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Untitled Gun Control Post

Why does this column have no title? Because, good readers, I began looking at this editorial from the L.A. Times last night and it’s still too mind boggling to wrap my brain around. Jeffrey Fagan and Stephen D. Sugarman seem to be upset over the Supreme Court’s finding that the people’s right to keep and bear arms actually means they have a right to keep and bear arms. Further, they’ve never quite gotten over Congress deciding that people can’t sue gun manufacturers out of existence for selling products that do exactly what they are advertised to do. Never ones to be deterred, however, the intrepid duo have a modest proposal for us. (All supplied emphais mine.)

By using a strategy known as “performance-based regulation,” we would deputize private actors — the gun makers — to deal with the negative effects of their products in ways that promote the public good.

In other words, rather than telling gun makers what to do, performance-based regulation would tell them what outcome they must achieve: Reduce deaths by guns. Companies that achieve the target outcomes might receive large financial bonuses; companies that don’t would face severe financial penalties. Put simply, gun makers — whose products kill even when used as directed – would have to take responsibility for curbing the consequent public health toll.

So under this plan, products manufactured to meet or exceed all current safety requirements, (multiple safety locks, able to be fitted with trigger guards, fail-safe firing pins, etc.) would still be responsible for the actions of people employing them long after they leave the factory. I must say… that’s some crackerjack thinking. In fact, I believe this revolutionary model could be employed to solve a host of other problems.

Police have recently noted the rise in cases of young people illegally obtaining powerful prescription drugs and abusing them for dangerous, recreational use. For each instance of such abuse, perhaps we could levy multi-million dollar fines on the pharmaceutical companies. Soon we could effectively shut them all down and there won’t be any drugs for anyone. Problem solved!

Obesity is a growing problem (… sorry) in our nation which leads to a host of health related disasters. Beyond that, it can ruin the view at public beaches and pools, so it hurts the tourism industry as well. (It’s sort of a negative trickle-down thing, don’t you know.) Let’s propose a set of benchmarks for restaraunts in the United States to meet. If the average Body Mass Index in the country doesn’t come down by a given percentage each year, these transfatty death merchants would be fined en masse. To avoid the penalties, restaurant owners would have to be able to demonstrate that they only served tofu, garden salads, green tea and room temperature tap water.

Oh, and while we’re at it, every time some gang-banger beats up another gang-banger with a Louisville Slugger, let’s impose a massive fine on Major League Baseball. I’ve still never really gotten over the players’ strike of 1994, and this would be an excellent way to show those bastards that we’re still ticked off.

  • superdestroyer
    You did not take the satire far enough. Maybe local law enforcement, public schools, public transportation, and social welfare agencies should also be subject to performance-based regulation.

    If a school graduates someone who cannot function at the 12th grade level, the former student should be able to sue the school. Crime victims should be allow to sue local law enforcement. If the bus is late, riders should be able to sue.
  • No, no, no, SD. You're missing part of the real beauty of this plan. See, nobody is allowed to bring a law suit against any of them. This is Congress directly imposing benchmarks, and if society doesn't deliver on the goals, then fines are imposed which are collected directly by the government. If you let people sue, all you can do is tax them on the income and they keep part of it. Under this plan... whoosh! Cash straight into the congressional coffers and you cut out the middle man!
  • superdestroyer
    Jazz,

    I guess that why the plan exempts the government from its own policies. Maybe state governments should fine local government when they fail to reach benchmarks. Then the federal government can fine state governments for failure to reach certain benchmarks.
  • CStanley
    Actually, Jazz, the income redistribution that is promoted by liberal/progressive policies is doing exactly what you suggest: when the free market doesn't meet its benchmarks of a bell curve of income distribution, the govt does confiscate and redistribute.

    Those fines that you speak of are also known as progressive taxation.
  • runasim
    Oh, yes, let's have unrestricted weapons ownership.
    Since life begins at conception, according to some, a little revolver should be part of every love encounter. At least, one should be provided in every delivery room.

    Just think of the benefits in reducing unruly behavior in classrooms. and playgrounds Instead of time-outs, we could have shoot outs.

    No more need for the police or prisons. A good gun fight would settle it all, at minimum cost and eliminating intervention by that nasty governemnt in the processs.
    , .
    For that matter,, why have a government? Pass out the weapons, and let the best shot win. .

    C.Stanley , too, wouldn't need to worry about income resdistribution by progressives and lib'uls. That would be accomplished at gunpoint.

    Are we having fun yet?
  • pacatrue
    I agree with Jazz overall in the sense that I think the 2nd amendment clearly does give individuals the right to own guns, and so from that perspective it's the right legal decision.

    However, I couldn't help but notice the prescription drug satire doesn't quite work as the government actively controls prescription drug use. We can't get many drugs without a government-licensed agent (a doc) giving us temporary permission to buy the drug from another government-licensed agent (a pharmacist) who then will only give us the amount instructed by agent one. In the world of weapon ownership, it would be like checking out a rifle from a government dealer to use for our hunting trip and then returning it when done. If we don't return it, we could face government-imposed fines or jail.

    Actually, this does make me wonder. What if we had a 2.5 amendment that read, "In order to ensure the health and well-being of the populace, the people shall retain the right to seek medical counsel and practice." Or something similar. Would such an amendment make the FDA unconstitutional? Very interesting question actually, which makes me think more about the real Second again.
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