Treating gun owners like bar owners? (Full Version)

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Fightdirecto -> Treating gun owners like bar owners? (3/4/2013 2:16:07 PM)

quote:

Three students were shot to death a year ago at an Ohio high school because the killer's parents, guardians and uncle failed to keep the gun away from him, the dead students' families claim in court.

Daniel Parmertor, Russell King Jr. and Demetrius Hewlin were shot to death in the Chardon High School cafeteria on Feb. 27, 2012. Three other students were wounded.

T.J. Lane III, then 17, shot them with his uncle's .22 caliber pistol, according to the complaint. One day short of a year after the killing, Lane pleaded guilty to three counts of aggravated murder, two counts of attempted aggravated murder and one count of felonious assault.

In exchange for his plea, prosecutors agreed not to seek the death penalty. He is expected to be sentenced to life in prison.

The families of the three people he killed sued Lane, his natural parents, his grandparents - who are also his custodial guardians - and his uncle John Bruening, in Lake County Court of Common Pleas....

The complaint states.
quote:

On or about February 27, 2012, defendant Lane, entered the Chardon High School cafeteria with a firearm he had obtained from his uncle, defendant John Bruening.

At that time, Lane shot Daniel Parmertor, Russell King Jr., and Demetrius Hewlin, all of whom were sitting in the cafeteria either eating breakfast or waiting for a bus to take them to a local vocational school. Defendant Lane shot three other students who survived the assault.

Defendant Lane fired a total of ten (10) rounds of ammunition from defendant John Bruening's firearm at close range at the plaintiffs.


The families seek compensatory and punitive damages for wrongful death, negligent supervision, parental statutory liability, and loss of consortium.


Families Sue Family for School Killings

If the owner of a bar or his bartender continues to serve alcohol to a patron who is clearly already drunk and that drunk later kills or injures someone while driving under the influence, the bar owner and his bartender can be can be found criminally negligent and can even face jail time.

Should the gun owner be treated the same way if they allow someone (like a family member who is a minor) to use their gun to commit a crime?

[image]local://upfiles/42188/8392A02C5AD843C4A27C7C5E9CA64DB6.jpg[/image]




tazzygirl -> RE: Treating gun owners like bar owners? (3/4/2013 2:23:10 PM)

I would think it would have to be proven the family knew he was a danger. In the case of a bartender, that person is "aiding and abetting" by continuing to give the patron more alcohol. Seems to be the families would have to prove the same with the gun, as in knowing he had these plans and doing nothing about it.




OsideGirl -> RE: Treating gun owners like bar owners? (3/4/2013 2:26:20 PM)


quote:

ORIGINAL: Fightdirecto


Should the gun owner be treated the same way if they allow someone (like a family member who is a minor) to use their gun to commit a crime?




The laws in California are that way. If a minor gets a firearm unsupervised and even accidentally discharges it, the gun owner is charged.




Real0ne -> RE: Treating gun owners like bar owners? (3/4/2013 2:43:34 PM)

Yeh people just do whatever the goverment does dont they!



[image]http://i123.photobucket.com/albums/o296/nine_one_one/stuff/killemall0042_zps5e7709a2.jpg[/image]




and if the state continues to let someone drive when they are drunk then the state should be sued right?







muhly22222 -> RE: Treating gun owners like bar owners? (3/4/2013 5:13:31 PM)


quote:

ORIGINAL: tazzygirl

I would think it would have to be proven the family knew he was a danger. In the case of a bartender, that person is "aiding and abetting" by continuing to give the patron more alcohol. Seems to be the families would have to prove the same with the gun, as in knowing he had these plans and doing nothing about it.


I'm on board with this. In the same way that it's negligent for a bartender to continue to serve beer to a clearly intoxicated person, it's negligent for a gun owner to allow a clearly dangerous person to use their gun. That negligence is why liability falls on the bartender, not the negligence (or recklessness) of the drunk person then going out and killing somebody while driving.




Kirata -> RE: Treating gun owners like bar owners? (3/4/2013 5:38:38 PM)


What I want to know is, why does the guy behind the counter in the gun store look like Kissinger?

K.




thishereboi -> RE: Treating gun owners like bar owners? (3/4/2013 5:57:42 PM)

If the uncle left the gun laying around for the kid to get to or gave it to him, then yes I think he should be held responsible. Not sure why they are going after the parents and grandparents.




BamaD -> RE: Treating gun owners like bar owners? (3/4/2013 6:57:23 PM)


quote:

ORIGINAL: Fightdirecto

quote:

Three students were shot to death a year ago at an Ohio high school because the killer's parents, guardians and uncle failed to keep the gun away from him, the dead students' families claim in court.

Daniel Parmertor, Russell King Jr. and Demetrius Hewlin were shot to death in the Chardon High School cafeteria on Feb. 27, 2012. Three other students were wounded.

T.J. Lane III, then 17, shot them with his uncle's .22 caliber pistol, according to the complaint. One day short of a year after the killing, Lane pleaded guilty to three counts of aggravated murder, two counts of attempted aggravated murder and one count of felonious assault.

In exchange for his plea, prosecutors agreed not to seek the death penalty. He is expected to be sentenced to life in prison.

The families of the three people he killed sued Lane, his natural parents, his grandparents - who are also his custodial guardians - and his uncle John Bruening, in Lake County Court of Common Pleas....

The complaint states.
quote:

On or about February 27, 2012, defendant Lane, entered the Chardon High School cafeteria with a firearm he had obtained from his uncle, defendant John Bruening.

At that time, Lane shot Daniel Parmertor, Russell King Jr., and Demetrius Hewlin, all of whom were sitting in the cafeteria either eating breakfast or waiting for a bus to take them to a local vocational school. Defendant Lane shot three other students who survived the assault.

Defendant Lane fired a total of ten (10) rounds of ammunition from defendant John Bruening's firearm at close range at the plaintiffs.


The families seek compensatory and punitive damages for wrongful death, negligent supervision, parental statutory liability, and loss of consortium.


Families Sue Family for School Killings

If the owner of a bar or his bartender continues to serve alcohol to a patron who is clearly already drunk and that drunk later kills or injures someone while driving under the influence, the bar owner and his bartender can be can be found criminally negligent and can even face jail time.

Should the gun owner be treated the same way if they allow someone (like a family member who is a minor) to use their gun to commit a crime?

[image]local://upfiles/42188/8392A02C5AD843C4A27C7C5E9CA64DB6.jpg[/image]

No three people were killed because the kid is a murderer.
How did he obtain the gun did the uncle say here take this gun to school with you?
or did the kid break into his uncles house and steal the gun?
Big difference.




Powergamz1 -> RE: Treating gun owners like bar owners? (3/4/2013 7:09:48 PM)

That sort of vicarious liability primarily refers to lawsuits.

On just the bare bones of that question, it would be quite a stretch to charge someone with murder if a minor pulls the trigger in their absence. What does 'allow' mean? They bought the 10 dollar trigger lock instead of the 900 dollar gun safe?

If they put the gun in the minor's hands and encouraged them to pull the trigger, accessory charges wouldn't be out of line. That would demonstrate the requisite shared criminal intent.

quote:

ORIGINAL: OsideGirl


quote:

ORIGINAL: Fightdirecto


Should the gun owner be treated the same way if they allow someone (like a family member who is a minor) to use their gun to commit a crime?




The laws in California are that way. If a minor gets a firearm unsupervised and even accidentally discharges it, the gun owner is charged.





Hillwilliam -> RE: Treating gun owners like bar owners? (3/4/2013 8:53:07 PM)


quote:

ORIGINAL: muhly22222


quote:

ORIGINAL: tazzygirl

I would think it would have to be proven the family knew he was a danger. In the case of a bartender, that person is "aiding and abetting" by continuing to give the patron more alcohol. Seems to be the families would have to prove the same with the gun, as in knowing he had these plans and doing nothing about it.


I'm on board with this. In the same way that it's negligent for a bartender to continue to serve beer to a clearly intoxicated person, it's negligent for a gun owner to allow a clearly dangerous person to use their gun. That negligence is why liability falls on the bartender, not the negligence (or recklessness) of the drunk person then going out and killing somebody while driving.

The key here is "clearly dangerous". Was there any indication he was?
Was he a gang member?
Did he have a criminal record?

The bar analogy has a big fault.
A bartender actively hands the drink to the patron.
Did the uncle/guardian hand the gun to the kid?

If someone steals a half bottle of Scotch while the bartender isn't looking and gets drunk, is the bartender liable for the actions of a criminal. Remember, he didn't serve the guy.

Same with the kid. Did he take the gun without permission? (in other words, did he steal it?)

I have a hard time assigning liability to someone who is the victim of a crime.




tweakabelle -> RE: Treating gun owners like bar owners? (3/4/2013 8:59:59 PM)

Every time I see a thread on guns and/or related issues, it makes me so glad that I live in a place where the laws about guns and gun ownership are strict and strictly enforced. Need I add that discussions like this thread never happen here?




Hillwilliam -> RE: Treating gun owners like bar owners? (3/4/2013 9:04:45 PM)


quote:

ORIGINAL: tweakabelle

Every time I see a thread on guns and/or related issues, it makes me so glad that I live in a place where the laws about guns and gun ownership are strict and strictly enforced. Need I add that discussions like this thread never happen here?

You're doing it right now aren't you?
How can you say "discussions like this thread never happen here" when you are sitting "here" and having the discussion?




tweakabelle -> RE: Treating gun owners like bar owners? (3/4/2013 11:21:53 PM)

Dear oh dear! HW, I expect better of you!

However it is refreshing to see that we academics don't have a monopoly on pedantry. [:D]




BlkTallFullfig -> RE: Treating gun owners like bar owners? (3/5/2013 3:12:12 AM)

I didn't think this was the first time I'd ever seen a discussion regarding guns, and laws governing them on these boards.

Better late, I suppose.

I cannot fathom why people who continue to stick their heads in the sand, regarding sensible gun control laws. It cannot be that they don't care about all of the distruction caused by people with firearms every year, can it?




Hillwilliam -> RE: Treating gun owners like bar owners? (3/5/2013 5:12:17 AM)


quote:

ORIGINAL: tweakabelle

Dear oh dear! HW, I expect better of you!

However it is refreshing to see that we academics don't have a monopoly on pedantry. [:D]

Why did you expect better? Your statement was a self contradiction.
I assumed you didn't realize it. It seems I was correct based on your follow up post.




Real0ne -> RE: Treating gun owners like bar owners? (3/5/2013 7:08:17 AM)


quote:

ORIGINAL: BlkTallFullfig

I didn't think this was the first time I'd ever seen a discussion regarding guns, and laws governing them on these boards.

Better late, I suppose.

I cannot fathom why people who continue to stick their heads in the sand, regarding sensible gun control laws. It cannot be that they don't care about all of the distruction caused by people with firearms every year, can it?


well it starts here, you only need to change one word:

Repealed:
the right of the people to keep and bear arms, shall not be infringed.

Resolved:
the right of the people to keep and bear arms, shall be infringed.







Real0ne -> RE: Treating gun owners like bar owners? (3/5/2013 7:09:38 AM)


quote:

ORIGINAL: tweakabelle

Dear oh dear! HW, I expect better of you!

However it is refreshing to see that we academics don't have a monopoly on pedantry. [:D]


I know a number of attorneys who would love to have you for a client




LizDeluxe -> RE: Treating gun owners like bar owners? (3/5/2013 10:05:32 AM)


quote:

ORIGINAL: Kirata


What I want to know is, why does the guy behind the counter in the gun store look like Kissinger?

K.



Or why the bottom pane of the cartoon does not read "What the anti gun zealots fear" ?




Kirata -> RE: Treating gun owners like bar owners? (3/5/2013 11:03:03 AM)


quote:

ORIGINAL: LizDeluxe

Or why the bottom pane of the cartoon does not read "What the anti gun zealots fear" ?

Yeah really. But pointing out such offensive stupidity never has any effect. Few things are more resistant to change or more impervious to reality than the illusion of superiority that infects its perpetrators.

K.




LadyPact -> RE: Treating gun owners like bar owners? (3/5/2013 12:10:04 PM)

I'd have to think that any decent attorney is going to win this for the defendants simply by stating the criminal (which is what the shooter is in the deaths) didn't have permission to have the gun and the weapon was considered stolen.

I'm going to throw this in here as well. I'm actually in favor of gun safes. I think they are a great way to prevent strangers from stealing firearms. It's not always going to be enough for family. I know from personal experience that My own kid found our combination to our document safe during MP's last tour to Korea. A person in their late teens can absolutely get into a gun safe even without permission from the adult gun owner in the house. They just have to have the right kind of initiative.




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