Between Bushmaster And Murthy It Wasn’t Such A Great Week.

It hasn’t been such a great week for the gun business.  First and most important, gun sales are really in the tank and don’t show any signs of improving. Ruger stock, which hit an all-time high of $85 a share back in January, closed yesterday at under $35. Smith & Wesson, which was at $17 in June, is now selling for around $9.  Nobody expected these companies to maintain the sales numbers they posted over the last several years when everyone believed that a new gun bill would somehow squeak through in DC.  But nobody also thought that the industry would bottom out so deep and so fast.  I walked into a gun shop on the North Shore this past weekend and walked out with a Colt H-Bar AR-15 for a little over seven hundred bucks.  It was used but mint and six months ago the same gun would have fetched at least a grand.

Talking about black guns, the long-rumoured lawsuit by parents of children shot by Adam Lanza at Sandy Hook was filed just before the deadline that would have made such wrongful-death claims null and void.  The suit goes after Bushmaster, the manufacturer of the XL-15 that Lanza evidently used with terrible results the day he walked into the school.  The good news for the plaintiffs is that Bushmaster is owned by a private investment group, Cerberus, which has some really deep pockets.  The bad news is that the suit has to somehow get around the 2005 law which immunized gun makers from most claims of negligence or product liability and stymied other victims of mass shootings, such as the Aurora Theater massacre, from seeking damages from the gun maker even though suits against the theater and the seller of the ammunition used by James Holmes have gone forward.

      Vivek Murthy, M.D.

Vivek Murthy, M.D.

What’s different about the Bushmaster suit, however, is that it takes issue with one of the most cherished missives in the gun industry, namely, the idea that the AR-15 is a perfectly-acceptable weapon for civilians because, as opposed to its military likeness, the M-16, it fires only one shot every time the trigger is pulled, whereas the M-16 is a machine gun that fires a massive amount of ordnance and therefore is unsuited and illegal for civilian use.  The moment the lawsuit was filed, various gun experts began pushing the semi-auto versus the full-auto story to explain why the legal argument wouldn’t work.  The only problem with the alleged difference between the M-16 and the AR-15 is that it’s simply not true.  Most of the M-16 rifles currently carried by U.S. troops in Iraq and elsewhere are semi-auto guns (a small number can also shoot 3-shot bursts) because the military long ago discovered that automatic fire was not only inaccurate and a waste of ammunition, but also would heat up the barrel to unacceptable temperatures leading to battlefield failures of the gun. Bushmaster touts the sale of its rifles to the U.S. military on its website – the gun purchased by Nancy Lanza was one and the same thing.

The other piece of bad news for the industry was the confirmation of Vivek Murthy as Surgeon General, an appointment that was contested loudly and continuously by the NRA and its most ardent Senate supporters, in particular Rand Paul and Ted Cruz. These two guys started taking pot-shots at Murthy because they saw it as a quick and easy way to begin building support among the conservative, Republican base as a possible step towards a White House bid in 2016.  The NRA has been trying to push physicians away from any discussion about guns because virtually every medical society has for years confirmed the bizarre idea that maybe, just maybe guns are a threat to health.  Now the fact that more Americans have died from gun violence in the last ten years than died during World War II doesn’t mean that guns are necessarily harmful, does it?  If you want to agree with the NRA on that one, you probably also believe that last week didn’t hurt the gun industry at all.

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