Anyone who has followed the gun control debate is familiar with the oft-used argument by opponents, most notably the National Rifle Association, that "Guns don't kill people, people kill people." While that's true, no one can argue that guns make the killing a whole lot easier.
But the corollary, "Guns don't kill people, bullets kill people," was tested in a case (PDF, US Court of Appeals, via FindLaw) that questioned whether Wal-Mart was liable for Candace Johnson's suicide. She bought the bullet that ended her life from Wal-Mart, which failed to ask for her Firearm Owners Identification Card (FOID).
No one was arguing that Wal-Mart killed Johnson, per se, only that its alleged improper sale of the bullets was the proximate cause (The Free Dictionary) of her death.
The US District Court for the Central District of Illinois originally had dismissed the case, which recently was upheld on appeal. In other words, federal courts held that Wal-Mart is not liable for her death.
US Circuit Judge Joel Flaum wrote the decision and explains that at least in Illinois, suicide breaks "the causal chain between a negligent act and the resultant harm." Translated, that means Wal-Mart could not have known that Johnson would use the bullets for suicide.
Johnson's husband, Mark Johnson, had filed a claim against Wal-Mart for negligence, wrongful death and emotional distress. He argued that a FOID check, which Wal-Mart did not do, would have revealed that she was mentally ill and thus ineligible to buy the bullets.
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Liability Issues Shape Colleges' Response to Suicide Attempts (Psychiatric News)
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FOID, frequently asked questions (Illinois State Police)
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Chicago Injury Attorneys (FindLaw)
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