Gotta be a stronger connect. All this talk is probably producing a rush to weapons store to stock up before the stormtroopers arrive to collect weapons. This is America and American culture. We are who we are and have to work with it to produce the behavior that benefits us all.



________________________________________
From: Academy of Legal Studies in Business (ALSB) Talk [[log in to unmask]] on behalf of Bill Shaw [[log in to unmask]]
Sent: Monday, December 17, 2012 8:04 PM
To: [log in to unmask]
Subject: Newtown massacre

Good deal Joyce.  Thanks.  My middle-school granddaughter, in a letter to
the San Antonio Express (unpublished) and two Texas senators said (among
other things):  "Suspend the sale of automatic weapons and assault rifles
until Congress appropriates money to address mental health issues in the
U.S."

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-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk
[mailto:[log in to unmask]] On Behalf Of Joyce Barrett
Sent: Monday, December 17, 2012 6:37 PM
To: [log in to unmask]
Subject: Re: Newtown

I have several ideas that I'd like to hear the group chew on.  They would be
viewed as draconian in some circles.
(1) Outlaw private sale of guns.  You can only buy guns from the government.

Our members from Pennsylvania (where I grew up) may wish to comment inasmuch
as the sale of alcohol in Pa. for years was through government run liquor
stores we called in Philadelphia, State Stores.
2) A reduced version of #1.  Only the government can sell automatic weapons.
3) Require all manufacturers to imbed a signal device, maybe on the lines of
anti theft devices on goods in stores.  Police could use sensors that would
detect when a person is carrying a gun.  It doesn't limit the right to own a
gun but does allow the police to stop people to see if they guns are
properly registered.
These would certainly cause an up snort

Joyce
Joyce Barrett, Law. Dept. Baruch College

-----Original Message-----
From: Maurer,Virginia G
Sent: Monday, December 17, 2012 2:56 PM
To: [log in to unmask]
Subject: Re: Newtown

Well, we're lawyers here. What kind of solution protects both the 2nd
amendment and the security and welfare of our people? I can think of lots of
proposals, but here is one I have not heard (although undoubtedly I am the
20,000th person to think of this since there really are not any new ideas in
the world): Criminalize failure to secure firearms from known incompetents
who use them to kill people without justification. Make them accessories to
murder. Let them rot in prison.

Now, of course, none of that would punish Mrs. Lanza, whose illusion that
owning such weapons would protect her life actually caused her death. But
she knew she had these weapons in her house. She knew she had a
schizophrenic 20 year old living in the house. If she could envision the
personal consequences to herself of going to prison for not effectively
securing those weapons, would she have taken action that probably would have
saved her life?

Well, we know that the use of the criminal sanction to deter behavior is
only imperfectly effective, but criminalization might cause most people to
think more deeply about how they secure their weapons and also notice the
social approbation attached to irresponsible behavior. And, as with many
other crimes, most responsible people would already have taken the action
the law was designed to promote.

In short, make the gun owners take personal responsibility for their
behavior or negligence.

Next argument: What about knives? Well, there are paring knives and there
are Samarai swords. Yes, leaving a collection of Samarai swords on the walls
in reach of small children or the insane is similarly negligent and people
should take responsibility for that decision, too. That is, the standard of
behavior should be commensurate with the risk of injury as a reasonable
person would assess it. I guess that is criminalizing gross negligence.

Oh, and of course civil damages.

Anybody have thoughts on that? It secures the right to bear arms and makes
people take responsibility for their own behavior.

Most likely, however, it is not enough.

Ginny