Im not picking on you bountyhunter, your post is similar to many above.
Quote:
Originally Posted by bountyhunter
There is absolutely no criminal intent if they hold a gun which they can not repair to a safe condition. There is no crime.
|
This would be a civil matter, its a property dispute. They didnt take it from you, you gave it to them. Much the same as a dry cleaner that wont give you back your jacket. You cannot have the police arrest the local dry cleaner.
Quote:
|
In the interaction, they are legally held to a much higher standard of knowledge and responsibility. If a car dealer was servicing your 1963 BMW and noticed the rotors were worn past the safe limit but didn't fix it because they could not get parts for such an old model.... they would be liable for any crash related to brake failure.
|
IMHO, this is somewhat true, they would be seen as an expert. How ever they cannot refuse to give back your car, nor offer you a nominal sum for it. If you want your car back, you can make a big fuss. They can how ever make you sign waviers, and other such things. This would prove that you knew the condition of things and the dangers involved. IE a paper trail of liability.
Quote:
|
With a gun, catastrophic failure is so dangerous that the maker will simply not assume the risk of returning a defective gun to service if it is in their hands.
|
id say less danger than a car. A gun cant run into a school bus full of kids, or other such things.
Quote:
And you know why:
"Ladies and gentlemen of the jury, this death weapon from hell had been serviced by the maker only nine years prior to the incident and the manufacturer did not disclose the risk to my poor client..."
|
yes or the manufacture pulls out signed forms saying that Mr X knew that this was defective and despite our warnings and misgivings he wanted this back. Mr X stated that this was a family heirloom and want it as such. In fact before it was returned to him the firing pin was removed making it unable to fire and therefore safe, unable to hrut anyone. Please see copies of the signed documents telling Mr X that the gun was rendered in operable and should remain so. He knew the risks and dangers, despite our warning he acted in a reckless manner and caused such an incident.
I could go on with this but you get the point.
I happen to work in an industry with lots of old machinery. Sometimes you find one that OSHA has found to be unsafe by design. Meaning that not matter what you add to it safety wise its still unsafe. If the manufacturer is still around and they find out who has it they will send a certified letter to the owner. They explain that its unsafe and they must stop using it. They dont offer any money or anything else. Also with things like machine tools and forklifts, if the item is scrapped. And for what ever reason it winds up back in service someplace. The prior owner still has a liability. So if you scrap something like that you need to make it permanently inoperable. Liability is a funny thing sometime...