re: #77 Targetpractice

How about in the scenario where the dealer sells it at a gun show without bothering to do a background check? It’s a perfectly legal sale, as it complies with laws concerning private sales, and the dealer says he had no reason to believe the guy was up to no good. The pocket pistol then gets used to hold up a liquor store and two people get killed.

In that case the dealer likely is liable, but the manufacturer would not be unless it had sold it to the dealer and had a reason to believe he would not follow the law.

One thing to note is that “dealer” refers to someone holding a Type 1 Federal Firearms License (FFL). All FFL holders must keep a record of all guns they take ownership of and all guns that they sell. Type 1 FFL holders must also use the the instant check system called NICS to verify that the buyer is lawfully allowed to own a firearm. This is true even at a gun show.