2016 Postmortem
Related: About this forumBernie Sanders Doubles Down On Support for Law That Protects Gun Sellers From Lawsuits
On Sunday, CNN's Jake Tapper pressed Vermont senator and Democratic president candidate Bernie Sanders on his support for the Protection of Lawful Commerce in Arms Act, or PLCAA. As a senator, Sanders voted for the law, which shields gun and ammunition manufacturers, distributors, and dealers from liability when their products are used criminally. (Many Democrats, including then-Sen. Hillary Clinton, opposed the bill.) Explaining his vote, Sanders said:
If somebody has a gun and it falls into the hands of a murderer and the murderer kills somebody with a gun, do you hold the gun manufacturer responsible? Not any more than you would hold a hammer company responsible if somebody beats somebody over the head with a hammer. That is not what a lawsuit should be about.
This answer is dishonest and obfuscatory for two reasons. First and most obviously, hammers are materially different from firearms. The gun Adam Lanza used in the Sandy Hook massacre sent 154 bullets through 20 children and six adults in 264 seconds. With a hammer, Lanza could not have done a fraction of that damage. Sanders analogy is simply inane.
Second, and more importantly, it makes good legal sense to hold gun and ammunition manufacturers and sellers to a higher standard of care than hardware stores. Before the PLCAA, many states did exactly that, making gun sellers liable for civil suits if they negligently sold a firearm to someone who later committed a crime. Faced with the threat of a lawsuit, gun sellers may be more likely to perform thorough background checks on all their customers to keep their guns out of the hands of potential murderers. (Even if their guns were still used criminally, gun sellers could argue that they weren't negligent because they performed the background check.) But the PLCAA wiped out gun liability in all 50 states, rendering them invalid except for a few narrow exceptions.
To see just how cruel the PLCAA is, consider its effect on one family's lawsuit against the online retailers who sold James Holmes the weapons he used to kill 12 people and injure 70 in Aurora, Colorado. The family sued Lucky Gunner for selling 4,300 rounds of ammunition to Holmes online without performing so much as a background check. These bullets were later fired off into the bodies of 82 people. The family accused Gunner of negligently entrusting Holmes with so much ammunition without looking into his mental condition. They lost. The PLCAA blocked their suit from even going to a jury.
Perhaps Sanders believes that gun and ammunition sellers should receive total immunity from these kinds of lawsuits, and should have no legal incentive to perform comprehensive background checks on their customers. But if that's his position, he should be honest about it. The PLCAA blocks states from holding gun sellers to a higher standard of care than other retailers. It bars victims of mass shootings from seeking justice against the businesses that enable massacres. If Sanders really supports that, he owes it to voters to stop using misleading, asinine anologies and actually explain why.
http://www.slate.com/blogs/the_slatest/2015/07/06/bernie_sanders_doubles_down_on_support_for_gun_sellers.html
Duckhunter935
(16,974 posts)The Colorado plaintiffs lost due to Colorado laws, the PLCAA was not part of it but you keep pushing that lie. No other manufacturer gets sued for a third party misuse of a legal product. Sue the seller not the manufacturer. Weapons manufacturers are barred by federal law in selling directly to the public. They are required to sell to a federally licensed dealer. And by the way, manufacturers can be sued just like any other business for defective products.
Remington Arms Class Action Settlement
http://remingtonfirearmsclassactionsettlement.com/
http://www.theguardian.com/us-news/2014/dec/06/gunmaker-remington-recalls-millions-rifles
wyldwolf
(43,867 posts)Duckhunter935
(16,974 posts)DATED: March 27, 2015BY THE COURT:s/Richard P. Matsch ________________________________
Richard P. Matsch, Senior District Judge
http://www.guns.com/2015/04/02/order-dismissing-lucky-gunner-lawsuit/
COLORADO LAW!
Duckhunter935
(16,974 posts)the story you posted is a lie and you keep posting it as a smear on Bernie. Whats this 3-4 OPs with the same content and link?
wyldwolf
(43,867 posts)Which part isn't true?
Duckhunter935
(16,974 posts)The suit was settled under COLORADO statute and and not the PLCAA. An outright lie you keep posting.
ieoeja
(9,748 posts)Just today, Father Pfleger in Chicago filed suit against three "retailers" in the area who have a bad record of their guns getting into the hands of criminals. Those suits will go forward because this law does not apply.
Sanders is correct regarding his hammer analogy.
But does this law apply to something akin to suing a manufacturer for failure to use child protective caps on a toxic product? We require drug manufactuters to use child safety caps. We should require gun manufacturers to do something similar so that small children who find a gun can not fire the gun without great difficulty. And if the legislature won't do that, then a suit against the manufacturers should absolutely be permitted.
I am a Sanders supporter. I hate guns. Hate them. But I don't see how what you posted is truth when Duckhunter935 posted is truth. And it is. Your response doesn't have anything to do with what he said, linked to and what happened.
This is the only issue in which a disagree with Sen. Sanders. Frankly, there are very few elected officials I agree with on gun control. But let's be honest about what has happened. Unless you have proof that the PLCAA had anything to do with the lawsuit in Colorado, don't use it as an example saying it did. If you do have proof, please link it.
Duckhunter935
(16,974 posts)I am for reasonable regulations and this act is reasonable as no other legal manufacture can or should be able to be sued for selling a product and a third party criminally misuses that product. You should not be able to sue a car maker if a third party runs over a person intentionally after legally purchasing that car from a dealer.
marym625
(17,997 posts)However, as you pointed out when it comes to abortion, I think this can be really dangerous to hold a third party responsible. However, ammunition and guns have a specific purpose. It's not the same as a vehicle. But then you open up some scary stuff.
Regardless, we should be honest about what has happened because of the laws. And we should be honest about who is responsible for different things that have happened. That much ammo should never have been sold to a single individual. Period. For christ's sake, you can't even buy more than 3 boxes of sudafed.
Actually, that's a good example. Sudafed is used in meth. The most horrible drug ever made. It's controlled more than ammunition. The manufacturer is never sued for someone becoming addicted to meth. I realize that the medication is a good thing and not made for the sole purpose of killing. But it does kill. It kills often. But if a pharmacy sells a ton to someone with a meth lab, it's the pharmacy that's sued not the pharmaceutical company.
As I said, regardless of the law and whether it's right or wrong, to use it as an example in something that had zero to do with it, is dishonest
Duckhunter935
(16,974 posts)Just remember the vast majority of ammunition is never misused and used for lawful purposes. I like buying in bulk as it is cheaper when they have sales. So who makes that decision and how much should I be able to buy. I might go through 1000 rounds on a good range day.
marym625
(17,997 posts)As I said, I hate the damn things.
Duckhunter935
(16,974 posts)Don't get any. But also please respect my rights as much as I do yours.
marym625
(17,997 posts)I respect it. But I don't think that the second amendment is being used in the manner in which it was intended.
We've actually had this same conversation before. No point in rehashing it. I don't like getting into gun conversations. This is about this particular law. And this OP is not being honest. That's the issue I agree with you about and the issue I responded to. Let's just stay there.
Duckhunter935
(16,974 posts)Have to get to work, have great day😀
marym625
(17,997 posts)uponit7771
(90,339 posts)... responsibility on manufacturers not making their device needlessly more deadly?!
Again, how the fuck is this going to play in neighborhoods that are drenched with guns?
Just a big "fuck yaw" on that issue!?
wow...
there's something wrong here no?
Doctor_J
(36,392 posts)100 issues.
uponit7771
(90,339 posts)... manufacturer knew they were making a device that was playing a part in the increase in needless death rate and then did all they can to make the device more deadly then hell yes they should be held responsible.
That's what gun manufacturers are doing or too damn close to it...
Again, how's this "fuck todays REAL progressive gun measures" going to play in some neighborhoods that are drenched with guns?
Duckhunter935
(16,974 posts)I am sure you must also agree with the ones used against abortion providers.
It is a legal product, get that changed and maybe you will have a case.
uponit7771
(90,339 posts)...product needlessly more deadly and it's hurting people and that someone is the gun manufacturers.
Can they make gun ownership more safe?
Yes...
Do they have to,
Hell no...
Abortion providers aren't irresponsibly, for the sake of profit, making abortions less safe and more deadly.
IF anything the health community in most areas are doing the opposite...
Again, how's this message about guns supposed to play in Chi, South KC, Oakcliff Dallas, Fifth Ward!?
http://www.nationaljournal.com/congressional-connection/coverage/stark-divide-between-blacks-whites-on-gun-control-and-health-care-20130926
Duckhunter935
(16,974 posts)came about, SLAPP suits. Does not matter in this case as it was Colorado law that was enforced in this case.
uponit7771
(90,339 posts)... for being irresponsible.
Get encoded clips, that way you can't use more than 10 bullets for instance...
The ways to skin this cat are endless...
Giving ANY indications to gun manfacuturers that they're off the hook for what they do isn't a good thing IMHO
Duckhunter935
(16,974 posts)?????
uponit7771
(90,339 posts)... worked on by manufacturers and put forth by someone who gave half a fuck.
Actually, it's not a bad idea... just like the encoding on your cars FOB... it's pretty cheap, easy to do and fairly reliable and damn near hack proof.
Either way,...
What about the bigger question, how in the hell are these gun right messages supposed to play in places that a drenched in gun violence?
regards
Duckhunter935
(16,974 posts)With the billions of existing magazines and hundreds of million of existing weapons. If it as good as you think, go ahead, make it and sell it. Let the market decide.
Let me add, will not be cheap or easy in my opinion. Look at so called safe guns. You need to come up with interlocks, how are they powered? How often do they fail. Would the manufacturer be held responsible if the do fail?
ieoeja
(9,748 posts)Disclaimer: the following includes what some would consider "gun porn". Gun supporters often state, correctly, that proposed gun laws are poorly written by people who know nothing about firearms. What they usually fail to do is tell you how to write those gun laws correctly. The following is an attempt at just that.
For the purpose of the NFA, "machine gun" will, in addition to weapons already defined in the act, also include any weapon with a gas assisted reload or a receiver that accomdates ammunition with a jacket that is substantially wider in diameter than the projectile.
Last I knew the rapid reload of assault weapons relied on gas assistance. And I believe the enhanced lethality of the AR-15 with a bullet barely larger than a .22 long rifle is due to the longer and wider jacket. The above amendment should also include a limit on the length.
I know many regular hunting rifles today already have substantially longer jackets than the bullet. We wouldn't want to impact those, but if we don't put a limit on that, they will get around the diameter limit by going with longer and longer jackets. So just stop them getting bigger, not impact what is already out there.
For my part, I would like to add anything with a pistol grip to the above amendment as well. That would not only include "assault weapons" which due far more damage on the rare occasion they are used in murders, but pistols which are used for most of the murders. Growing up on a farm, I've used firearms my whole life. And while a pistol had certain advantages, they weren't so great that I could give two shits about giving them up to get handguns off the streets.
But that ain't gonna happen anytime soon.
Adrahil
(13,340 posts)So, you're trying to define any semi-automatic gun as a machine gun?
Cute. Won't fly. But even so, you're definition there is odd. Many semi-automatic guns, including almost all semi-auto handguns are actually recoil operated, not gas operated.
Second, are you trying to define any gun with a bottle neck case as a machine gun? If not what does that word salad mean? Is "jacket" the term you meant to use? The jacket is a covering over the (usually) lead core of the bullet. Did you mean casing?
If you're really targetting bottle necked cases, you would make just about every bolt action rifle a "machine gun" by your definition. Odd to say the least.
ieoeja
(9,748 posts)So you made two points in a snarky fashion, and you got them both wrong.
If I wanted semi-automatic, I would have said "semi-automatic". Firearms like the AR-15 and AK-47 (and presumably it's semi-automatic equivalents) have a gas assist for the reload.
Note the word "assist". Yes, it also uses recoil. But it is assisted by redirecting gas from the explosion into the receiver for faster reload action. And if you look at my original post you will also see I used the word assist.
Adrahil
(13,340 posts)Semi-automatic, and automatic weapons are usually either recoil operated or gas operated, putting aside Gatling-type actions, or chain guns.
Gas-operated weapons use the combustion gases operate the reloading mechanism. There are a variety of ways to do this, but the main point is that thigh pressure cartridges use this method in order to keep the bolt locked in place until the chamber pressure is low enough to unlock safely. The actions of such weapons use the combustion gases to operate the mechanism almost exclusively.
Recoil operated (sometimes called "blowback" operated) weapons don't usually have a locking bolt. they typically use lower-pressure cartridges which don't need as much dwell time before the action can safely open the chamber. These types of actions usually use inertia as the means to delay the opening of the weapon, using either a heavy slide, as in the case of a handgun, or a heavy reciprocating bolt, as in the case of a submachine gun. There have been modifications of this principal for use with high pressure cartridges, such as the well-know H&K G3 rifle, which used a "delayed blowback" design to safely use with a high pressure cartridge (the G3 used the 7.62x51 NATO cartridge).
The only thing you would accomplish by making any gas-operated semi-auto an NFA "machine gun" is that lots more riffles would be designed as delayed blowback designs ala the G3.
Both designs reload the weapon quicker than most people can pull the trigger.
You didn't address my comment about bottle-necked cartridges. Was your intent to make any weapon that fires a bottle-necked cartridge a "machine gun?" Even bolt action rifles? Your use of "jacket" didn't really make sense. How can the jacket be of significantly greater diameter than the projectile, when the jacket is the out layer of the projectile?
Mnpaul
(3,655 posts)The definition now covers only full auto guns. The law was defective, so they had to change it.
beevul
(12,194 posts)Manufacturers should never be ON the hook for third party misuse of a legally manufactured legally sold product, in the first place.
Assertions to the contrary defy common sense and logic.
uponit7771
(90,339 posts)... IMHO
bobbobbins01
(1,681 posts)And I'm not sure which side I fall on yet, but I'll throw out my initial thoughts:
Just looking at the bill itself, and granted I don't have much experience with them, it seems very sparse...I didn't think I had the full bill initially(and maybe I still don't), but if my reading of it, that it bans all lawsuits against manufacturers, distributors and dealers/sellers of guns against lawsuits, then yes...it goes to far.
But the bill does say "lawful commerce" which is where I get muddled. Does lawful mean that the sales all had their paperwork in order, all background checks went through and cleared successfully, waiting periods abided by, etc? If so, then I think its ok. If negligence on the part of the companies can be proven then I think a lawsuit is definitely acceptable.
I think the hammer analogy is a little simplistic, but at the same time, the defense of "154 bullets through 20 children and six adults in 264 seconds" is an appeal to emotion. How much damage is enough to hold companies accountable? And how much is too little? Shouldn't there be laws to deal with that, and if a company is within those laws, should lawsuits still apply?
Just a lot of questions I think need to be considered in an issue like gun control, I don't think its all black and white. I'm generally on the other side of the issue from Bernie Sanders, but it isn't a deal breaker for me by any means, I can see the other side of this argument and still go back and forth on a lot of the finer points.
uponit7771
(90,339 posts)... and standing up against making the manufacturers partly responsible for irresponsibly making something needlessly more deadly isn't sitting too well
bobbobbins01
(1,681 posts)And all issues have some degree of nuance. I have absolutely no love or sympathy for gun manufacturers, but they do get protections under existing law. The questions I wrestle with are how much protection that should get them, and if laws should be changed. The "deaf-ears in places that are drenched in gun violence" are the reasons such laws exist, when emotions run high, bad decisions are made. I look at it similar to the judicial system...a tragedy has occurred, but due process still exists and the verdict is given out by (supposedly) level headed justice and not the victim or their survivors.
Duckhunter935
(16,974 posts)can and are sued for defective products just like all other. See Remington 700. Fire arms manufacturers are barred by federal law from selling directly to the public. How can they to blame for selling a legal product to a federally licensed dealer when a third party after that fact criminally misuses a legal product? Sue the retailer but not the manufacturer.
pipoman
(16,038 posts)Every single new gun sold to the public requires a National Instant Check System (NICS) background check or the equivalent. Only a Federal Firearms Licensee (FFL) can sell new guns and then only to a resident of their own state. This means that every gun sold, if sold legally, the buyer has been given the government's stamp of approval. What more could a retailer or manufacturer do?
aikoaiko
(34,170 posts)Only extremists, anti-second amendment typeS want to sue the gun manufacturers and dealers for following the law with SLAPP suits.
marym625
(17,997 posts)Be immune to a lawsuit?
aikoaiko
(34,170 posts)I don't blame you for thinking otherwise given the distorted information presented in the article and by gun haters on DU.
marym625
(17,997 posts)I disagree with you about dealers. Regardless of laws they can act responsibly. If a young dude comes in wanting to purchase a shit ton of ammo, especially someone they're not familiar with, the prudent, responsible thing to do is not sell them.
If it takes lawsuits to change law, that's what it takes. . And often times it does.
That's got nothing to do with bad information or being anti 2nd Amendment. It's common sense.
I am not justifying this OP. It's got bad information and I don't like that no matter who it's about. It's dishonest.
TeddyR
(2,493 posts)And how much do you consider too much? When I went to the range a few weeks ago I purchased 600 rounds of 9MM ammunition and 100 rounds of AR-15 ammunition. Is that too much? And why does the dealer have to be familiar with me to sell me any amount of ammo? I don't see how your position is workable at all.
marym625
(17,997 posts)I don't think so.
The rest, take it however you want. It's pretty self explanatory and easy to follow. Common sense should be easy to follow.
aikoaiko
(34,170 posts)That's how they are sold by the case. I bought 22lr ammo in standard cases of 5000.
And I'm glad I did because ammo sometimes gets scarce and its a good idea to have a couple of thousand rounds of a caliber on hand for those dry periods. I regular buy from stores who don't know me. I would be outraged if a someone said they wouldn't see me bulk ammo because they didn't know me. Fortunately that wouldn't ever really happen.
And its not even clear if many of the adult mass shooters would have even been dinged on NICS background checks. So I don't see how formal background checks would solve anything.
You say you it takes lawsuits to change the law, but that's only true if you sue the government and these lawsuits are focused on private entities. No law would change.
So, yeah, I'm glad Bernie signed the Protection of Lawful Commerce in Arms Act.
Duckhunter935
(16,974 posts)Is they do follow the law. What law was not followed?
marym625
(17,997 posts)Erich Bloodaxe BSN
(14,733 posts)But he has a hell of a lot less blood on his hands than Hillary 'Iraq War Cheerleader' Clinton. If the blood is so upsetting to you, I'm sure you're switching your support to Martin O'Malley. Otherwise you're just being a blatant hypocrite.
marym625
(17,997 posts)ibegurpard
(16,685 posts)Terrible law that sets all sort of awful precedent.
pipoman
(16,038 posts)There is a federal law requiring background checks on every single gun sold by anyone in the business of selling firearms...iow, every single new gun sold to the public is sold with a NICS (or equivalent) background check....every one. If someone passes a federal background check and buys a gun why should the dealer who completed the background check be subject to any legal action? Answer: they can't....which didn't stop people like the Bradys and Bloomberg from filing frivolity...
Bottom line, if a consumer item works as it is supposed to, be it alcohol, cars, hammers, cigarettes, soda, swimming pools, pharmaceuticals, or guns, the courts will dismiss 3rd parties negligence cases against the manufacturer...everyone knows this and nobody files against these others. One of the offending parties (I think it was one of the Brady group), prior to passage of PLCAA stated as much, that they knew their repeated suits couldn't prevail, only that they were trying to cost others enough defending themselves to put them out of business. This is not what our courts are for and this corruption of the courts was dealt with by PLCAA.
dsc
(52,162 posts)You can go to any gun show and find people selling guns and not running backround checks. It happens all the time.
pipoman
(16,038 posts)At any gun show in any state in the US selling guns without NICS or equivalent.
No new guns can be sold without an NICS check or equivalent anywhere in the US. The only exceptions are law enforcement.
The only people who can legally sell a gun without an NICS check is a private citizen selling their own gun to a resident of their own state...in some states..
flamin lib
(14,559 posts)Only problem with that is the OP is about the PLCAA and Sander's defense of it. The other falsity in the "defense" of the PLCAA is that it ignores the immunity it gives to sellers as well as manufacturers. Staying with the car sales analogy, if a salesman sells a car to someone impaired by drugs or alcohol he can be sued. Under the PLCAA the plaintiff must prove that the car salesman knew the impaired driver would injure someone.
There are a lot of other problems with the PLCAA, but these two are the oft repeated false defenses.
pipoman
(16,038 posts)The National Instant Check System is responsible for screening firearms buyers. It gives immunity to sellers who are required by federal law to use NCIS. Someone sells a new gun to a person without a NICS check, or someone who's transfer was denied and PLCAA won't save them.
What is it you want?
If a federal firearms licensee follows every one of the applicable federal firearms laws in the sale of a firearm, you still want the ffl to be held criminally and civilly responsible? What happens if the buyer kills someone 13 years after buying the gun? Still responsible?
No, PLCAA was simply necessary to keep big gun control from subverting the law.
Bernie did the right thing...the liberal thing...
flamin lib
(14,559 posts)the NICS? If he had reason to believe it was a straw purchase, yes. If he had reason to believe the NICS was a false negative, yes. If the buyer points to a gun and says, "The voices in my head say buy that one," yes.
GGJohn
(9,951 posts)so what's your problem with CO's law? Or, for that matter, the PLCAA?
beevul
(12,194 posts)Not that you'll hear your interlocutor express it...
Cha
(297,240 posts)MicaelS
(8,747 posts)Personal Injury Attorneys were attempting to create a de facto ban on guns, by suing companies out of business. Anti-gun advocates could not achieve what they wanted though the proper Legislative process, so they tried an end run through the Judicial. Don't pretend it was any else than that.
beevul
(12,194 posts)I think this old saw applies to the usual suspects:
Do you love it?
Do you hate it?
There it is, the way you made it.