Best of the Week
Most Popular
1.Stock Market Crash and Recession Indicator Warning: Extreme Danger Ahead - Harry_Dent
2. Is This How World War III Begins, In Almost Complete Silence? - Jeff_Berwick
3.Trump Wins 2nd Presidential Debate, Betfair Betting Markets Odds Bounce - Nadeem_Walayat
4.Why Krugman, Roubini, Rogoff And Buffett Dislike Gold - GoldCore
5.End of SPX Stock Market Correction Nears - Tony_Caldaro
6.Get Ready for the Future - Exponential Machine Intelligence Mega-trend towards Singularity - Nadeem_Walayat
7.US Housing Market Bubble II – It’s Happening Again! - Andy_Sutton
8.FTSE BrExit Stock Market Panic Crash Resolves towards New All Time Highs - Nadeem_Walayat
9.Can Trump Still Win Despite Opinion Polls, Bookmakers and Pundits all Saying Hillary has Won? - Nadeem_Walayat
10.Gold’s, Miners’ Stops Run - Zeal_LLC
Last 7 days
Stock Market Investment Success Through the “Investment Rule of 72” - 21st Oct 16
The Final Bottom in Gold - WHEN - 21st Oct 16
Gold Green Lights Upleg - 21st Oct 16
Demand for US Mints Silver Eagles has ‘Returned with a Vengeance’ - 21st Oct 16
Central Bankers Can't Stop The Death Blow Of The Post US Election Recession - 21st Oct 16
The Fortune at the Bottom of the Pyramid: Golden Opportunity for Frontier Asia - 21st Oct 16
Have You Taken These 4 Simple Steps to Improve Your Trading? - 21st Oct 16
The Stock Market is an Accident Waiting to Happen - 20th Oct 16
It's Rally Time for Gold and Silver Equities - 20th Oct 16
Cashless Society – Risks Posed By The War On Cash - 20th Oct 16
China's Insanely Leveraged Housing Market Will Enter Its Secular Bull Market In 2017 - 20th Oct 16
Donald Trump Bounces Going into 3rd and Final US Presidential Election Debate - 20th Oct 16
Attention Please: Phase Two of the Gold and Silver Train Now leaving the Station. All Aboard? - 19th Oct 16
How to Successfully Trade a Stock Market Crash - Black Monday October 19th 1987 - 19th Oct 16
Tesla, Apple and Uber Push Lithium Prices Even Higher - 18th Oct 16
Silver, Debt, and Deficits – From an Election Year Perspective - 18th Oct 16
UK Property Market: Slow Growth Does Not Equate To Decline - 18th Oct 16
Trump Election Victory is in Your Power - 18th Oct 16
Stock Market More to Come! - 18th Oct 16
This Past Week in Gold and Silver - 17th Oct 16
A Falling Stock Market Cannot Be Allowed - Financial Repression Is Now “In-Play”! - 17th Oct 16
Commodities, Forex and Stock Market Trend Forecasts - 17th Oct 16
Stock Market Crash..or No Crash? - 17th Oct 16
A perspective on risk rally – Risks abound but Stock Market is Confident - 17th Oct 16
Bank of England Blames Brexit for Sterling Drop Inflation, Masks QE Money Printing Cause - 17th Oct 16
From Piety to Pride to Pity, America's Racial Divide - 17th Oct 16
Is Obama Juicing US Government Spending To Get Hillary Clinton Elected? - 16th Oct 16
Seek Your Independence: Anything Else Will Destroy You - 16th Oct 16
SNL - US Presidential Debates, 1st, 2nd, VP - Like You've Never Seen them Before! - 16th Oct 16
End of Economic Growth Sparks Wide Discontent - 16th Oct 16
Donald Trump on Life Support, May Abandon Election Campaign and War on Republican Party - 15th Oct 16
The Gold Manipulators Not Only Will Be Punished, They Have Been Punished - 15th Oct 16
Black Votes Matter - Is the US on the Verge of Mass Race Riots? - 15th Oct 16
Gold Stocks Screaming Buy - 14th Oct 16
Brace Yourself for the Quadrillion-Dollar Reckoning - 14th Oct 16
The Next Recession Will Blow Out the Budget - 14th Oct 16
John Mauldin: My Infrastructure Plan to Save the US Economy - 14th Oct 16
World War III On The Brink: War Will Continue Until It Triggers Economic Collapse - 14th Oct 16
US T-Bill Rejection At Ports In Progress - 14th Oct 16
These 2 Debt Instruments Pose Peril to Millions of Investors - 14th Oct 16
China’s Rocketing Housing Market Real Estate Bubble - 14th Oct 16
DIY Winter Home Maintenance Money Saving 22 Point Checklist to Get Ready for Winter/Fall - 14th Oct 16
US Stock Market, Big Picture View - 13th Oct 16
Stock Buybacks Main Force Driving Bull Market; Rewards Investors and Starves Innovation - 13th Oct 16
SPX Gapping Down... - 13th Oct 16
Syria - Obama Stepped Back From Brink, Will Hillary? - 13th Oct 16
The Structure and Future of Gold in the Investment and Monetary World - 13th Oct 16
Can Trump Still Win Despite Opinion Polls, Bookmakers and Pundits all Saying Hillary has Won? - 12th Oct 16
Gold and Crude Oil - General Stock Market Links - 12th Oct 16
Samsung's Galaxy Battery Just The Tip Of The Iceberg - 12th Oct 16
Hillary: Deceit, Debt, Delusions (Part Two) - 12th Oct 16
Gold and Silver Metals Show Strength Relative to the USD Index - 12th Oct 16
Announcing Trader Education Week -- a Free Event to Help You Learn to Spot Trading Opportunities - 12th Oct 16
Confirmed Stock Market Sell Signals - 11th Oct 16
Hillary Deceit, Debt, Delusions - 11th Oct 16
Trump Support Crashes to New Low of 6.4 on Betfair Odds Betting Market - 11th Oct 16
The World Is Turning Dangerously Insular - 11th Oct 16
An American Tragedy: Trump Won Big - 11th Oct 16

Free Instant Analysis

Free Instant Technical Analysis

Market Oracle FREE Newsletter

LEARN to Trade

Sandy Hook Solutions

Politics / US Politics Jan 20, 2013 - 02:38 PM GMT

By: Stephen_Merrill

Politics How do people ever begin to redeem the suffering of twenty tiny souls?  What can help diminish the horrible images Americans will long have of that terrible day the week before Christmas at Sandy Hook elementary school?

In our modern world the answer, as always, is curative legislation.  Legislation is the natural offspring of senseless tragedy wherever it might occur.

Make the manufacture, sale and possession of certain guns a crime.  It is not just the gun that needs banning though; it is the size of the bullet cartridge, too.  This is the largest solution type offered by Democrats, including President Obama.
The NRA chorus is quite the opposite. We need even more guns to deal with these criminals. The wilder gun advocates insist the government force the shopping malls, the schools and the street corners to become militarized by the “good guys”, a gun for every pot, crony capitalism for the merchants of death.  The belief is that only when everyone carries a serious weapon will gun violence be ended, surprisingly, as viewed by the people already armed to the teeth.

Quite frozen in place, the Republicans can offer only armed solutions, condolences with no reassurances it seems.  Everyone be prepared.  The President is allegedly coming to take your guns away.

So, the entire polarized gun debate looks at only unworkable solutions. 

The collective dictate so loved by Democrats, prohibition at some level, not only invades the privacy and security of gun owners.  It is an expensive method for the government to administer that always proves full of holes for the con-artists and criminals to exploit.  In a free nation more and more prohibition in more and more areas is not a go to solution.  The unintended consequences of such laws are typically dire for everyone.

On the Republican side of the debate offering the idea of arming unsuspecting school teachers with semi-automatic rifles so the Second Amendment can be saved has truly hit beyond the merely bizarre. 

Until a few years ago the Second Amendment’s meaning was unknown, a constitutional relic.  Yet, gun prohibition never came close to prospering generally in the US. 

The first US Supreme Court Justice to ever write at length about the Second Amendment, Justice Antonin Scalia five years ago, directly held the constitutional right to bear arms has considerable restraints, as most liberties in life do.

Advocating more and bigger guns to solve a gun problem is no more of a solution than offering more and more debt is to solving a debt problem.  It is the same way nations try to avoid war, through an arms race.  Such notions, even when viewed as self-defense, typically end in tears.

A meaningful solution toward reducing gun violence lies in the opposite direction from more government mandate.  It lies in personal responsibility and the freedom of choice that goes along with it.

There is a doctrine in the civil law of all fifty states known as product liability, a seller’s responsibility for damages caused by one’s product while it was being used for its intended purpose.  In the instance of a severe hazard such as chemical pollution the staunch standard applies, “strict liability” no matter the contributing factors to the later tragedy.  For instance, BP was 100% liable for the Gulf oil spill cleanup as a fact from day one. 

That severe doctrine seems a giant overstep for gun violence though.  No one could seriously suggest gun liability be open-ended, or pass along necessarily to the gun owner as a later seller, too.  There are way too many human and situational variables involved.  Different solutions would be used by the states for their different circumstances, fifty points of light, applying over time the remedies that seem to work in practice.

If gun manufacturers and retailers were made potentially liable for gun violence by their customer, there would be effective background checks like the government could never manage to achieve.  With the irresponsibility of it all vanished, the commerce in guns in the US would return to a more rational state for such a dangerous product.

This well-practiced, bottom-up, free market solution would also compensate victims for some of the deadly consequences of gun violence.  When GM or Toyota makes a car that wrongly kills someone, hollow words are not sufficient in the law, rightfully so.

With personal responsibility coming into place, many of the existing legal prohibitions on guns could easily be set aside, making gun ownership more accessible and private than it has been in our lifetimes: The BATF gone someday, the greatest victory of all for peaceful gun owners.

Do Obama and the Democrats have the political courage to seek a viable solution for gun violence?  Obviously not given Obama’s just announced wish list of legislation.  The US weapons industry need have little concern over Obama getting much in the way of their business model.  The Republicans, we already know, have been bought, lock, stock and barrel, by the gun lobby.

So, all we are seeing arise from the Sandy Hook slaughter, from both sides, is the usual pandering to the cameras.   The irresponsibility in US weapons commerce will continue despite the horrid tragedy, driven by the payoffs to members of both major parties in Washington, D.C.  The wall of special civil immunity for gun manufacturers and sellers purchased from Congress and the state legislatures is far too high to breach so far. 

Empty but tyrannical legislation like Obama’s is intended to compensate in the public’s perception for the lack of serious corrective action being taken by anyone.

When people just going about their lives, little children, are being slaughtered as a matter of routine it is a proper area for a legal solution, something quite necessary to remedy, something well within the bounds of legislative choice.  Protection from random violence is one of the three essential missions of government, first, to protect life, and then, to protect liberty and property.

The better legislative choice by far is movement toward the responsibility that goes with liberty. 

Stephen Merrill is a trial lawyer practicing in Anchorage, Alaska.  He was a founder of the Tidewater Virginia Libertarian Party in 2001, the most successful Libertarian Party affiliate in the nation.  He is now a founder of the Anchorage Tea Party, Occupy Anchorage and General Counsel and Secretary for the Alaska Libertarian Party.  He remains a longtime defender of the Bill of Rights. 

Mr. Merrill served in the Navy Judge Advocate General’s Corps and as a Navy Reserve Intelligence Officer.

Mr. Merrill is the editor of the Alaska Freedom News, formerly the Hampton Roads Freedom News

© 2013 Copyright  Stephen Merrill - All Rights Reserved

Disclaimer: The above is a matter of opinion provided for general information purposes only and is not intended as investment advice. Information and analysis above are derived from sources and utilising methods believed to be reliable, but we cannot accept responsibility for any losses you may incur as a result of this analysis. Individuals should consult with their personal financial advisors.

© 2005-2016 - The Market Oracle is a FREE Daily Financial Markets Analysis & Forecasting online publication.

Post Comment

Only logged in users are allowed to post comments. Register/ Log in

Catching a Falling Financial Knife