Colorado Legislature Anti-Gun Bills: Suing Manufacturers

One of the bills would allow people to sue manufacturers of assualt weapons for damages from crimes.

If this is passed, it will go against a federal law exempting manufacturers. And would it also open automotive companies to being sued for deaths caused by excessive speeding or drunk driving.

I really should have been a lawyer, they seem to be in the only profession that keeps growing no matter how crappy the economy gets.

I would comment on the actual topic, but without a link, I don't know what the details are (and who wants to go and find it?)

Colorado Gun Bill Components
my comments in italics


Full legal liability for anyone who makes, buys, sells or owns an assault weapon that is used in a shooting.
I suppose that as a gun owner, I should be willing to accept responsibility (liability) for my guns. If this passes, I'd
likely purchase a lot of gun locks. Am a little worried about potential abuses to this, concept though -- could be used to bully gun owners and sellers

Background checks for all gun sales, even between private parties.
Not entirely against this --- I suppose I would not mind paying $20 for a check. It will be hard/impossible to enforce

A ban on sale of magazines of more than 10 bullets.
I don't support this. Although I do not own any firearms with high capacity magazines. There's simply too many out there, already

A requirement for mental-health workers to report potentially dangerous people to the Colorado Bureau of Investigation, for the purpose of gun-sale background checks.
I understand the impulse, but worry this could be abused. Just about every person alive will visit a psychologist or psychiatrist at some point in life. It will be hard to know where professionals should draw the line

A stronger ban on gun sales to people with a history of domestic violence.
How about a better enforced ban?

A fee on background checks, paid by the buyer.
I already pay a transfer fee to my local FFL, which pays for time as well as the background check

Required in-person training for concealed-weapons permits.
What's "In-person?" Besides, how many problems has Colorado had with CCW holders?

A ban on concealed weapons in most parts of college campuses.
Most students are under 21 --- and virtually all students in dorms are under 21 (they would not have a permit, anyway).
AND -- the state supreme court has already determined that state campuses cannot ban CCW permit holders

I am an advocate for certain parts of it, but overall it is too sweeping. My preferences are 1) universal background checks (it is simply not that onerous); 2) licensing for certain firearms (single shot firearms would be exempted) to ensure education on the use and secure storage (again not that onerous, we already do it for CCW); and 3) strict liability for owners and sellers with a safe harbor for them if they follow background check guidelines and have insurance to compensate potential victims if they fail to follow those guidelines.

This would not be onerous on responsible gun owners and sellers, and certainly would not prohibit responsible parties from possessing firearms.

And a good way to pass legislation, make it look like a real horror show and will disarm Colorado citizens, but after negotiation, get three out of your ten proposals, like background checks for all sales, including private, $10 per background check, and penalties for unsafe storage. The rural Dems and urban Republicans would probably pass those.

I'd note there are already laws in place that would prosecute me should I knowingly transfer (sell) a firearm to someone that is ineligible to own a firearm (straw purchases). The term "strict liability" is a little on the unreasonable side.

In the event that a firearm that I sold is used to commit a crime, I'd likely find myself in criminal as well as civil court.

With existing legislation, maybe the local DA would decide not to press charges. However, there's a good chance I'd still end up
in civil court (burden of proof is lower).

I can live with universal background checks, and would be unlikely to complain about licensing certain tactical weapons.
(we have some of this in place with CMP).

Since it is impossible to enforce a universal background check, particularly on private unadvertised sales, the strict liability creates an "enforcement" mechanism. As long as you do the background check, then no liability is attached if the gun is later used in a crime. But if you skip the background check, then liability is attached for later crimes. If the gun is stolen or lost, then you better report it really fast. There could be a safe harbor exception for that as well, so that if you report the gun as lost or stolen, and it is not later traced back as sold by you, then no liability.