2nd Amendment to the Constitution of The United States of America

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

"I ask sir, what is the militia? It is the whole people except for a few politicians."
- George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

Thursday, October 11, 2012

NY Court allows shooting victim to sue Hi-Point and distributor.

A NY court has ruled that a victim of a 2003 shooting can sue Ohio based gun manufacture Hi-Point Firearms and its distributor, MKS Supply, Inc. for selling the firearm used in the attack because the company  conspired to engage in a practice of  "intentionally supplying handguns to irresponsible dealers because they profited from sales to the criminal gun market."

Story from The Washington Post here..

Reading it, I see where there is some concern where the dealer, Charles Brown, was selling large numbers of these firearms to the buyer for cash.  It looks even more suspicious now that Brown is  the president of MKS Supply.  However, despite the spin the media may make on the events, how are we to know if Brown did not think that the buyer was buying these in bulk to resell at gun shows which is a legitimate practice in many places.  You may engages in the selling of firearms as these shows as a private seller as long as it does not constitute your main source of income, in which case you would need to apply for a FFL.  Furthermore, to imply that the manufacturer, Hi-Point, had any knowledge of the intended use of their product my the eventual buyer is preposterous.   This would set the precedence that if you were struck and killed by a drunk driver your family should sue the auto maker because they knowingly sold automobiles into a society that allows the consumption of alcohol. 

Look, Hi-Point will not win any awards for style or aesthetics anytime soon.  And I also doubt you will see them on the hip of any law enforcement or military organization.   But as I have pointed out before, they do fulfill a niche in the industry.   They provide low-cost firearms for people that otherwise may not be afforded the ability to defend themselves.  Unfortunately, its this low cost that also attracts their use as "throw away guns" to certain criminal elements.   Their products may be blocky, but generally they work when needed.  The "Anti's" have often gone after the proverbial "Saturday Night Special" variety of firearms, and the inclusion of a caliber requirement  to avoid their import has even kept some legitimate firearms out of this country (the Glock G25 in .380 ACP cannot get enough "points" to be imported here because of its caliber).  However, I think that without a low cost alternative to what would otherwise be a $500+ purchase in other cases, we are economically denying parts of our population the right to exercise their 2nd Amendment rights. 

I don't see this case going far in court, but its still a concern for all citizens concerned about the 2nd Amendment. 

Here is a review that I did on the Hi-Point C-9 pistol (the one mentioned in the article) from way back in June of 2008.

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