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submitted 1 year ago* (last edited 1 year ago) by MisterMcBolt@lemmy.world to c/nostupidquestions@lemmy.world

Quick edit: If this is considered in violation of rule 5, then please delete. I do not wish to bait political arguments and drama.

Edit 2: I would just like to say that I would consider this question answered, or at least as answered as a hypothetical can be. My personal takeaway is that holding weapons manufacturers responsible for gun violence is unrealistic. Regardless of blame and accountability, the guns already exist and will continue to do so. We must carefully consider any and all legislation before we enact it, and especially where firearms are concerned. I hope our politicians and scholars continue working to find compromises that benefit all people. Thank you all for contributing and helping me to better understand the situation of gun violence in America. I truly hope for a better future for the United States and all of humanity. If nothing else, please always treat your fellow man, and your firearm, with the utmost respect. Your fellow man deserves it, and your firearm demands it for the safety of everyone.

First, I’d like to highlight that I understand that, legally speaking, arms manufacturers are not typically accountable for the way their products are used. My question is not “why aren’t they accountable?” but “why SHOULDN’T they be accountable?”

Also important to note that I am asking from an American perspective. Local and national gun violence is something I am constantly exposed to as an American citizen, and the lack of legislation on this violence is something I’ve always been confused by. That is, I’ve always been confused why all effort, energy, and resources seem to go into pursuing those who have used firearms to end human lives that are under the protection of the government, rather than the prevention of the use of firearms to end human lives.

All this leads to my question. If a company designs, manufactures, and distributes implements that primarily exist to end human life, why shouldn’t they be at least partially blamed for the human lives that are ended with those implements?

I can see a basic argument right away: If I purchase a vehicle, an implement designed and advertised to be used for transportation, and use it as a weapon to end human lives, it’d be absurd for the manufacturer to be held legally accountable for my improper use of their implement. However, I can’t quite extend that logic to firearms. Guns were made, by design, to be effective and efficient at the ending of human lives. Using the firearms in the way they were designed to be used is the primary difference for me. If we determine that the extra-judicial ending of human life is a crime of great magnitude, shouldn’t those who facilitate these crimes be held accountable?

TL;DR: To reiterate and rephrase my question, why should those who intentionally make and sell guns for the implied purpose of killing people not be held accountable when those guns are then used to do exactly what they were designed to do?

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[-] fubo@lemmy.world 117 points 1 year ago* (last edited 1 year ago)

How about camera manufacturers? If someone uses a Nikon camera to create CSAM ("child porn"), should the Nikon company be liable to the victims? Cameras are made, by design, to produce images of what's in front of them, even if that is a child being sexually abused. There have been proposals to require digital cameras to spy on their users to ensure that illegal images can be more easily tracked. If a camera manufacturer refuses to do this, citing "privacy" or "freedom of expression", should the victims of CSAM be able to hold that manufacturer liable?

Some countries, such as the Soviet Union, have restricted the ownership and use of printing equipment, including photocopiers, to deter their use to spread illegal capitalist propaganda. Should photocopier manufacturers be held liable for illegal material that a user photocopies?

Or, sticking to the gun example — How about 3D printer manufacturers? 3D printers can be used to create illegal guns. If you use a 3D printer to illegally create a gun, should the 3D printer manufacturer be held liable?


Alternately, we could stick to considering people liable for the choices that they themselves make, and not for merely creating the opportunity for bad users to make bad choices.

Car manufacturers aren't liable for every incident of drunk driving or every robbery getaway — but they are liable for defects in a car that cause it to go off accidentally. Similarly, gun manufacturers should be held responsible to ensure that guns work properly and do not go off accidentally, e.g. if a loaded gun is dropped.

[-] rockSlayer@lemmy.world 16 points 1 year ago

Those are good points, but let's use an example of companies being held liable for consumer behavior: drink companies being held liable for litter from their products. In some places, companies like Coke will receive fines for their products being found as litter, to prevent the use of single use plastics. In a system where the consumer has no choice about how their products are received, it becomes a fair method of harm reduction to penalize companies. The individual is responsible for harming the planet, yes, but the company also shares part of the blame for manufacturing products that are designed to be thrown away.

Different example: car manufacturers aren't liable for drunk drivers, but bartenders can be found liable. Bars and bartenders can be held liable for accidents involving drunk drivers, if they came from a bar. I wouldn't change that for anything, even if there's a perceived "unfairness".

It's good that you bring up design flaws and manufacturing errors, because currently firearms manufacturers are immune to product recalls. There are pistols out there from Sig Sauer that are capable of accidental discharge, even with the safety on. To my knowledge it's still manufactured and hasn't been recalled. The Consumer Protection Agency can politely ask for a voluntary recall, but current laws mean that the government can't force a recall on faulty weapons. This needs to change.

I don't have any ideas on how to apply the littering concept to weapons manufacturers, but I think we should figure it out to prevent people from dying. We should also make guns recallable.

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[-] Apepollo11@lemmy.world 8 points 1 year ago

I feel like the analogy of the camera would be more valid if Nikon designed a camera that was specifically designed to cater to the needs of child molesters.

Almost all guns are designed as weapons first and foremost. That's it.

Fencing is a sport that allows people to duel each other. The foils are items of sports equipment - they have specifically been designed to not be lethal.

Guns, on the other hand, are not items of sports equipment. They are weapons that some people use for sport.

In the US, gun companies are quite happy to produce these for supply to the untrained, unregulated masses. And actively promote this as totally normal. I'd say they hold some of the blame.

[-] FireTower@lemmy.world 11 points 1 year ago* (last edited 1 year ago)

There's an entire field of shooting sports. The Olympics has shootings events. There's guns made specifically for specific competitions like PRS & IPSC.

When manufacturers do market guns for the purposes of broadly shooting at other humans it's more specifically the self defense market. There's a difference between making a product for self defense and making firearms for drive by shootings.

Additionally you have companies in the industry who specifically created entirely new branches just for training. Here's a link to Sig Sauer's training side.

The core issues are not that individuals have the capacity to do ill but the motivation and desire. To meaningfully impact homicides you need to first understand the different motivations behind them and change the system that created poor circumstances.

For example tackling drug related gang violence by changing the laws on drugs so as to not create room in our societies for criminal organizations structured around their illicit trade.

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[-] DirigibleProtein@aussie.zone 51 points 1 year ago

What about the manufacturers of knives, screwdrivers, automobiles, hammers? Yes, firearms are made to be used to kill, where the others aren’t, but the intention to kill comes from the user.

[-] u202307011927@feddit.de 14 points 1 year ago

And the scissors!! Also forks!

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[-] Sirsnuffles@lemmy.world 13 points 1 year ago

The manufacturer is making a tool with the intention of killing.

You have a point. But you are skipping a road of reasoning here.

[-] ryathal@sh.itjust.works 12 points 1 year ago

The vast majority of ar15 rifles sold will never kill anything. Lots of guns are really only ever used for target shooting.

[-] Sirsnuffles@lemmy.world 8 points 1 year ago

I'm not arguing about the proportion of guns that kill things or not.

I'm merely stating that the purpose of a gun, is to kill. Otherwise, they wouldn't.

Target practice, is practicing to kill.

I'm not American, I don't need to abide by your bullshit constitution.

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[-] JBCJR@kbin.social 48 points 1 year ago

“Spoons made me fat”
Sorry for the low effort reply, but I look at it as simple as that. People often want to find anything other than themselves to blame for their poor choices. Guns may make it easier to make poor choices (arguable), but it’s also hard to eat soup with a butter knife.

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[-] Vaggumon@lemm.ee 39 points 1 year ago* (last edited 1 year ago)

For the same reason we don't hold car manufacturers accountable for the use of cars in crimes. Or knife makers, or brick makers, or (insert item here). That being said, I'm very pro regulation, and I think guns should be treated exactly like cars. Insurance is required, licensee, that is required to be renewed every 5 years, training, and regular inspections are not too much to ask for a dead item that's sole purpose is intended to kill.

[-] QuinceDaPence@kbin.social 9 points 1 year ago* (last edited 1 year ago)

Ok first, cars aren't mentioned in the constitution but outside of that...

I can buy a car and use in off road or on private property and need none of that. I can even take it wherever else I want with it on a trailer.

So with what you're saying I can make or buy a machine gun and supressor and as long as I don't use it in public it's totally legal without paying any mind to the government.

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[-] Pyr_Pressure@lemmy.ca 35 points 1 year ago

If firearms manufacturers are to be held liable, what would be the reasoning to also not hold vehicle manufacturers liable in the use of their product in criminal acts?

Vehicles are probably used in just as many crimes as guns are, I imagine, with vehicular manslaughter, running vehicles through protests and crowds, etc.

I can't see a logical reason to target one specific product over others when there are legitimate uses for them (i.e. hunting).

[-] toiletobserver@lemmy.world 19 points 1 year ago

I think the difference is one was designed to transport people and the other was designed to kill something.

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[-] cooopsspace@infosec.pub 9 points 1 year ago

Wait until you find out about fiat currency. Shit has been used in crime since before it was invented.

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[-] relative_iterator@sh.itjust.works 31 points 1 year ago

You can legally kill someone in a self defense situation so just because guns are designed to kill doesn’t make them different from another product that can be used illegally.

Cars can be used to kill people illegally and we don’t hold the manufacturer responsible.

IMO holding manufacturers responsible would just lead to a legal mess and a waste of court time/resources. I’d rather have better background checks, and other limits on gun purchases.

[-] SpaceNoodle@lemmy.world 19 points 1 year ago

The main difference is that guns are tools designed specifically for killing.

[-] tim-clark@kbin.social 14 points 1 year ago

I'm heading down to the hammer range to practice hitting nails. Listening to gun nuts talk about the use case for guns is ridiculous. It is actually nice to see a few people in this thread acknowledging what a guns primary purpose is.

[-] radix@lemmy.world 16 points 1 year ago

Devil's advocate: Isn't the "primary purpose" of a product what it's actually used for?

There are over 400 million guns in circulation in the US. In 2021, there were just under 50,000 gun-related deaths.

Is it fair to say that 0.01% of uses are the "primary purpose"?

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[-] AFKBRBChocolate@lemmy.world 8 points 1 year ago

But as the person said, it's legal to kill a person in self defense. If it's legal to do something, and a company give you a tool to do that legal thing, why should the company be responsible if you use that tool to do something illegal? If it was illegal to even have a gun, it might make sense to hold manufacturers responsible, it it isn't illegal to have or use them in some situations.

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Now reread the first sentence of the person you replied to.

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[-] originalucifer@moist.catsweat.com 16 points 1 year ago

we could make it very simple and get rid of them as other more mature countries have. you know, the ones that dont have mass shootings of children constantly and arent wondering what to do about all the guns.. those places.

3/4 states would need to ratify an amendment repealing the 2nd amendment. I can’t imagine any amendment being ratified in my lifetime let alone one repealing the 2nd amendment.

I’d rather start with legislation that has majority support and a realistic chance of passing.

[-] Neato@kbin.social 12 points 1 year ago

No. We'd just need to get rid of the ridiculous interpretation that half of the 2nd amendment text doesn't matter. Well regulated militia doesn't mean any Tom, Dick or Harry.

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[-] YoBuckStopsHere@lemmy.world 7 points 1 year ago

The 2nd Amendment doesn't give citizens the right to bare arms, it gives States the right to have militias or what is the National Guard today. Any uncompromised Judge would agree with that.

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[-] Deestan@lemmy.world 23 points 1 year ago

Imagine if this applies to other tools, like hammers.

Should the manufacturer of the 5 lbs MurderSpike SkullBleeder with night camouflage handle, extra inset bone crackers and instashatter blood flow accelerator head (r)(TM), licensing games and movies to show people murdering each other gloriously with their hammer... be held responsible if by some off chance some person ends up murdering someone with it??? It's ludicrous.

[-] MrNesser@lemmy.world 15 points 1 year ago* (last edited 1 year ago)

The example doesnt work

Hammers a made to hammer in nails, they can be used for other purposes but they are made for the one.

Guns are made to shoot a bullet into a animal/perso to seriously injure or kill. They have no other purpose it's their exclusive use.

Edited: to include animals for the pedantic among us.

[-] usualsuspect191@lemmy.ca 13 points 1 year ago

Guns' original intention might've been to shoot people (and some are of course still designed with that in mind) but there are obviously millions of gun owners around the world that manage to use their guns without shooting people so it's clearly not their exclusive use....

Okay, so do all bowmakers and swordsmiths now get charged for when people commit crimes with those?

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[-] scarabic@lemmy.world 18 points 1 year ago

Firstly, I hate guns and wish they were far more tightly controlled.

But even I don’t think holding manufacturers responsible for crimes is a good way to go about that. Guns do have legitimate uses.

Should we hold auto manufacturers responsible for a pedestrian who’s hit by a drunk driver? How about we put the workers who built the road in jail, too.

This kind of overreaching liability litigation is why we can’t have quite a lot of good things in this country anymore. We can’t babyproof every aspect of our society.

[-] TheOneCurly@lemmy.theonecurly.page 18 points 1 year ago* (last edited 1 year ago)

I would support this if there was evidence that manufacturers were knowingly (or purposefully not doing due diligence) selling to distributors who weren't following the rules or were somehow pressuring distributors to bend the rules to sell more (conspiracy). Otherwise its really on the distributors to be doing background checks, adhering to waiting periods, and using proper discretion. If we want less guns around then there need to be legal limits on sales and ownership, and those limits need to be enforced.

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[-] CMLVI@kbin.social 14 points 1 year ago

Are you looking for an answer to a question, or are you looking for a debate?

At any rate, reducing the utility of an item to what it's "lowest performance" should be to lower it's ability to harm for non-intended uses is asinine. Who sets the limits? Does a knife need to be razor sharp? I can cut a lot of things with a dull knife and some time. It would pose less danger to you if all knives I had access to were purposefully dull. To prevent me from procuring an overly sharp knife, make the material strong enough to cut foods, but brittle enough to not be one overly sharp. Knives, after all, we're made to stab, cut, and dissect a wide arrange of materials, flesh included. This specific design poses limitless danger to you, and needs to be considered when manufacturing these tools.

Guns are not majorly sold specifically to kill people, in the grand scheme of things. Hunting is probably the largest vector of volume gun sales in the US. How do you design a weapon that can be useful for hunting, but ineffective at killing a human? They all possess the innate ability to do so, but so does even the smallest pocket knife or kitchen knife.

I'm also a big gun control advocate, so I'm not defending anything I like. The failings of US gun control are squarely on the idea that everyone should possess a gun until they prove they shouldnt; it's reactive policy. Active gun control would limit who can possess a gun from the start to those that will only use it for "appropriate" reasons.

[-] krayj@sh.itjust.works 14 points 1 year ago* (last edited 1 year ago)

Because it sets a precedent that has ludicrous outcomes where the manufacturers of any product that are used for wrong are liable for the damages caused by their use and suddenly nobody wants to manufacture screwdrivers any more. PC manufacturers are now responsible for the actions of hackers and so no more pc manufacturing, auto manufacturers are now responsible for vehicular homocides so no more auto manufacturers, etc, etc.

[-] Semi-Hemi-Demigod@kbin.social 8 points 1 year ago

I agree with this, but if a screwdriver company advertised how well their new screwdriver could gouge out eyes they could be seen as encouraging it.

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[-] kryptonianCodeMonkey@lemmy.world 14 points 1 year ago* (last edited 1 year ago)

Prefacing with my context here: I'm not a gun supporter. I'm also not an anti-gun advocate. But I wouldn't lose any sleep over a revocation or heavy restriction on the 2nd amendment.

That being said, I would not in any way support a law that held weapons manufacturers legally liable for the actions of their customers using their products without at least one of the following three factors being true:

  1. The product, in itself, has no legitimate purpose or function other than one that is harmful to its user, illegal, or infringes upon the rights of others. (I agree guns are inherently destructive and primarily intended to end the life of a person or creature, but there are legitimate and legal situations where such destruction is legal and even necessary. Self defense and hunting being the primary legitimate uses, marksmanship a secondary one.)

  2. The manufacturer is verifiably and willfully propogating non-legitimate uses of their product in a way that is inherently harmful to its user, illegal, or infringes upon the rights of others.

  3. The manufacturer is grossly negligent in their business practices or sales in a way that they could directly have prevented with reasonable due diligence that results in the use of their product that is inherently harmful to its user, illegal, or infringes upon the rights of others.

The reason I think that this should be the case is that nobody should be held to account for actions that they did not take, are not promoting and could not have reasonably expected or prevented on a case by case basis. Just to illustrate the problem with holding the manufacturer responsible with a blanket liability, simply due to their production of a product with which a crime was committed, the buck wouldn't stop at the gun manufacturer. The gun companies buy products from vendors to produce their products and support their factories. Those vendors knowingly sell to the gun manufacturers. Would they not also be responsible to the ultimate products that were used in a crime? Not just the companies that sell their metals and hardware used in the gun assembly, but their tools, their work equipment, their consumables like their vending machines and water. All of those things play a part in the production of guns. Government employment grants and subsidies for business also mean that the US, state and local governments are in part responsible for their production as well. And we as tax payers and voters ultimately are responsible as well then.

No, legal liability is and always should be a matter of willful actions and/or gross negligence. Something like a manufacturer knowingly and intentionally selling directly/indirectly to a criminal organization/cartel. Or them not taking their due diligence to make sure that their client is a reputable retailer, not, in fact, a criminal organization or supplying one. Or running ads that seem to be inducing people to buy their guns to be used for armed robbery, intimidation or murder. All of those things are and/or should be criminal and they should be legally liable as such. But simply producing a weapon is not ultimately enough to hold them responsible for any eventual criminal use of that weapon.

[-] thenightisdark@lemmy.world 9 points 1 year ago* (last edited 1 year ago)

I use guns to shoot paper. Your argument for what guns are created for is flawed. My gun is not created for the ending of human lives.

My gun was made to end paper from being completely without holes.

Are you saying that my use of the gun is wrong? Or am I allowed to have a gun that is not used for killing?

-Signed a bleeding heart lefty with a gun

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[-] mctoasterson@reddthat.com 8 points 1 year ago

In the US at least, you cannot sue manufacturers of legal products unless there is defect or negligence. Firearms are legal products and there are many legal uses of them in the US.

If the product is defective in someway such as it discharges in a manner that isn't intended, they'd have to recall that product or be subject to liability. They are not liable for the deliberate misuse of their otherwise legal product, that's on the end user.

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[-] dual_sport_dork@lemmy.world 8 points 1 year ago* (last edited 1 year ago)

You already answered your own question with the car analogy. Notwithstanding all the rest of it, guns are inherently dangerous. There's no way to make them "safe," like removing the points from lawn darts. Gun manufacturers would have a conga line of ambulance-chaser lawyers following them around 24/7 seeking a payday every time someone so much as scratched themselves with the rear sight while cocking their own pistol.

If you think American citizens like their guns, let me tell you this: The American government really, really, really likes their guns. They want to have all the guns and if they had their way you would have none. But the problem is, they buy all their guns from private manufacturers, just like us. If gun manufacturers were liable for what idiots did with their products (arguably including, but realistically probably not including the various police and governmental forces in the US) they'd all be bankrupt tomorrow. And then what? The cops and military would have to buy all their guns from some other country.

Arms production could theoretically be nationalized, but realistically in America it won't be, either, because everyone in American politics is really against that sort of thing.

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this post was submitted on 07 Sep 2023
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