Dealers on trial.Every year millions of people are victims of violent crime, many, increasingly, by minors. One urban crime reporter opined that older teens are now considered the most dangerous people in America. Many of them are armed.
Dealers and employees must follow the law carefully when making a sale of a firearm firearm, device consisting essentially of a straight tube to propel shot, shell, or bullets by the explosion of gunpowder. Although the Chinese discovered gunpowder as early as the 9th cent., they did not develop firearms until the mid-14th cent. to a minor. This must occur, regardless of the stated purpose for purchasing the firearm, even if the minor is known to the dealer. All this is vital to avoid any costly criminal and/or civil liability.
In the early 1900s, courts began upholding the limited legislation that regulated sales and distribution of firearms This is an extensive list of small arms — pistol, machine gun, grenade launcher, anti-tank rifle — that includes variants.
: Top - 0–9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
1. Of, relating to, or dependent on judgment: a judgmental error.
2. Inclined to make judgments, especially moral or personal ones: capacity.
Today, with more seller accountability expected, to not be found in some degree responsible for the after effects of a particular purchase is more the exception, rather than the rule. However, all is not lost for those who are cautious, as the following case illustrates.
The family of a victim, who had been shot with a pistol, sued a retailer for selling .357 Magnum ammunition This article is largely based on the article in the out-of-copyright 11th edition of the Encyclopdia Britannica, which was produced in 1911. It should be brought up to date to reflect subsequent history or scholarship (including the references, if any). to a 19-year-old. The buyer had claimed the ammunition was for use in his rifle.
The court found no violation of the Gun Control Act that prohibits selling pistol ammunition to individuals under 21 years of age. In this case, the buyer was old enough to purchase rifle ammunition. The fact that the ammunition could be used in either a pistol or rifle (an expert witness testified to this fact) did not automatically target the seller for damages when the ammunition was used later in a pistol.
The store clerk, it was shown, took all the right precautions precautions Infectious disease The constellation of activities intended to minimize exposure to an infectious agent; precautions imply that the isolation of an infected Pt is optional, but not mandatory. with the customer to shield his employer from legal action. The clerk pointedly asked what type of firearm would be used and verified the youth's age. The cheaper of two brands was purchased, reinforcing the youth's statement that the ammunition was for target practice.
The clerk could do no more. There was no breach of duty in complying with federal firearms statutes. In negligence negligence, in law, especially tort law, the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances. actions, courts must determine:
* Was a duty owed by the defendant to the plaintiff?
* Was there a breach of that duty?
* If so, was the breach a substantial cause of the injury?
* Was the risk and harm within the scope of the protection afforded by the duty broken?
Whether a defendant owes a legal duty is a question of law. Whether it was ignored is a question of fact based on surrounding circumstances CIRCUMSTANCES, evidence. The particulars which accompany a fact.
2. The facts proved are either possible or impossible, ordinary and probable, or extraordinary and improbable, recent or ancient; they may have happened near us, or afar off; they are public or . The diligence or laxness lax
adj. lax·er, lax·est
1. Lacking in rigor, strictness, or firmness. See Synonyms at negligent.
2. Not taut, firm, or compact; slack. See Synonyms at loose.
3. of a gun dealer's staff can often tip the scales.