You have the premise of this all wrong. The law would enable those damaged by acts such as firing without regard to background (people milling about behind the guy at which you're firing) or not reasonably securing their gun (leaving it out in an unlocked home, or in the glove compartment of a car while not in the car when it's stolen) to have prescribed remedies under the law.
And a poorly-fitting holster is entirely the responsibility of the owner to not use if it is not serviceable at the moment he attempts to step into the public. If, on the other hand, a holster that is serviceable at the moment he steps into the public then becomes defective under normal use (a very, very rare case -- a pure fluke, if you're familiar with holsters and their wear and tear), then the owner would have a case against the holster manufacturer. Respectfully, Adam Phillip Churvis President Productivity Enhancement > -----Original Message----- > From: Gruss Gott [mailto:[EMAIL PROTECTED] > Sent: Tuesday, March 25, 2008 9:12 AM > To: CF-Community > Subject: Re: Right To Bear Arms > > > Adam wrote: > > Now ask yourself, At what point does the owner's loss of his gun > cease to > > make him culpable? > > I realize these types of issues can be controversial (as seen in other > threads), but ... what the hell ... > > There seem to be 2 issues here (I could be wrong): > > 1.) product liability, and > 2.) personal liability > > For product liability, as we know from many heated discussions, > "fault" and degree of fault is a finding of fact by a jury. That is, > juries can do whatever they want when it comes to punishing companies > as per the Liability Act of 197?. So they can just as easily say that > the holster is responsible or the gun. That is, there's no right > answer, it's up the the jury to decide. > > As for personal liability, this is where gun law could help. You > could make the gun owner responsible for, or an accomplice to, any > crime committed by that gun when it's out of his/her possession for > any reason, voluntary or accident. > > If that were the case, the gun owner could sue the holster > manufacturer, but would still be responsible for the shooting. > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to date Get the Free Trial http://ad.doubleclick.net/clk;160198600;22374440;w Archive: http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:257394 Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
