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View Full Version : Can a radio station be held liable for advertising gun sales?


pepsi2451
11-12-2009, 2:03 PM
My local radio station does a local buy/sell/trade program and for some reason they ask people not to mention real estate or guns. Its fairly pro gun area and the sponsor Coast True Value Hardware even has an FFL. So I sent an email to the radio station asking why they don't allow gun sales and I just got an email back.

Hello Troy,
Thanks for you question.

Trader Horn was designed to be a LIVE buy/sell/trade program
free of charge, for listeners to post their items via phone.

There is no charge for the program, and we have no 'control' (like a classified listing)
over LIVE broadcasts from second party callers...again, the calls are live, not recorded or edited.

Due to past experiences, we have had to post a few rules for the free program, including the limiting of items (some people will take the entire program time!) per call, the posting of real estate (we have actually had people try to SELL property that did not belong to them, and the buyers held the radio station responsible, causing problems) and guns (many years ago, callers were selling guns, not legally in their possession-causing challenges for the studios, as well).

Although we would love to believe that all people are responsible for following the law (and having good, old fashioned, common sense)
we have been proven wrong...time and time again.
Therefore, because we have no control over the items posted ...as a 'classified' listing would (the callers are Live and can blurt out any info) we have set the above rules in practice.

We do not, and never have had, an anti-gun stance with any of our stations.

(I personally come from a long line of gun owners who practice the utmost in safety)

I'm sorry this is an inconvenience to you, if you were looking to use Trader Horn for the purpose of selling your gun, but I did want to get back to you with our reasoning and would be happy to speak to you should you want more information.



I don't see how a gun would be different then any other item sold on the show. Maybe I'm missing something? Is the station more likely to be held responsible for an illegal gun sale then say someone selling stolen property or something? Any idea what I could say to change their minds?

hoffmang
11-12-2009, 2:13 PM
The short answer is that they can not be held liable for firearms sales - especially since 99% of firearms sales in California are required to go through an FFL.

-Gene

PutTogether
11-12-2009, 11:14 PM
Not actually being able to be held liable is different from not wanting to deal with the BS hassle of someone bringing an action against them.

M198
11-12-2009, 11:20 PM
In order for there to be liability, wouldn't damage be necessary. I'm not sure how it any different from introducing Ted to Bob. If Ted kills Bob 2 days later, it's not your fault.

Kid Stanislaus
11-13-2009, 10:11 AM
Its your typical business "run scared" model.

skip
11-13-2009, 10:18 AM
lawyers that take these kind of cases will sue everyone in sight, especially if they have money or insurance

Glock22Fan
11-13-2009, 11:26 AM
In order for there to be liability, wouldn't damage be necessary. I'm not sure how it any different from introducing Ted to Bob. If Ted kills Bob 2 days later, it's not your fault.

Haven't you heard about all the various court cases where people have sued gundealers and manufacturers regarding guns they have legitimately sold that were later used in crime? There were so many they had to pass a Federal law against it, but you will still find people like Bloomfield and activist judges trying to upset it. I can understand why some people would rather not risk getting in the way of them, chicken as it might be.

Meplat
11-13-2009, 12:07 PM
The station is suffering from major FUD. KMJ-580 has been airing "Radio Tradio" every weekend for over 40 years without a problem. It is unusual to have a program that does not have at least one gun for sale. I would expect this in the bay area but not in your neck of the woods?:rolleyes:

Decoligny
11-13-2009, 1:57 PM
In order for there to be liability, wouldn't damage be necessary. I'm not sure how it any different from introducing Ted to Bob. If Ted kills Bob 2 days later, it's not your fault.

The problem they had was Bob sells Bill a shotgun that Bob stole from Ted. Ted reported the gun stolen, and when Bill gets pulled over for running a red light, he also gets charged with possession of a stolen firearm. Bill is all ticked off because he doesn't have his money, he doesn't have his gun, and he has lawyer's fees to pay to defend himself against a charge that he feels is the fault of the radio station because if they hadn't allowed Bob to advertise Ted's stolen shotgun, he wouldn't be going to court.

I do not agree with the logic, but the radio station doesn't want to deal with the possibility of someone filing a frivelous lawsuit over a gun purchase.

pepsi2451
11-13-2009, 2:39 PM
The short answer is that they can not be held liable for firearms sales - especially since 99% of firearms sales in California are required to go through an FFL.

-Gene

Thats what I thought, I just wanted to make sure I wasn't missing something.

The station is suffering from major FUD. KMJ-580 has been airing "Radio Tradio" every weekend for over 40 years without a problem. It is unusual to have a program that does not have at least one gun for sale. I would expect this in the bay area but not in your neck of the woods?:rolleyes:

Thanks, I will mention that program in my reply email. Your right, I don't think they are anti-gun its just FUD.

The problem they had was Bob sells Bill a shotgun that Bob stole from Ted. Ted reported the gun stolen, and when Bill gets pulled over for running a red light, he also gets charged with possession of a stolen firearm. Bill is all ticked off because he doesn't have his money, he doesn't have his gun, and he has lawyer's fees to pay to defend himself against a charge that he feels is the fault of the radio station because if they hadn't allowed Bob to advertise Ted's stolen shotgun, he wouldn't be going to court.

I do not agree with the logic, but the radio station doesn't want to deal with the possibility of someone filing a frivelous lawsuit over a gun purchase.

Why single out guns though? Someone could sell any kind of stolen property, what makes guns different?

BTW I was listening to the show a few days ago when a guy called looking for a "three foot bong" and the host had no problem taking his call.