Gun building & Liability

[mikesto44]

I've always been a believer of CYA. Last gun show I attended I had two muzzleloaders for sale. Both custom built but with NO touch hole, or vent.
Both were made with excellent parts. One well known gun maker asked why no touch hole. I told him if the buyer wants one. They can have one put in. Otherwise they are display only. He said are you afraid of being sued..? No but I have no idea how smart the purchaser is... Just look at the crazy questions that are asked on here...!

 

[springfield art]

I’m not a lawyer, but I also don’t think it is idiotic for someone who believes they have enough experience with firearms to unknowingly use smokeless powder in a blackpowder firearm. Maybe they have reloaded shot shells for a long time and already have powder they think is suitable. For that reason, as a gun maker, it may make sense, for safety to at least have a discussion about that with the client, for safety rather than legal reasons. The stamp would protect other people if the gun passes beyond the original owner.

Or even require buyer to sign form that he's read & understands; keep on file forever.

 

[waarp8nt]

Well....people do what we consider to be stupid things. I've advised small business owners my entire career and worked closely with attorneys in an array of business issues.

The LLC, like a corporation will protect the owner from liability as long as "the rules" are followed. Represent the business as a separate entity (business cards, letterhead clearly state LLC or Inc if a corporation) along with a plethora of other rules and regulations.

"Piercing the corporate veil" is a legal phrase when the attorney suing is attempting to reach beyond the entities assets and get at the (likely) more lucrative shareholder's assets. But that's a high bar to get over ....again...as long as the rules of representation are followed. State laws also come into play as each state has their own.

The creation of separate entities are to foster business growth and business ideas. That's why it's not suppose to be easy to pierce the corporate veil.

Well written! Certainly more informative than my incoherent ramblings.

Or even require buyer to sign form that he's read & understands; keep on file forever.

Good idea, unfortunately it was the buyer who purchased the T/C Renegade used, who didn't have any paperwork (or instruction manual) that won the law suit.

 

[ChuckJonesWagon]

Well written! Certainly more informative than my incoherent ramblings.



Good idea, unfortunately it was the buyer who purchased the T/C Renegade used, who didn't have any paperwork (or instruction manual) that won the law suit.

Thank you. You'r ramblings are not incoherent.

BTW, if you're a dealer in firearms, have an FFL, shop, website etc, then YOU are considered the expert. Not the customer. It may be wise to have a short document draw up by your attorney stating the do's and don'ts of the major points of a firearm.

Obviously you can't cover every possible circumstance that people will do...like say "Don't carry a firearm with the muzzle under your armpit".....you know......

 

[Anthony]

Thank you. You'r ramblings are not incoherent.

BTW, if you're a dealer in firearms, have an FFL, shop, website etc, then YOU are considered the expert. Not the customer. It may be wise to have a short document draw up by your attorney stating the do's and don'ts of the major points of a firearm.

Obviously you can't cover every possible circumstance that people will do...like say "Don't carry a firearm with the muzzle under your armpit".....you know.....

 

[Anthony]

Thanks for the information. Like the idea of a non drlled torch hole.