Law Week 3 Threaded Discussion

Date: Sunday, November 18, 2007
Time: 2 PM
Place: Roommate's Room

For my Law threaded discussion the question is "Re-read "Protect Gun Manufacturers?" on pages 268-269 of the text. In your view, should manufacturers be held responsible for the vast societal damage caused by criminals; misuse of guns? Explain."
My response are:
1. "Unfortunatley, the 2nd Amendment gives one the right to bear arms. So if it is legal, then you cannot punish manufacturers for the misuse of guns. This is the same as you cannot hold tobacco manufacturers accountable for those who get sick from 2nd hand smoke. Nor can you hold beer companies responsible for those who drive drunk and hurt others. Congress needs to find either change the Constitution or go after the root of the misuse."
and 2. " Good point about how weapons have changed. I found a ruling that refers to how the Framers of he Constiution didn't intend for settlers to have many of the advanced weapons available today. They meant for them to carry what is common for self defense, such as a rifle. You can carry or "bear" a bozooka on your person, but that is an extreme weapon. Back in the day, that would be the equivalent of a settler having his own cannon in his backyard!"Modern weapons used exclusively by the military are not 'arms' which are commonly possessed by individuals for defense, therefore, the term 'arms' in the constitution does not include such weapons." Id. at 369, 614 P.2d at 99 (interpreting art. I, § 27 of the Oregon Constitution, which protects the right of the people to bear arms in defense of themselves and the state)."