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
“I’ve been smart enough not to enlist.”
I wouldn’t enlist at Adelita’s either; I hear herpes is the only bonus you’d get.
Olly
“You haven’t spent much time on base have you Anarchist? ”
Well, not as much time as I’ve spent at Adelita’s, I’ll admit. I’ve been smart enough not to enlist.
John G.
“Now why wouldn’t, as a part of gun ownership, liability insurance be a requirement to be a user of firearms.”
Why not force people to carry liability insurance for every item you own that is capable of causing physical injury? Even better, why not force parents to purchase liability insurance to cover potential damages caused by their children?
The concept of “liability insurance” is just one more attempt to criminalize and limit gun ownership. It’s a dumb one too, since it opens up the prospect of forcing people to carry insurance for all sorts of objects that they own. Americans already pay a cripplingly high amount of their income for insurance.
The Chicago carnage, mostly young, black, males, must ALWAYS be accompanied w/ the fact that Chicago has the most restrictive gun laws in the US. How’s that working???
I have a suggestion I’ve made previously regarding Camp Pendleton. We should close the base and sell that 15 miles of incredible coastal real estate. It could bring in billions. Of course, the govt. would get 10% of its value, giving sweetheart deals to cronies. For those unfamiliar, Camp Pendleton sits on the CA. coast, between LA and San Diego.
Mothers need training in dealing with 2 year olds.
John G …. long time NRA member here: I’d not have a problem with insurance per se, if it did not include the presumption of guilt for every incident. As it is in reality, if you, as a concealed carry permit soul, ever draw your weapon, let alone use it, your life is ruined, in court and generally…it makes you pause a bit. No insurance policy can ameliorate that. Judged by 12 rather than carried by 6 is only valid until you get the lawyer’s bill.
Olly…dagnabit…you beat me to it!
Just a thought to add to the subject of firearms. Why don’t gun owners have to carry insurance on their weapons in much the same manner as motor vehicle owners. All of my cars and motorcycles had to be insured as a part of the deal to be able to operate them on the street. Now why wouldn’t, as a part of gun ownership, liability insurance be a requirement to be a user of firearms.
You haven’t spent much time on base have you Anarchist? Those days are long gone. Careers end on far lesser infractions than DUI and here, radar is actually enforced!
Right next door. I agree on your comments regarding the new Congress. I will be interested to see if the veto pen will be reported as a do-nothing Congress.
“yep, on Camp Pendleton you should be very safe”
All the drunk marines, MP’s, and checkpoints diminish those prospects significantly. You’d be safer going to Adelita’s in TJ, unless it’s herpes you’re concerned about.
Olly…yep, on Camp Pendleton you should be very safe…going to and from there maybe not so much. Unless you live there. Good luck.
Olly…as for “bring on 2015″…if our elected clowns pass a real annual budget (12 appropriations) by 01 Oct 2015 I will be one happy guy….its been 6 years since that happened, so Congress, make my day, eh! No excuse not to do so, y’all have a new majority in both houses, the agencies are busy putting together their annual budgets now (I do not miss that stuff even a little bit) to submit to you by April…now if you try real hard, you can manage to pass a real budget, for FY 2016, with adequate debate, by 30 September 2015. Go ahead, represent those who elected you. Just. Do. It.
Aridog,
We are going bowling on Camp Pendleton tonight which I believe will be one of the safest places in Southern California.
Olly…same to you, and for those with firearms…do NOT shot them off in to the sky. What goes up must come down and all that…in fact don’t even shoot them at all. Just watch the ball drop on CNN, Fox, ABC or CBS and kick back. Tonight is one my “no go” nights, along with St Patrick’s Day…both amateur nights for real. Not because I might drink, but because of those who do may t-bone me through a red light in their celebratory mood. At home all I need worry about is if our dog(s) need to go to dump something. And I know they will, quite soberly, and persistently, tell me when they do need to go. Living in a Shiite Muslim neighborhood does have its benefits…no bars and no drunks.
Happy New Years to all here and everywhere.
Even to those cretins who disagree with me 🙂
Whew! Happy New Year.
Issac …… the pro-gun goliath … Oh, please, the NRA has but 5 Million or less members in a national population of 300+ Million. More like “David” IMO. That said, their influence mirrors the thinking of a whole lot more people than are members. Although I frequently disagree with NRA positions on certain topics, I insist, from direct personal experience, that they sponsor first and foremost safety in all forms of gun handling. Been a member since 1949 (Junior NRA in those days) and I do not regret it. Encouraging legal gun sales does not feed the illegal gun market directly, even slightly, so let’s dispense with that shibboleth straight away. I’ve carried a gun in both war and peace, and have yet to draw one in peace per se. In war, I was invited to do so…or die. So cut the emotional stuff, reality will sneak up on you.
Isaac-
“In other words, make no attempt to curtail those that shouldn’t have guns, or we will move against you.”
That’s how pac’s work.
“The NRA’s most generous gun industry backer is MidwayUSA, a distributor of high-capacity magazine clips, similar to ones that Lanza loaded into his Bushmaster rifle and Glock pistol. ”
Adam Lanza didn’t own either a Bushmaster rifle or a Glock pistol. He murdered his mother and stole hers.
“These clips increase the lethality of weapons ”
Yep- those weapons were manufactured to kill people during military conflict, and given the decline of our government into totalitarianism combined with the militarization of our police force, it’s sensible to retain our offensive capacity. That ought to be obvious, given the fact that our Nation began with the armed overthrow of our previous government.
Your observation that arms companies donate money to an industry pac is completely irrelevant. Do you suppose that retail companies, foreign nations, unions, and trade organizations outside the gun industry don’t do the same?
I want to wish everyone a very safe and joyous celebration this evening. Bring on 2015 already! See you in the new year.
That’s enough? You haven’t said anything new! My only takeaway from this post Isaac is the NRA has a great candidate evaluation process that is proving very effective.
DBQ
A last retort before I take off for the big yearly transition.
“Expanding background checks, at gun shows or elsewhere, will not reduce violent crime or keep our kids safe in their schools,” top NRA lobbyist Chris Cox wrote in a letter sent to senators Wednesday night. “Given the importance of these issues, votes on all anti-gun amendments or proposals will be considered in NRA’s future candidate evaluations.”
In other words, make no attempt to curtail those that shouldn’t have guns, or we will move against you.
The NRA’s most generous gun industry backer is MidwayUSA, a distributor of high-capacity magazine clips, similar to ones that Lanza loaded into his Bushmaster rifle and Glock pistol. These clips increase the lethality of weapons by allowing dozens of shots to be fired before the shooter has to reload. According to its website, Midway has donated about $7.7 million to the NRA through another fundraising program that dates back to 1992. Under this program, customers who buy Midway products are asked to “round up” the price to the next dollar, with the company donating the difference to the NRA.
Regarding the type of weapons, there surely must be a point where a line is crossed. Nick says it’s an aircraft carrier.
The gun industry and other large corporate and individual donors chipped in $71.1 million in 2011 to NRA coffers, compared with $46.3 million in 2004, according to a Bloomberg News review of NRA tax returns.
The NRA’s fierce lobbying for other laws — especially bills that have passed in almost every state allowing the carrying of concealed weapons — also seem to have endeared the pro-gun goliath to many companies. After Wisconsin passed its concealed carry law, Fifer of Sturm Ruger told analysts in an earnings call that sales in the Badger State should get a boost.
As the debate about gun control moves forward, some analysts said the NRA’s hard-line rhetoric benefits the gun industry in another way: it boosts sales.
“The NRA is generating fear,” said Vizzard, the former federal agent. “The industry has learned that the more controversy there is about guns, the more guns sell — whether it’s a legitimate controversy over a bill, or a trumped-up one like, ‘Obama’s been re-elected, they’re going to take away our guns.’”
The NRA’s ability to intimidate legislators at the polls may also be waning after last fall’s election. The NRA spent $17.4 million on the presidential and congressional contests in last year’s general elections, according to Open Secrets, the web site for the Center for Responsive Politics.
The National Rifle Association is threatening to give lawmakers who support “anti-gun” measures poor grades on the organization’s political report cards.
“Expanding background checks, at gun shows or elsewhere, will not reduce violent crime or keep our kids safe in their schools,” penned NRA lobbyist Chris Cox in a letter to senators, according to NBC News. “Given the importance of these issues, votes on all anti-gun amendments or proposals will be considered in NRA’s future candidate evaluations.”
That’s enough for this year.