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Old March 27th, 2014, 18:03   #14
Ministry of Peace
Kokanee's Avatar
Join Date: Mar 2002
Location: Spruce Grove, AB
So your plan is simply to go with the honour system?

I don't have any personal issue with yourself (we've never met), but what you are doing is arguably criminally responsible.

Case study time;

In two weeks time a 14yo boy (Carl) uses your site to purchase an ICS M4 from another user. Even though they've both signed off on the TOS, promising to "abide by all local laws" etc, the gun is sold as the other fellow wants the money more than he cares about if a teenager has a plastic toy gun.

Carl takes the gun home and starts "playing airsoft" in his neighbourhood. Neighbour calls 911 to report someone brandishing a firearm, cops show up and a young constable (Bob) on his first assignment unfortunately put two rounds in young Carl's chest because Carl points the rifle at him as he turns when confronted with "police!".

The news vans are there before the paramedics arrive and pictures of Carl's bloodied body are soon circulating attached to headlines that read "DEATH BY COP" and "BOY SHOT BY ACCIDENT".

Carl is dead, a family has lost a son, the sport gets a SHITLOAD of bad publicity, and six months later Bob puts on his police dress uniform and shoots himself in the head at home, killing himself because he can't get over the guilt of having shot Carl over a toy gun. Petitioning from Carl and Bob's families pressures the local prosecutor to open and investigation into how young Carl was able to get a product which is supposed to be restricted to those over the age of 18, and on a sunny September morning two RCMP constables are knocking on your door with a warrant to seizes your computer and take you in for questioning.

You're arrested and charged with one count of criminal negligence causing death in contravention of section 219(1) of the Criminal Code of Canada in that you displayed "a wanton and callous disregard" for the safety of others. As well you're charged with facilitating weapons trafficking under section 99 of the criminal code, and unauthorized transfer under section 101.

A good lawyer might be able to plead down the criminal negligence charge to simple negligence causing death, but still you're staring at a long prison term in federal pound-you-in-the-ass prison.


You need to seriously sit down and ask yourself why you are doing this, and if you insist on this childish endeavor, then at least protect yourself and your associates from prosecution by taking "all reasonable and practicable steps" to ensure you only let 18+ users on.

As well, I've noted that you are making claims of limited liability on your site in regards to damages users may seek from you; have you set up a limited liability corporation? Otherwise you're just spouting bullshit.

Last edited by Kokanee; March 27th, 2014 at 18:06.. Reason: grammar
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