighbour's cat. There are guidelines for all of these things. Not rocket science, and more importantly not new. You really should know this.
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2013-01-17, 12:20 | Link #994 |
Logician and Romantic
Join Date: Nov 2004
Location: Within my mind
Age: 43
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See, it only matters if one thinks that less ammo capacity makes a difference. It either does or it doesn't.
To simultaneously claim that lower ammo capacity is meaningless, yet claim that it makes it difficult to shoot things and you want to fight against it, is paradoxical. Put it simply the restriction is not meant to be perfect, but a middle ground. Anti Gun people would rather that you don't have any bullets at all. The lower capacity is a compromise. To ask "why smaller capacity?" is assuming you are ignorant of why we want to restrict firepower.
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2013-01-17, 14:07 | Link #995 | |||
=^^=
Join Date: Aug 2007
Location: 42° 10' N (Latitude) 87° 33' W (Longitude)
Age: 45
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Personally, civilian guns should be limited to one squeeze - one bullet. And if you can fire X-number of bullets with X-number of squeezes per minute, then I applaud your skillz. Quote:
As for the higher capacity magazines -- people will either (a) shoot 'em up, (b) have them confiscated, and/or (c) keep them as collectors items. Eventually, those will get phased out. Quote:
Case in point: if it is something used by the military or law enforcement, then civilians have no business having it. Want to use military grade weapons? Then sign up; and join the military or law enforcement.
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2013-01-17, 15:15 | Link #996 | |
Senior Member
Join Date: Jan 2009
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An alternative would simply be to drastically increase punishment for the illegal possession of fire-arms and maybe even most other types of weapons. Similar to the possession of narcotics which can put a felon away for decades. Require all firearms to be registered and it should put a serious dent in the black and grey market. Most gun owners might not object, although those mistrustful of the government will. |
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2013-01-17, 15:23 | Link #997 | ||||||||
Meh
Join Date: Feb 2008
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This is somewhat in the vein of one of my points earlier, what exactly makes the casualties in one mass shooting scenario "worse" than casualties created in other means? I'm not going to say that gun doesn't make it easier to kill, because it does, but like I said earlier, what is the overall impact of these restrictions? were there precipitous drops in OVERALL violent crimes and deaths in the countries that enacted strict control? is 10 people shot to death at one time in a month somehow worse than 10 people stabbed to death over the same month?
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You say that if someone stole my weapons, I should be responsible for the crimes he commits with it, so should I also be responsible if someone stole the propane tank on my grill and the gas for my snowblower and used them to destroy a house? Quote:
In those mass shooting situations, the shooters have multiple preloaded magazines carried on their vests, and backpack full of ammo, and they certainly wouldn't care about what the NY governor said about how many rounds he can load in a mag. Quote:
Semi-automatic rifles able to accept detachable magazines and two or more of the following: Folding or telescoping stock - because improved ergonomics for end-users (especially short people! ) makes the rifle a weapon of mass destruction. Pistol grip - same with above, only now for people with large or small hands. Bayonet mount - because this is so totally world war 2, and nothing makes a rifle more dangerous like adding a KNIFE to it. Flash suppressor, or threaded barrel designed to accommodate one because the visibility and size of the unburned powder obviously makes a huge difference in the lethality of the rifle. Muzzle device that enables launching or firing muzzle-mounted rifle grenades Because this is totally world war 2 where people still use muzzle-mounted grenade as oppose to externally mounted grenade. Quote:
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Sorry, in a self defense scenario, reliability is anything but a matter of convenience, and further weakening the reliability of magazines - already the most unreliable part of a weapon, can be catastrophic. Quote:
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and while you're at it, why not also remove your 4th amendment protection? let's give law enforcements the ability to just walk in and search or tap the phones of anyone whenever they want; or let them beat confessions out of suspects, hold people in confinement indefinitely, and add in some additional evidence to make sure it sticks! Why let those pesky laws about rights and such deter law enforcements from doing their job, we should turn all of the the US into Gitmo! Quote:
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2013-01-17, 15:40 | Link #998 |
Gamilas Falls
Join Date: Feb 2008
Location: Republic of California
Age: 46
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Basically the point is that "Assualt Weapon" is an term that means nothing for all practical purposes.
The words they want is "Assualt Rifle", but those are for the most part already banned just by being fully automatic weapons (illegal for many decades now). "Assault Weapons" is basically all cosmetics that make a rifle or pistol look threatening and scary. It will ban a weapon for its looks rather than its function, as there are other weapons that are fundimentally more dangerous that are not covered as "Assualt Weapons" because they don't have those cosmetic features. It is an idiot law written by idiots back in the 1990s. Note: Semi-automatics are weapons that will use the force of firing the weapon to reload a new bullet into the chamber. But it will not fire another shot until you pull the trigger again. (you cannot hold the trigger down and get more than one bullet to fire with a semi-automantic. You have to let go and pull again to get off another shot). Some revolvers can be considered semi-automatic weapons as the act of pulling the trigger will move the next chamber turn into position to fire and raise the hammer again so that when the trigger is fully pulled you fire another shot without having to pull back the hammer.
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2013-01-17, 15:42 | Link #999 | ||
Logician and Romantic
Join Date: Nov 2004
Location: Within my mind
Age: 43
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No, seriously. Are you telling me you have no idea what I am talking about in terms of secure weapon storage? You don't have a gun safe? If you have an explosives permit and lose the dynamite from insecure storage, then yes you are in trouble. Using a propane gas tank as your example is not fooling anyone, no one is going to steal one for a bomb. They would just buy one as they aren't regulated or licensed. So your scenario doesn't make sense. Quote:
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2013-01-17, 15:55 | Link #1000 | |||
Meh
Join Date: Feb 2008
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I know plenty about gun storage methods, what I'm asking is for YOU to define what's "responsible" to YOU, the devil is in the details. I'm certainly not against proper weapon storage, but for me "proper" depends largely on the individual circumstances as opposed to a blanket standard which you seem to support. Quote:
I think it's safe to say that chances are good that I won't be charged with any crimes in the scenario above, so then why is it that it's fine if I "secured" my car by leaving it in the garage, or the driveway, locked or unlocked (I'm sure everyone has done that before) and it was used to kill a two people, yet it's not ok if it was a gun that was stolen from inside the house instead that were used to killed two people? This is veering more into the realm of legal debate, but I'd like to hear your opinion on it. Edit: This is a comment I saw elsewhere, while I don't agree with everything he said, I agree with many of his sentiments: Quote:
Last edited by kyp275; 2013-01-17 at 16:30. |
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