Sunday, May 27, 2018

The Ethics of Gun Sales

Here’s another hypothetical for you: Suppose for a moment that you own a retail business, and the child of one of your customers uses something that his/her parent purchased from you to commit a heinous crime. Let us also suppose that the product you sold in entirely legal in your city, county, and state, that ownership of such articles is (debatably) protected by Federal law, and that you have complied with or exceeded the requirements of every law and ordinance that regulates these purchases and your class of business. Let us further suppose that your customer took all measures required by law and all of the measures that a reasonably prudent person would take to secure the article he/she purchased from you, and that their child defeated those measures and precautions in order to get access to the article. What degree of responsibility do you still have for the resulting heinous crime?

Before you answer that, consider what your opinion would be if you owned the company that had manufactured the article used in the aforementioned heinous crime. Suppose that your product was legal to produce in the United States, that you were in full compliance with all state and Federal laws regarding the production, distribution, and sale of your products, and that the heinous crime in question was committed by a person unknown to you in a location hundreds or thousands of miles from any facility that you own. What degree of responsibility would you and/or your company have for the heinous crime mentioned above?

As you’ve probably guessed, there is such a case currently before the courts following the Santa Fe Texas School shooting, as the families of some of the victims have brought suit against the gun store that sold the guns used in the shootings, and the companies that manufactured them. People who identify as pro-gun and/or libertarian are calling these actions absurd, and are comparing them to the lawsuits filed against food companies for making the plaintiffs obese. People who identify as in favor of gun control and/or victim’s rights have responded by saying that if you’re going to manufacture and/or sell devices that make it remarkably easy for a single deranged individual to injure or kill a great many other people in a short period of time, you’re going to have to expect to be held responsible when exactly that happens…

As an amateur historian I actually do have some knowledge of both the inclusion of the Second Amendment in the Bill of Rights and the ways it has been interpreted in modern times, but I’m not going to offer opinions about Constitutional Law without a license. The legal exposure (or lack of it) that these companies might have in this case is up to the court system, not scruffy business bloggers. For now let’s stick to the issue at hand: what ethical responsibility do the people who make and sell guns have for atrocities committed by their customers?

On the one hand, one could argue that any customer could conceivably use any tangible object to commit a crime, regardless of whether or not that object is normally considered to be a weapon. Nothing else appearing, a customer could use the objects you have sold them to stab, bludgeon, or smother their victim, and the number of things that can be used to poison an adult human being are appalling once you start to enumerate them. On the other hand, guns generally have no practical function other than launching small quantities of lead into targets at extremely high velocities. Guns do not, in fact, kill people. They do, however, make it far too easy for people who have one to kill other people. And while there are some people who do have a legitimate need for a gun, decades of historical data covering millions of incidents very clearly establishes that the odds of being killed in a gun mishap (or a gun-related suicide) are several hundred times more likely than the odds of defending one’s self or one’s family with a personal weapon…

All of which brings me to the question: Do we, as business people, have an ethical responsibility to prevent customers from purchasing consumer products that could be used to injure or kill another person, either by them or by someone who has stolen the products? Alternately, do we have the right to tell anyone what kinds of products they should or should not be allowed to purchase, let alone prevent them from doing so by refusing to make and/or sell those products? Even granting that the current gun laws in this country are clearly not sufficient to prevent multiple school shootings every month in America, do we want to have private citizens deciding which Constitutional rights their neighbors should or should not be allowed to exercise? Or should we just make products that people want to buy, offer them for sale at competitive prices, comply with all Federal, state and local laws, and let the people decide for themselves?

It’s worth thinking about…

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