Gun Manufacturer's Liability Essay Example | Topics and Well Written Essays - 2000 words

Gun Manufacturer's Liability - Essay Example It was due to these persistently occurring firearms caused mortality incidents that spurred the application of legal remedies to regulate the purchase and use of firearms. Regulatory statutes in the past 15 years focused on mandating the legal responsibilities of gun manufacturers in an effort to reduce firearms related deaths. According to former Attorney General Robert Kennedy, "It is a responsibility to put away childish things - to make the possession and use of firearms a matter undertaken only by serious people who will use them with the restraint and maturity that their dangerous nature deserves - and demands" (US Department of Justice 2). Deterring firearms deaths require a holistic solution that targets two major sectors for gun regulation, gun owners and gun manufacturers including the channels of distribution between the two sectors. Every regulatory measure have been met with opposition and criticism from one sector or the other due to the public interest issues involved in gun manufacture and ownership. Strict regulation of gun manufacturers led to the enactment of laws providing the responsibilities and corresponding liabilities of gun manufacturers. An analytical discussion of the responsibilities and liabilities of gun manufacturers, the controversies surrounding the s... In terms of the responsibilities for firearms production, manufacturers hold the duty to design and assemble their products for safe use so that in case of defects they hold liability for injuries and damages subject to the provisions of tort law. The purpose of liability is to motivate gun manufacturers to consider optimum safety in firearms design. This is important since guns together with tobacco are exempt from safety oversight by the federal government. (Low 43) Under tort law, the failure of gun manufacturers to perform their duty of care in ensuring that the firearms they sell to the public are free from foreseeable design defects opens them to liability for negligence based on claims for damages and physical injuries. Penalties for negligence range from suspension and cancellation of businesses licenses to payment of compensation for damages depending upon the extent of link to these incidents. (Cook and Ludwig 2) Responsibility for product design fell upon gun manufacturers because of the significant number of deaths and injuries caused by faulty firearms designs together with recognition that gun manufacturers hold the best position in identifying potential defects and ensuring that the firearms they sell to the public are free from faulty design. Moreover, gun manufacturers have a certain degree of control over the use of the firearms they produce. They can implement certain control mechanisms over the distribution of their products to the criminal market. (Low 43) In relation to the accountability of gun manufacturers for the distribution and sales of firearms, their statutory responsibility is enshrined in the Brady Handgun Violence Prevention Act 1993 as strengthened by the Youth