An Idaho nuclear research scientist, Veronica Rutledge, was killed Tuesday in a horrific accident where her 2-year-old son pulled a loaded handgun from her purse and shot her at a Wal-Mart. The gun was in the Christmas gift that Rutledge had received from her husband: a purse with a special pocket for a concealed weapon.
Rutledge, 29, worked at the Idaho National Laboratory and (like her husband) was a gun aficionado.
The loss in Idaho for this family is truly horrific. I do not believe (as some have suggested) that this tragedy is an indictment of gun ownership or even the expansion of concealed weapons permits. In Idaho, more than 85,000 people — 7 percent of the state population — are licensed to carry concealed weapons.
What I do believe that the tragedy shows is the still rudimentary state of firearm technology. We have previously discussed how the introduction of “smart guns” could eventually lead to product liability claims in cases of accidental discharges, particularly involving children. One of the most disturbing aspect of this accident is the ease with which a round can be discharged by a toddler. It is not clear if the safety was on the weapon, though as an experienced gun owner I assume that Rutledge had the safety on. However, it is not difficult for a child to switch of a safety. Many new guns will still not discharge without being held by the owner due to an activating ring or other recognition factor.
As noted earlier, there is a chance that “dumb” guns will be viewed as defective. At one time, seat belts and air bags were viewed as extravagances. Personalized guns, or smart guns, can use RFID chips or other proximity devices as well as fingerprint recognition or magnetic rings. Magnetic ring guns are already available. There are even new designs that would allow biometric sensors in the grip and trigger known as (DGR) Dynamic Grip Recognition, which the New Jersey Institute of Technology says can distinguish an owner with 90% accuracy.
Under the two basic tests for product defects such new designs can change the legal equation. Under the Second Restatement test of 402A, product design is defective is it is more dangerous than the expectations of the ordinary consumer. New technology can shape such expectations as smart guns become more prevalent. Under the Third Restatement, “a product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design … and the omission of the alternative design renders the product not reasonably safe.” This could be claimed as such an alternative design if the costs come down and there is no real alteration in functionality.
While the public safety benefits are obvious, the NRA has generally opposed these guns as having the potential for gun control options in future legislation. In all honesty, it could. While the Supreme Court has recognized that individuals have Second Amendment rights to bear arms, it did not rule out reasonable limitations. Mandatory safety designs would likely pass muster in some cases. Torts and technology have long had a unique relationship in the law. This is one technology that may be coming not only to a store but a courtroom near you.
Rutledge was valedictorian of her high school class and graduated in 2010 from the University of Idaho with a chemistry degree. She published several articles, including one that analyzed a method to absorb toxic waste discharged by burning nuclear fuel.
Source: Washington Post
DBQ, My lovely bride was like a pizza oven @ night during “the change.”
I defer to Aridog’s superior knowledge in guns!!
/bow
DBQ said …
Depending on the type of gun, it is not all that easy to disengage the safety …
Well, it can be, even accidentally…which is why I prefer those hammer fired pistols with de-cockers. Even safety off, they cannot shoot without a 8-10 lb pull on the trigger. No 2 year old can manage that. Even dropping it on the floor won’t result in an AD. Hammer is not cocked. Simple.
Issac said …
… the NRA musters its forces and finances and threatens the representative to vote increased controls down. This is history and has been documented over the past dozen or so years … One life ruined and another lost because a bunch of extremists won’t budge.
Oh, poppycock 🙂 I’ve been an NRA member for ages, one who disagrees with some of their stances (that really IS allowed within the membership), never the less, the NRA teaches, encourages in fact, training and safety. That and they represent a mere 5 million (some say less) of so of our 300+ million population…e.g., a whole bunch of others seem to support their concepts without the membership. My membership dates to 1949 at age 7 (Junior NRA in those days) and nothing I’ve ever learned from the NRA was not dedicated to safety. “Gun control” isn’t about gun safety, or even gun prevalence…it is a political position, not a humane position. As far as I am concerned, make everyone take a minimum tier one NRA course, and we’ll all be safer, even in war. Among other things, the military won’t have to spend 4 weeks plus teaching folks how to shoot in the first place. We “extremists” will, in fact, “budge” when the advocacy for “control” drop the political nonsense.
Otherwise, I’d agree with what you’ve said.
Maybe we should insert RFIDs into recidivist criminals to allow other citizens to disable their brain whenever they try to offend again.
Another good point from Darren which I didn’t know or consider. The RFID enabling doesn’t render the weapon useless as long as you or your dead body is near it.
@ Nick.
That won’t help with the menopause thingy. You would need to remove all cast iron frying pans and kitchen utensils. I made it through without killing anyone….but it was a close call sometimes. 😀
DBQ, I don’t know, I think women like you should be required to undergo a psych evaluation. And, I think guns should be removed from all women when they are going through menopause!
Nick – I did move the pistol as my wife entered menopause.
Here is another situation with an RFID enabled pistol.
The premise is that if such a pistol is taken away from the owner it will be rendered inoperative. That might be true in many respects but consider this: If someone attempts to disarm you and snatches it from your hands he can still shoot you if the ring you are wearing is close to the pistol itself, as would be the case in a struggle for control of the pistol.
100% in agreement with Slohrss 29.
There should be mandatory gun ownership training for hand guns, other guns and also for hunting licensing.
California already has a requirement for hunting licenses. I’ve taken the course when I got my hunting license. I think it should also be not just for first time licensing but periodically renewed. Refresher courses to make sure you are still educated about hunting safety.
In a continued effort to reduce firearm accidents, the State of California requires all first time resident hunters, regardless of age, to complete hunter education training or pass a comprehensive equivalency test before purchasing a hunting license.
I see no reason that anyone who is a legal and responsible gun owner would object to taking a firearms safety training course for all other gun ownerships….not just hunting.
We have a lot of gun knowledge here. Sometimes I like to read a thread and think just how different it would have been a year or so ago. I always like to compare and contrast. One way I do this is see the horseshit Obama does and visualize how the MSM would cover it if he were a Republican. We have a lot of diversity here now. What a difference a year makes. A gun thread, which is always emotional, and quite civil.
I see Isaac has backed off psychological evaluations for gun ownership. I think a some of his anti-gun mentality comes from living in Canada. Victoria is a beautiful city, though. I think Vancouver is trending toward Detroit.
Nick – if I lived in Canada I would not be anti-gun. Everytime the US gets mad at England it attacks Canada. 🙂
Hard cases make bad laws.
A son killing his mother because of her mistake is a tragedy.
We can learn from it. Aridog’s comments are most helpful in that regard.
But little else can be learned.
It’s just rubbernecking to an extent.
As for Pat Richards – “Guns are for cowards,” well…
Hard cases make bad comments.
Check your credit cards today for the RFID devices (several have them, most often bank debit cards)…you need to carry them in a shielded envelope
My husband does this for those in his wallet. I carry mine in a metal case in my purse with slots for the cards. It is RFID safe. Also somewhat of a protection from magnetic erasure. Something that would likely happen when I have to wear magnetic rings 24/7 in order to use my weapons. Do I need to have a separate ring for EACH weapon? If so I hope they are pretty since I will be fairly decked out. 🙂
A pistol with an RFID chip and “identity” features can be hacked by most anyone with a $30 device to read the RFID code.
People who rely on technology to keep them safe are also foolish [stupid] as anyone can eventually hack the technology.
Aridog
You are certainly right about the NIST standards. I read recently where a cesium (?) based atomic clock had an accuracy greater than the NIST F2 clock in that unlike the latter which had an accuracy of 1 second in 300 million years, it had an accuracy based in the 5 billion year range. (I believe it was)
The clock was so accurate it could measure the gravitational time dilation difference between one clock and another twelve inches above it.
Pat Richards….fair enough. I recommend you never enlist in the military services. Those places are rife with “cowards.”
I know you meant “civilians” however, but given that my experience with guns dates to 1949 (rifles in the Junior NRA of those days), and 1968 with the military, I’d say you are rather close minded. You actually expect young men and women to enlist to fight on your behalf, even if or when you don’t agree with the cause per se, to be “cowards” … even when they return to civilian life and continue to enjoy target shooting, or even hunting for those who do (IMO those who do not eat what they shoot are sad cases…YMMV). Of course you do….interesting world you live in, tell us about any time you’ve faced an armed enemy, soldier or civilian, that you managed to carry out your philosophy. Was it Kung Fu that did it for you, or the more mundane Taekwondo? Maybe Isshin-Ryu karate? Just what do you use in your world? My now very ancient black belt in Taekwondo was no match for an AK-47. And you?
Slohrss 29
This is exactly the issue. You can’t stop every accident, murder, or mishap with a gun. However, it is possible to reduce the numbers. If someone wishing to own and possibly carry a gun were obligated to attend a number of safety and handling courses, only an idiot would state that that would not lower the numbers of accidents.
The problem is that when voters demand tighter gun controls the NRA musters its forces and finances and threatens the representative to vote increased controls down. This is history and has been documented over the past dozen or so years.
There is nothing in the 2nd amendment that states that training and safety courses shouldn’t be part of the ‘right to bear arms’. This is where it is highly interpretive and where the NRA comes to bear.
If Adam Lanza’s mother had been obligated to attend a training course and had been made aware of the dangers her arsenal might pose, given her son was unstable, the slaughter might, just might have been avoided. So, the big question is do we keep the right to bear arms with or without an intelligent approach focused on reducing the meaningless deaths? In other words does the recent death of this woman remain meaningless or does it serve to prevent more unnecessary deaths?
We make drivers attend courses and pass exams so that they will not go out onto the public roads and kill innocent people. The 2 year old could have killed someone else. Why don’t we obligate training for goofy fu*^ks that like guns and give them out as Christmas presents? One life ruined and another lost because a bunch of extremists won’t budge.
This woman is dead because she is stupid and careless.
She had a loaded round IN the chamber?!?!?!!!!! or did not have her safety engaged. Depending on the type of gun, it is not all that easy to disengage the safety. The safety mechanism SHOULD be harder to switch than a toddler can handle and they should have thought of this possibility when obtaining a gun.
Her gun was accessible to a toddler!! She either left her purse open and off of her person for a toddler to be able to reach in get the gun WITHOUT her awareness. She was not paying attention. Toddlers are not reasonable and MORE precautions need to be taken when you have any weapons around children…guns, knives, bug spray, you name it and a toddler or small child WILL figure out a way to get at it. Agreed with Ari….passive safety is a scary dangerous thing. You need to be deliberate and have to THINK about taking the steps to releasing the safety and it should not be as easy as just picking up the weapon.
Smart guns are just a way to make it more expensive and difficult for responsible legal gun ownership.
Personalized guns, or smart guns, can use RFID chips or other proximity devices as well as fingerprint recognition or magnetic rings. Magnetic ring guns are already available. There are even new designs that would allow biometric sensors in the grip and trigger known as (DGR) Dynamic Grip Recognition, which the New Jersey Institute of Technology says can distinguish an owner with 90% accuracy.
So I have to wear a magnetic ring 24/7 in order to be able to use my gun in an emergency??? If I am in an emergency situation where I am disabled unable to use my fingerprints to activate the weapon, my husband (assuming he doesn’t have his own fingerprint activated or magnetic ring weapon) or any other person who is available to pick up the weapon and protect us is rendered incapable. OK maybe he could throw the gun or beat someone with it like a big rock….but as a gun it is useless.
RFID Chips for proximity. So I can only use my gun if I am in the near proximity. A magnetic chip embedded in my gun and a corresponding one near the gun? (If I am understanding this technology correctly?) Do I have to be implanted with the tracking chip so I can use my weapon? Welcome Brave New World. Then the government can not only track the gun but my person as well. Yay!
Because some people are stupid, careless everyone needs to suffer and be punished or inconvenienced. I prefer to think of it as Darwin’s Law. I’m sorry for her, her family and most especially for her child…..but she lost.
My old man taught his 4 kids how to drive. He taught us, when a ball rolls on the road, driveway, parking lot. You STOP!! He taught us a ball is a stop sign and there’s a cop watching. I taught our kids the same.
Darren … I agree with you on the “smart guns” matter. Anything that takes away the direct control of the holder is not for me. A pistol with an RFID chip and “identity” features can be hacked by most anyone with a $30 device to read the RFID code. Check your credit cards today for the RFID devices (several have them, most often bank debit cards)…you need to carry them in a shielded envelope (like the PASS Cards alternatives for Passports for use returning from Caribbean, Canada, & Mexico by land transport) or any fool can read your information and copy it. For pistols, good luck with that 10% no-fire item. Heck, we insist (by NIST code and most state laws adopting it) on 1/10th of 1% accuracy (or the digital derivations) for buying and selling peanuts or tomatoes. As an industry member of the NIST (formerly the NBS) annual conference, I was surprised at how close the tolerances were demanded to be. It is among the reasons why we haven’t switched to the metric system here (yet)…e.g., there is no way to accurately, within the tolerances stipulated, to have a machine that converts metric to English measures. The original Metric effort called for devices that could convert. Won’t work. Only way is to mandate one system or the other, not both. A Weights & Measures inspector (long ago now) was killed here when he discovered a gas station operator who had rigged his pump devices to read out in “gallons” but measure for cost in Liters….at the per gallon price. Whoops.
Save me from too much “technology” where it isn’t appropriate.
This was a tragedy. Incidents of innocent people killed by guns seems to always make the front page, what you don’t hear is the crooks being killed by a person with a gun or what if that couple in southern California that were murdered had a gun handy. If you want to ban guns start with the bodyguards of the politicians, that’ll never happen