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The Range
Law & Order
US Senator Coburn (R-OK) Introduces Gun Control of His Own (not kidding!!!)
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<blockquote data-quote="Dave70968" data-source="post: 2173885" data-attributes="member: 13624"><p>This, and it could easily become "mandatory" without any further legislation.</p><p></p><p>"Negligence," as a tort, is the failure to exercise ordinary care, with resultant harm. If NICS (or similar) is readily available to everybody, and people start using it, then the person who doesn't call for a background check would cease to be "ordinary." If he sells a gun without a background check, and the buyer later turns out to use it to commit a crime, a harm occurs. Thus, even without explicit legislation, the courts could impose a <em>de facto</em> mandate to run background checks on private sales by means of tort law.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 2173885, member: 13624"] This, and it could easily become "mandatory" without any further legislation. "Negligence," as a tort, is the failure to exercise ordinary care, with resultant harm. If NICS (or similar) is readily available to everybody, and people start using it, then the person who doesn't call for a background check would cease to be "ordinary." If he sells a gun without a background check, and the buyer later turns out to use it to commit a crime, a harm occurs. Thus, even without explicit legislation, the courts could impose a [I]de facto[/I] mandate to run background checks on private sales by means of tort law. [/QUOTE]
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The Range
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US Senator Coburn (R-OK) Introduces Gun Control of His Own (not kidding!!!)
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