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February 16, 2018


As a (retired) lawyer, and much as I detest the NRA and those in the Congress who are doing nothing to stem these repeated killings, I must be opposed to violence against them since we would only be engaging in conduct for which we blame them in bringing about (much as we kill people for killing people). I think that is not the way to go and would only bring about more violence (to the delight of Putin while watching our democracy crumble).

I live here in Florida in a county contiguous to Broward County, the site of the latest child massacre. Passions are running high here and some are wondering if the whole country is becoming unraveled what with the just-reported numbers of 40,000 traffic deaths, 33,000 gun deaths, who knows how many opie and booze deaths, a fruitcake president and a Congress interested only in coddling their donor class, a class including not just the Kochs and Mercers but also such terrorist-inducing organizations as the NRA.

It seems we have lots of money and resolve to enrich the already rich and dispossess the poor but cannot find the resolve or the resources to do away with military style weaponry that is unnecessary for hunting, home defense or the like. Military weaponry is designed for one purpose: to kill as many people as possible in the shortest possible time. It should be in the hands of the military only and not in the hands of even sane much less insane people since sane people can go insane, the gun can fall into wrong hands etc.

I have been voting since Truman, have accepted good choices when the perfect were not available, and have never been a single-issue voter, unlike one of my classmates who told me (over my protests) that she was voting for Trump for one reason: abortion. I am considering the idea of becoming a single-issue voter myself after the St. Valentine’s Day Massacre of the Innocents over in Broward County and am mulling over the idea of voting against any candidate of any party who takes a penny from the NRA, the front group for gun and ammunition manufacturers and only one step removed from definition as a terrorist organization.

No, the NRA doesn’t shoot anybody, but their sponsors, the gun and ammunition manufacturers, like the getaway drivers in bank heists who facilitate the robbery of a bank, should be held to the same degree of accountability as those in the bank example here cited who stuck guns in tellers’ faces and ran off with the loot to the waiting getaway car. In short, and as a stopgap measure based upon product liability law, I am recommending that since the NRA’s sponsoring gun and ammunition manufacturers are putting a dangerous and lethal product (military style weaponry) on the market that they should be held to a strict liability standard in its use, like, for instance, arsenic, transportation of atomic wastes, etc. To be even more explicit, I think it possible that a court could find a common law in lieu of a statutory standard of liability applicable to such manufacturers in a class action by the bereaved parents over in Broward County, depending upon an examination of case law.

It appears that Republicans who collect huge campaign contributions from gun and ammunition manufacturers funnelled through the NRA (see especially Cruz, Rubio and Ryan) are, as usual, not going to do anything about the continuing slaughter of school children, church and concert goers, preferring instead to talk about mental health and “policy” rather than guns, so perhaps our judicial branch can bring sanity and justice to Broward County and America. I hope so, since I cannot imagine a bigger issue than life or death and the crying need for regulation of those who provide the choice for profit, and since Republicans in Congress will not be doing anything about it because they are bought, perhaps some billion dollar recoveries arising from lawsuits against the manufacturers will dramatically slow the rate of slaughter by such lethal weaponry.     GERALD       E


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