Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

retrowire

(10,345 posts)
Sun Jan 10, 2016, 08:09 PM Jan 2016

Bernie Sanders Supported Gun Company Immunity But Opposed it for FOOD INDUSTRIES.

I can see that this is the spin of the day for Anti-Bernie people, so I'll clarify this in a way that clears it all up.

-------

Unhealthy food and ethics will always be bad.

And will always harm people.

Guns are sometimes used for their intended purposes, and sometimes they're not.

The food industry chooses what they serve. Therefore, they're directly responsible for serving bad product.

The gun industry is not responsible for what their consumers do with the product.

This clearly isn't an apples to apples comparison, and it makes perfect sense to hold the food industry accountable for what it serves us.

I'm happy to have cleared that up for you, and I'm certain no one will be confused any longer.

This is a response to this thread: http://www.democraticunderground.com/1251991886
131 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Bernie Sanders Supported Gun Company Immunity But Opposed it for FOOD INDUSTRIES. (Original Post) retrowire Jan 2016 OP
I think everyone needs to eat as well Kalidurga Jan 2016 #1
Seems to me that if gun companies market weapons that prove manhood, good as a sniper rifles, are Hoyt Jan 2016 #2
Ridiculous, under what statute? dreamnightwind Jan 2016 #4
They obviously can't be sued because Gman Jan 2016 #8
Exactly. Hoyt Jan 2016 #11
If someone uses their car to kill another, the car company isn't responsible. If a food merchant rhett o rick Jan 2016 #12
Puhleeeezzzz... That's the old irrelevant right wing argument Gman Jan 2016 #14
If there is something wrong with the car that is due to the manufacturer's JDPriestly Jan 2016 #27
In this case there is something wrong with the manfucaturs intentions and thx to Sanders et al they uponit7771 Jan 2016 #59
yes they can Duckhunter935 Jan 2016 #65
Not sued under all complaints other companies can be sued under, the spin on this is telling uponit7771 Jan 2016 #68
most other companies Duckhunter935 Jan 2016 #72
Most other companies aren't openly trying to make a dangerous product more dangerous either... uponit7771 Jan 2016 #88
Riddle Me This - How Can A Firearm Be Made More Dangerous Than It Already Is cantbeserious Jan 2016 #100
By not applying all technologies to make it safer, Obama has proposed some already uponit7771 Jan 2016 #103
Riddle Me This - What Technologies Will Make Riffles Safer That Shoot The Same Ammunition cantbeserious Jan 2016 #108
they have indeed become safer Duckhunter935 Jan 2016 #111
What do you mean by "can't be sued"? JDPriestly Jan 2016 #102
Can't be sued like all other manufactuers uponit7771 Jan 2016 #104
What are you talking about? JDPriestly Jan 2016 #106
gun companies are also the one Duckhunter935 Jan 2016 #113
What if the marketed cars as a battering ram or put a big knife blade fin on the front? Hoyt Jan 2016 #77
+1 uponit7771 Jan 2016 #89
Thank you, Paka Jan 2016 #105
If a bar sells alcohol to somebody who is drunk and lets them leave mythology Jan 2016 #109
check the Wisconsin case Duckhunter935 Jan 2016 #114
The poster is saying those ads are legitimate reasons for litigation dreamnightwind Jan 2016 #15
That poster makes the wrong argument Gman Jan 2016 #16
So you think they should be sued for making lethal self-defense products dreamnightwind Jan 2016 #18
Stop twisting it Gman Jan 2016 #20
No that is not twisting it dreamnightwind Jan 2016 #30
Regardless, our discussion here is why Gman Jan 2016 #32
So says you. Disagree re Sanders. dreamnightwind Jan 2016 #38
Are you not aware that guns are also used for recreation? nt retrowire Jan 2016 #36
That's mostly what I use my guns for Gman Jan 2016 #42
Alright then. retrowire Jan 2016 #53
The point is not the overall debate Gman Jan 2016 #62
Looks like you've degenerated as your talking points have failed. retrowire Jan 2016 #69
Nothing I said failed Gman Jan 2016 #73
What's to excuse? He's fine. retrowire Jan 2016 #74
The parents of Sandy Hook children had no recourse Gman Jan 2016 #80
is mention if sandy hook supposed to give gravity to your argument? retrowire Jan 2016 #92
Regardless, they have no recourse Gman Jan 2016 #93
Nothing aided them after the tragedy? retrowire Jan 2016 #96
They have no recourse in holding the gun manufacturer accountable Gman Jan 2016 #98
Tat is pure deflection! sadoldgirl Jan 2016 #84
So that means it's ok for Sanders to brag about his gun record Gman Jan 2016 #85
No, what is wrong is to propose a law, sadoldgirl Jan 2016 #90
Do you realize you're arguing that a judge can decide if a law is valid Gman Jan 2016 #91
Not if it goes to the SC, which we know sadoldgirl Jan 2016 #95
I that case someone has to specifically ask a court Gman Jan 2016 #97
No. If it weren't for the Second Amendment, you could make the manufacture JDPriestly Jan 2016 #39
All that's fine and dandy Gman Jan 2016 #47
lol your tactic is showing. retrowire Jan 2016 #63
And the gun industry agrees with you Gman Jan 2016 #66
Ha, where's my foam hat? retrowire Jan 2016 #71
I have been a gun owner for decades and have never killed a living thing hack89 Jan 2016 #41
So that makes Sanders OK on the gun issue? Gman Jan 2016 #48
yes Duckhunter935 Jan 2016 #61
The Democratic nominee, whoever it might be, will be good for gun owners hack89 Jan 2016 #64
The seemingly mad scramble to use standard NRA arguments Gman Jan 2016 #70
Only if you assume that voters really care and that it will be an issue in the election hack89 Jan 2016 #120
Are you sure a gun you bought will never be used to kill or intimidate someone, even if next owner.? Hoyt Jan 2016 #78
Unlike you, I am not clairvoyant. hack89 Jan 2016 #121
Take that argument to the judge and see where it goes. JDPriestly Jan 2016 #112
That doesn't at all mean it's morally right Gman Jan 2016 #115
Are the liquor manufacturers liable when people drink their brews, drive JDPriestly Jan 2016 #116
the question is Duckhunter935 Jan 2016 #117
I agree. That's why gun manufacturers are not liable either. JDPriestly Jan 2016 #118
And Bernie was right Duckhunter935 Jan 2016 #119
You need to back up such an assertion! Voice for Peace Jan 2016 #33
Bernie has bragged about his D- rating from the NRA Art_from_Ark Jan 2016 #83
+1, well.. well... hollow point bullets are needed for the small rabbits with big claws and the deer uponit7771 Jan 2016 #55
A hollow point usually stays inside the criminal instead of going thru him, 7962 Jan 2016 #99
Bernie Sanders' D- rating from the NRA does not sound like much Douglas Carpenter Jan 2016 #110
Ah bull. Kentonio Jan 2016 #123
Sanders has never taken a dime from the NRA. How's that equate to "back pocket"? Scuba Jan 2016 #125
Bernie is in the NRA's "back pocket"? beam me up scottie Jan 2016 #130
Product Liability. Of course, Sanders and others voted that doesn't apply to gun Hoyt Jan 2016 #10
Your own excerpt pretty much shows how ridiculous this is dreamnightwind Jan 2016 #17
Then, why did Sanders feel the law was necessary. Let the courts decide. Hoyt Jan 2016 #31
Let's apply strict liability to tobacco products and alcohol first. JDPriestly Jan 2016 #45
+1 uponit7771 Jan 2016 #51
Hillary was for guns before she was against them, but never against the Monsanto types. merrily Jan 2016 #3
exactly. retrowire Jan 2016 #19
Hell she even profited from sales of them while being a shareholder and sitting on the Snotcicles Jan 2016 #52
Strawman, no one is against guns just against not using good common sense in keeping people uponit7771 Jan 2016 #60
Are you kidding? It could not be more apples to apples Gman Jan 2016 #5
lmao retrowire Jan 2016 #23
Yeah, and since it's common for 2 year olds to read, Gman Jan 2016 #24
those labels are the industries protection. Sorry. retrowire Jan 2016 #26
Labels are an attempt at reducing the risk, not absolute protection. Hoyt Jan 2016 #34
No seriously, they're a liability protection. retrowire Jan 2016 #40
Plenty of cases where label means nothing in court. Hoyt Jan 2016 #81
Auto manufacturers are not responsible if someone uses a car to kill another. Manufacturers that rhett o rick Jan 2016 #29
Thanks For Explaining "Headlines" That Seem Negative, But ChiciB1 Jan 2016 #6
You present valid rebutable to the question if gun manufacters should be liable for the still_one Jan 2016 #7
There was a lot more in the Brady Bill than background checks. JonLeibowitz Jan 2016 #25
I was just bringing up in this political environment, reasons why this is a debatable subject. still_one Jan 2016 #37
Yep, and you are very right. However, I want to inject some nuance into the discussion of the Brady JonLeibowitz Jan 2016 #44
understood. still_one Jan 2016 #54
1, 2, 4, 8, 9? /nt demwing Jan 2016 #127
2, 4, 5, 8, and maybe 7. /Nt JonLeibowitz Jan 2016 #129
I really do not understand that gun immunity sadoldgirl Jan 2016 #9
Then there are tobacco products. They have no purpose whatsoever, JDPriestly Jan 2016 #101
When someone is stabbed to death with a banana Half-Century Man Jan 2016 #13
Even if they market it as so hard you can kill someone with it? Hoyt Jan 2016 #82
Well they market the terribly unhealthy cereals, sadoldgirl Jan 2016 #87
This is the only industry which has immnity, car companies do not Thinkingabout Jan 2016 #21
No car company is responsible for the sadoldgirl Jan 2016 #35
Again the only industry which has immunity is the gun industry. Thinkingabout Jan 2016 #49
Then explain to me, please, what that immunity consists of. sadoldgirl Jan 2016 #79
Because people will try and it is a huge waste of resources when we don't want that outcome. JonLeibowitz Jan 2016 #86
Thank you. Good clarification. JDPriestly Jan 2016 #22
Then, why did Sanders think the law was necessary? Probably because gunz are big in Vermont. Hoyt Jan 2016 #43
Hilary's dishonest prsuit of this nonsense fools Voice for Peace Jan 2016 #28
I pretty much agree dreamnightwind Jan 2016 #50
She is not in the minority of thinking, a large majority of Americans is Thinkingabout Jan 2016 #76
And the same can be said for Sanders, he is not fooling others. Thinkingabout Jan 2016 #57
Uhhhh... ???? nt retrowire Jan 2016 #75
About what? Voice for Peace Jan 2016 #122
Looks like another Hillary supporter found an old talking point paper under a rug... cherokeeprogressive Jan 2016 #46
Well maybe it'll stick! lol nt retrowire Jan 2016 #56
I've been to BernieSanders.com and studied his positions on gun control, NorthCarolina Jan 2016 #58
I agree with most Duckhunter935 Jan 2016 #67
that's a banana and flat tire comparison stupidicus Jan 2016 #94
It is painfully obvious how the Clintons are trying to manipulate people Android3.14 Jan 2016 #107
Yes, exactly but some people are willfully ignorant aikoaiko Jan 2016 #124
So I guess that means... vi5 Jan 2016 #126
they most certainly are when they purposely send thousands of guns dsc Jan 2016 #128
Guns are made for killing. Food is not. Bernie is right. nt thereismore Jan 2016 #131

Kalidurga

(14,177 posts)
1. I think everyone needs to eat as well
Sun Jan 10, 2016, 08:19 PM
Jan 2016

people do not have to buy a gun. So, we are literally forced to make choices in purchasing, growing, or otherwise obtaining food. I think the more information we have in order to make informed choices is better. But, it's still going to be an issue complicated by food deserts, income, education levels, and personal preferences.

 

Hoyt

(54,770 posts)
2. Seems to me that if gun companies market weapons that prove manhood, good as a sniper rifles, are
Sun Jan 10, 2016, 08:19 PM
Jan 2016

tactical weapons, etc. They are contributing to misuse of gunz and violence. That's reason enough to be sued in my opinion.









dreamnightwind

(4,775 posts)
4. Ridiculous, under what statute?
Sun Jan 10, 2016, 08:28 PM
Jan 2016

This is obviously not something they could be rightly sued for, hopefully you aren't serious.

I find those ads revolting and am no friend to guns, but your suggestion is way off base.

Gman

(24,780 posts)
8. They obviously can't be sued because
Sun Jan 10, 2016, 08:33 PM
Jan 2016

Legislators like Sanders make sure they can't get sued because they're in the back pockets of the NRA.

And BTW, what is the point of hollow point bullets?

You can't win this debate. You and Sanders are on very weak ground.

 

rhett o rick

(55,981 posts)
12. If someone uses their car to kill another, the car company isn't responsible. If a food merchant
Sun Jan 10, 2016, 08:38 PM
Jan 2016

poisons someone, they are responsible, however, if they sell good food to someone that in turn lets it get bad and it kills someone then the food merchant isn't responsible. Is a very simple concept. The person that commits the crime is responsible, not the person that makes the product that is used for a crime.

Gman

(24,780 posts)
14. Puhleeeezzzz... That's the old irrelevant right wing argument
Sun Jan 10, 2016, 08:43 PM
Jan 2016

That is absolutely ludicrous. Cars aren't made to kill people and aren't marketed as such. Furthermore car makers have been sued and lost over lack of safety features which is one of the reasons why they are so much safer today. There are no safety features in a gun besides the safety. And cars can't fire hollow points.

JDPriestly

(57,936 posts)
27. If there is something wrong with the car that is due to the manufacturer's
Sun Jan 10, 2016, 08:59 PM
Jan 2016

intention or negligence, and that "something wrong" causes an injury or death, then the car manufacturer may be found liable.

Only if the manufacturer is at fault, can it be found liable. The manufacturer has to have caused the injury or death in some way. That's just normal tort theory. That's the way our system works.

uponit7771

(93,532 posts)
59. In this case there is something wrong with the manfucaturs intentions and thx to Sanders et al they
Sun Jan 10, 2016, 09:15 PM
Jan 2016

... can't be sued

uponit7771

(93,532 posts)
68. Not sued under all complaints other companies can be sued under, the spin on this is telling
Sun Jan 10, 2016, 09:19 PM
Jan 2016

...

 

Duckhunter935

(16,974 posts)
72. most other companies
Sun Jan 10, 2016, 09:21 PM
Jan 2016

Do not have SLAAP suits to deal with. Abortion providers needed the same remedy.

uponit7771

(93,532 posts)
88. Most other companies aren't openly trying to make a dangerous product more dangerous either...
Sun Jan 10, 2016, 09:55 PM
Jan 2016

... all his has been hashed before.

This vote was not Sanders finest ... really bad judgement here

cantbeserious

(13,039 posts)
100. Riddle Me This - How Can A Firearm Be Made More Dangerous Than It Already Is
Sun Jan 10, 2016, 10:44 PM
Jan 2016

Just because a firearm is black and has attachments does not necessarily make it more dangerous than it already is.

Both of the weapons below fire the same ammunition - .223 rem.

Both are semi-automatic.

How is one inherently more dangerous than the other?





uponit7771

(93,532 posts)
103. By not applying all technologies to make it safer, Obama has proposed some already
Sun Jan 10, 2016, 10:56 PM
Jan 2016

... this is not an arguable position.

There was no reason to give them immunity against certain suites

cantbeserious

(13,039 posts)
108. Riddle Me This - What Technologies Will Make Riffles Safer That Shoot The Same Ammunition
Sun Jan 10, 2016, 11:04 PM
Jan 2016

Please do not respond with Smart Gun tech tied to the firearm and owner.

That technology is still largely in development and is not easily retrofittable to existing firearms.

So - what will make the existing 300 plus million firearms safer?

 

Duckhunter935

(16,974 posts)
111. they have indeed become safer
Sun Jan 10, 2016, 11:23 PM
Jan 2016

Mechanical safeties , magazine safeties, loaded chamber indicators, drop testing standards. I have no problem with safe gun technology as an option but not a mandate as it it does not work at all times and is not mature. Fingerprint readers do not work if you are wearing gloves. The gun requires batteries. A gun needs to operate 100% of the time the trigger is pulled. Less is better. When the police use them, maybe then people might look at them. The military never will as you need to be able to use a fallen soldiers weapon.

JDPriestly

(57,936 posts)
102. What do you mean by "can't be sued"?
Sun Jan 10, 2016, 10:52 PM
Jan 2016

Do you mean they can't be sued in strict liability or do you mean that they can't be sued for negligence or criminal conduct.

The actions that give rise to a lawsuit have to be defined in terms of what are called "elements." Those are the specific acts and intentions that, when proved, usually when proved each and every one, constitute a cause of action. The plaintiff states all those elements in pleading a cause of action. Then in a trial the plaintiff usually has to prove those elements.

What would be the elements of a cause of action against a gun manufacturer in the absence of a flaw in the gun or some misconduct or wrongdoing or negligence on the part of the manufacturer?

It's complicated because the right to bear arms is so fundamental that it is specifically spelled out in the Constitution. It would be hard to make manufacturing guns illegal considering that the right to bear them is guaranteed in the Constitution.

JDPriestly

(57,936 posts)
106. What are you talking about?
Sun Jan 10, 2016, 11:02 PM
Jan 2016

All manufacturers including gun manufacturers can be sued if something they did wrong causes harm to someone.

Maybe the nuclear industry is immune from lawsuits. There may be a couple of others, but gun manufacturers?

They can't be sued unless they or their products are negligent or violate the law or are in some way responsible for causing damages. They can't be sued for what other people do with their products provided the products are without flaws and the manufacturers deal with the public according to the law.

Of course, anyone can file a lawsuit for pretty much anything, but lawsuits filed against the manufacturers of products for no good reason are likely to be thrown out of court.

 

Duckhunter935

(16,974 posts)
113. gun companies are also the one
Sun Jan 10, 2016, 11:27 PM
Jan 2016

Manufacturer that by federal law can not sell directly to the public. They must sell to a federally licensed distributer. The case is, the have no choice in who purchases a weapon as they are not a part of the transaction. So how are they responsible if that third party uses that legal item in a crime?

 

Hoyt

(54,770 posts)
77. What if the marketed cars as a battering ram or put a big knife blade fin on the front?
Sun Jan 10, 2016, 09:31 PM
Jan 2016

They essentially do that with gunz. And NRA picks up where manufacturers leave off.

 

mythology

(9,527 posts)
109. If a bar sells alcohol to somebody who is drunk and lets them leave
Sun Jan 10, 2016, 11:05 PM
Jan 2016

the bar can be sued in the event of a drunk driving accident. But a gun shop that repeatedly sells to straw purchaser. There is currently a lawsuit where the straw purchase was openly made in front of the gun shop owner. And what are the gun shop owners relying on as their defense? The same law that Sanders voted for.

Laws were passed mandating seat belts in cars and other safety mechanisms. But we can't sue gun manufacturers for not providing biometric safe guards. I can go buy a phone that I can unlock with my finger print, but guns don't come equipped with that function. It would drastically cut down on accidental deaths where kids get a hold of their parent's gun.



 

Duckhunter935

(16,974 posts)
114. check the Wisconsin case
Sun Jan 10, 2016, 11:29 PM
Jan 2016

A retailer was just sued and found guilty of that exact thing. See Badger guns.

dreamnightwind

(4,775 posts)
15. The poster is saying those ads are legitimate reasons for litigation
Sun Jan 10, 2016, 08:44 PM
Jan 2016

No way is that true.

You want to sue gun manufacturers when their products are misused. I just don't see the legitimacy of that argument.

I am all for less guns and for a better taken care of, more economically secure, less militant culture in general, as is Bernie.

Gman

(24,780 posts)
16. That poster makes the wrong argument
Sun Jan 10, 2016, 08:47 PM
Jan 2016

Although I'm not sure that's what the poster meant. In fact gun makers should be sued for their products that have no other use but to kill someone.

dreamnightwind

(4,775 posts)
18. So you think they should be sued for making lethal self-defense products
Sun Jan 10, 2016, 08:49 PM
Jan 2016

apparently because they aren't always used for self-defense. Good luck with that.

Gman

(24,780 posts)
20. Stop twisting it
Sun Jan 10, 2016, 08:51 PM
Jan 2016

The purpose of all guns is to kill something. I don't remember Ssmuel Colt ever saying his product only was for self defense.

dreamnightwind

(4,775 posts)
30. No that is not twisting it
Sun Jan 10, 2016, 09:01 PM
Jan 2016

One purpose is to kill something, another is as a deterrent.

Killing something, in the case of hunting, is considered legal (I don't like hunting but I eat meat so my dislike of hunting is rather hypocritical).

Many of these products are not legitimately for hunting, of course, they are for defense or offense from/upon other humans.

I'd personally be fine if nobody was able to own guns (including most if not all cops), I hate them and don't like many of the people that cling to them (some exceptions, I've known a few people I otherwise respect who disagree with me re guns, they feel they are a necessary means of defense).

But saying all they can do is kill something is your own way of twisting it.

Gman

(24,780 posts)
32. Regardless, our discussion here is why
Sun Jan 10, 2016, 09:03 PM
Jan 2016

Sanders is very weak on the issue for a progressive. And guns are a huge issue.
You can't make him strong on the issue or even change perceptions by explaining why those long held perceptions are now wrong.

Gman

(24,780 posts)
42. That's mostly what I use my guns for
Sun Jan 10, 2016, 09:07 PM
Jan 2016

But guns are used to kill in addition to recreation. In fact, recreation us a secondary use next to killing.

retrowire

(10,345 posts)
53. Alright then.
Sun Jan 10, 2016, 09:13 PM
Jan 2016

So lets say you manufactured guns and you told people they could be used to kill, they could be used to hunt or they could be used for good ole' recreation, and the people used it wrongly, should YOU be punished for it?

I mean, after all, you told them it could be used for many things, you told them what NOT to do with it and yet they went ahead and did it.

Now you're being sued. Sound fair? Because there's this Gman guy on the internet who think's that's an awesome idea.

Gman

(24,780 posts)
62. The point is not the overall debate
Sun Jan 10, 2016, 09:17 PM
Jan 2016

The point is Sanders' lack of support for gun regulation while claiming to be a progressive

retrowire

(10,345 posts)
69. Looks like you've degenerated as your talking points have failed.
Sun Jan 10, 2016, 09:20 PM
Jan 2016

Bernie's supported regulation just fine. I'm sure you'll bring up the Brady Bill next. He was voting in the best interests of his state and wanted a background check that didn't take as long. He never ever ever said he didn't want background checks.

So now that I went ahead and defeated the Brady Bill argument, how else is Bernie not a progressive when it comes to guns?

And honestly, is its progressive to be completely Anti Gun?

They're here, and they're everywhere. You won't make progress suing the manufacturers, you WILL make progress by encouraging education and safety. Kind of like sex ed. Abstinence programs cause problems. Gun abstinence will do the very same.

retrowire

(10,345 posts)
74. What's to excuse? He's fine.
Sun Jan 10, 2016, 09:24 PM
Jan 2016

I explained why and this is your retort?

If you're a progressive, then where is the progression?

You're hitting a brick wall by doing this.

Gman

(24,780 posts)
80. The parents of Sandy Hook children had no recourse
Sun Jan 10, 2016, 09:36 PM
Jan 2016

For what a gun was used for. Sanders' vote helped deny holding the manufacturer accountable for the deaths from a clearly dangerous product. There is no getting around that.

He's even walking it back saying he'd vote for changes which is real safe to say considering this congress' opposition to any gun control legislation.

retrowire

(10,345 posts)
92. is mention if sandy hook supposed to give gravity to your argument?
Sun Jan 10, 2016, 10:04 PM
Jan 2016

I'm betting that suing the manufacturers won't prevent another sandy hook from happening.... and I'm certain those parents understand that too.

Gman

(24,780 posts)
93. Regardless, they have no recourse
Sun Jan 10, 2016, 10:07 PM
Jan 2016

Because of a bill Sanders supported. I suggest you make your case to them.

sadoldgirl

(3,431 posts)
84. Tat is pure deflection!
Sun Jan 10, 2016, 09:42 PM
Jan 2016

If the product of a gun is legal, no court could
support this kind of law. And THAT is the issue.

But I want to hear HRC making that an issue in
a lot of Western states.

You know what? She will avoid it like hell!

sadoldgirl

(3,431 posts)
90. No, what is wrong is to propose a law,
Sun Jan 10, 2016, 09:58 PM
Jan 2016

which no court could support, and then make it
into a political issue.

Gman

(24,780 posts)
91. Do you realize you're arguing that a judge can decide if a law is valid
Sun Jan 10, 2016, 10:03 PM
Jan 2016

That's not how it works. A judge applies the law as written according to his interpretation of the law.

Gman

(24,780 posts)
97. I that case someone has to specifically ask a court
Sun Jan 10, 2016, 10:28 PM
Jan 2016

If a law is unconstitutional versus (the way I understood your point) a judge deciding in a court case under the law that the law was not valid.

You are correct by he SCOTUS can ultimately rule on constitutionality.

JDPriestly

(57,936 posts)
39. No. If it weren't for the Second Amendment, you could make the manufacture
Sun Jan 10, 2016, 09:06 PM
Jan 2016

of guns illegal. But so far no one has been able to sue the manufacturer of a product that is legally manufactured and on the market without proving that somehow the product was defective.

Cigarettes cause cancer in a good portion of smokers. But they are still legal.

The way to end the crisis of guns and violence is by educating people as to the fact that guns are really deadly and that if you buy and have them, someone in your family could be killed by your gun.

It's a matter of education. Just as it is with alcohol and tobacco.

Drink enough alcohol, and chances are very great that you will die. In that sense, alcohol is a deadly product, a real killer -- liver disease for starts.

Also we have other chemicals on the market that have the capacity to kill us if we do not use them wisely.

You are talking about strict liability. Not likely to be enacted with regard to guns.

If we wanted to make a product manufacturer strictly liable for deaths caused by the product, I think we should start with tobacco. Then alcohol. Guns would be way down the line.

That's because guns can have a good purpose -- not the military-grade guns -- but ordinary guns can kill game for food. They can be used for self-protection in certain circumstances.

What good purpose do tobacco products have -- other than to kill insects maybe? Not even sure about that.

Gman

(24,780 posts)
47. All that's fine and dandy
Sun Jan 10, 2016, 09:10 PM
Jan 2016

It's standard gun industry arguments. But are you saying it makes Sanders ok on the gun issue? Do you realize how counter to the progressive position everything you say is?

retrowire

(10,345 posts)
63. lol your tactic is showing.
Sun Jan 10, 2016, 09:17 PM
Jan 2016

When you can't diffuse the argument you accuse it of being "right wing" or "gun industry" argument.

Sorry, it's neither of those, it's common sense.

retrowire

(10,345 posts)
71. Ha, where's my foam hat?
Sun Jan 10, 2016, 09:21 PM
Jan 2016

The one with the gun on it?

Nice try. But I guess that's all you've got left.

hack89

(39,181 posts)
41. I have been a gun owner for decades and have never killed a living thing
Sun Jan 10, 2016, 09:07 PM
Jan 2016

your premise ridiculous. The vast majority of guns and gun owners will never kill someone. So obviously there are many uses for guns other than killing. Competitive target shooting in my case.

 

Duckhunter935

(16,974 posts)
61. yes
Sun Jan 10, 2016, 09:16 PM
Jan 2016

Treat gun manufacturers like any other one that has SLAAP south directed at them. You do know there are the six exceptions and the still are sued for legitimate safety issues. There have been several safety recalls after lawsuits.

hack89

(39,181 posts)
64. The Democratic nominee, whoever it might be, will be good for gun owners
Sun Jan 10, 2016, 09:18 PM
Jan 2016

just like Obama.

This nitpicking over who is tougher on guns is irrelevant.

Gman

(24,780 posts)
70. The seemingly mad scramble to use standard NRA arguments
Sun Jan 10, 2016, 09:20 PM
Jan 2016

To say Sanders is right on guns is ridiculous.

Fact is, Sanders does not have a great record in gun control and he is vulnerable on the issue.

hack89

(39,181 posts)
120. Only if you assume that voters really care and that it will be an issue in the election
Mon Jan 11, 2016, 04:03 AM
Jan 2016

history says otherwise.

 

Hoyt

(54,770 posts)
78. Are you sure a gun you bought will never be used to kill or intimidate someone, even if next owner.?
Sun Jan 10, 2016, 09:34 PM
Jan 2016

hack89

(39,181 posts)
121. Unlike you, I am not clairvoyant.
Mon Jan 11, 2016, 04:05 AM
Jan 2016

It certainly will not be me killing or intimidating someone.

JDPriestly

(57,936 posts)
112. Take that argument to the judge and see where it goes.
Sun Jan 10, 2016, 11:27 PM
Jan 2016

So far it has gone nowhere. And it has been tried.

JDPriestly

(57,936 posts)
116. Are the liquor manufacturers liable when people drink their brews, drive
Mon Jan 11, 2016, 12:32 AM
Jan 2016

cars and kill people because they are drunk?

No. In some states the bartenders who serve a drunk person who later drives and kills someone might get sued, but that is as close as I have heard of it getting. And the reasoning behind the bartender possibly having liability is that he or she should not have served a person who was visibly drunk already.

It's very unlikely that we will have strict liability for gun manufacturers.

So we had better educate people about the drawbacks to gun ownership and gun use. We have a gun culture. I don't belong, and evidently you don't either. But we have to change it anyway. Education is the answer. Also cultural change.

 

Duckhunter935

(16,974 posts)
117. the question is
Mon Jan 11, 2016, 12:51 AM
Jan 2016

the distiller responsible? of course not, they did not sell to the drunk person. How and under what cause could you sue them?

uponit7771

(93,532 posts)
55. +1, well.. well... hollow point bullets are needed for the small rabbits with big claws and the deer
Sun Jan 10, 2016, 09:13 PM
Jan 2016

... who look at the gumpers mean and stuff

 

7962

(11,841 posts)
99. A hollow point usually stays inside the criminal instead of going thru him,
Sun Jan 10, 2016, 10:43 PM
Jan 2016

and hitting another person.
You cant sue a company for selling legal products that arent defective.
You CAN sue a dealer who sells to someone who isnt legally allowed to own a weapon

If you change those rules, then people will start suing food companies because they got fat. Or suing car companies because they actually drove their sports car fast and wrecked it. Or suing Netflix because you got fired for laying out of work to watch 50 straight episodes of "Breaking Bad"

Douglas Carpenter

(20,226 posts)
110. Bernie Sanders' D- rating from the NRA does not sound like much
Sun Jan 10, 2016, 11:15 PM
Jan 2016

like being in the back pocket of the NRA. Considering that Howard Dean an A rating.

 

Kentonio

(4,377 posts)
123. Ah bull.
Mon Jan 11, 2016, 05:04 AM
Jan 2016

This was nothing more than an attempt to make something legal become illegal via the backdoor.

Look, if I could wave a magic wand and make private gun ownership illegal, I'll do it in a heartbeat. If that's going to happen though, it requires a movement to change the 2nd Amendment. Trying to go around the constitution by suing companies out of existence when they are selling a legally permitted product is just underhand and dishonest.

 

Hoyt

(54,770 posts)
10. Product Liability. Of course, Sanders and others voted that doesn't apply to gun
Sun Jan 10, 2016, 08:34 PM
Jan 2016

manufacturers.

There are several theories of product liability, including:

http://legal-dictionary.thefreedictionary.com/Product+Liability

Misrepresentation in the advertising and sales promotion of a product refers to the process of giving consumers false security about the safety of a particular product, ordinarily by drawing attention away from the hazards of its use. An action lies in the intentional concealment of potential hazards or in negligent misrepresentation. The key to recovery on the basis of misrepresentation is the plaintiff's ability to prove that he relied upon the representations that were made. Misrepresentation can be argued under a theory of breach of express warranty or a theory of strict tort liability.

Strict liability involves extending the responsibility of the vendor or manufacturer to all individuals who might be injured by the product, even in the absence of fault. Injured guests, bystanders, or others with no direct relationship to the product may sue for damages caused by the product. An injured party must prove that the item was defective, the defect proximately caused the injury, and the defect rendered the product unreasonably dangerous.


I think there could also be action based upon fact gun manufacturers know that their guns will be used by criminals, racists, intimidators, spousal abusers, terrorists, etc. They pander and market directly to those folks. They support the NRA that pushes the right wing racist agenda.

So, yeah, there is every reason it should be decided in court.

dreamnightwind

(4,775 posts)
17. Your own excerpt pretty much shows how ridiculous this is
Sun Jan 10, 2016, 08:47 PM
Jan 2016
An injured party must prove that the item was defective, the defect proximately caused the injury, and the defect rendered the product unreasonably dangerous.


So, can't sue under that provision.

I think there could also be action based upon fact gun manufacturers know that their guns will be used by criminals, racists, intimidators, spousal abusers, terrorists, etc. They pander and market directly to those folks. They support the NRA that pushes the right wing racist agenda.


So sue te manufacturers of opiate-based prescription meds, who know full well their products will be used by criminals. There may be other better examples, thaat's the first one I could think of.

I agree with what you are trying to do but not how you are trying to get there.

JDPriestly

(57,936 posts)
45. Let's apply strict liability to tobacco products and alcohol first.
Sun Jan 10, 2016, 09:09 PM
Jan 2016

We know not only that they kill or cause illnesses in a certain percentage of their users, but that they serve no real purpose. Tobacco products in particular serve no purpose that is any better than guns.

You can shoot a gun. You just burn up tobacco and it makes a certain percentage of its users very sick.

First things first.

 

Snotcicles

(9,089 posts)
52. Hell she even profited from sales of them while being a shareholder and sitting on the
Sun Jan 10, 2016, 09:13 PM
Jan 2016

BOD of this country's largest firearms and ammo retailer.

uponit7771

(93,532 posts)
60. Strawman, no one is against guns just against not using good common sense in keeping people
Sun Jan 10, 2016, 09:16 PM
Jan 2016

... safe

Gman

(24,780 posts)
5. Are you kidding? It could not be more apples to apples
Sun Jan 10, 2016, 08:30 PM
Jan 2016

If a company has a product that a child chokes on and dies, the company was highly negligent in not foreseeing their product could kill a child. A gun is a product that can kill. But there is no accountability. How is that right?

retrowire

(10,345 posts)
23. lmao
Sun Jan 10, 2016, 08:52 PM
Jan 2016

you know how conducted protect themselves from little kids choking on stuff?

warning labels.

know what guns have?

warning labels.

try again.

Gman

(24,780 posts)
24. Yeah, and since it's common for 2 year olds to read,
Sun Jan 10, 2016, 08:54 PM
Jan 2016

Then how can they be responsible, right?

Makes no sense.

retrowire

(10,345 posts)
26. those labels are the industries protection. Sorry.
Sun Jan 10, 2016, 08:58 PM
Jan 2016

It's the adults responsibility to read them and understand the consequence of handling the product irresponsibly.

retrowire

(10,345 posts)
40. No seriously, they're a liability protection.
Sun Jan 10, 2016, 09:07 PM
Jan 2016

The company is typically guarded from legal action because of warning labels. It's essentially a "We told you not to do that" defense.

Why again, did McDonalds have to print on their coffee cups that coffee is in fact, hot?

Because someone got away with suing them for burning themselves with that hot coffee. It's a real legal protection.

https://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants

 

rhett o rick

(55,981 posts)
29. Auto manufacturers are not responsible if someone uses a car to kill another. Manufacturers that
Sun Jan 10, 2016, 09:00 PM
Jan 2016

manufacture products for children are responsible that the products are safe for children. If a child gets a kitchen knife and injures itself, the knife manufacturer isn't responsible.

Yes, it's apples and oranges.

ChiciB1

(15,435 posts)
6. Thanks For Explaining "Headlines" That Seem Negative, But
Sun Jan 10, 2016, 08:30 PM
Jan 2016

really aren't. I'm sure we'll be seeing MORE of this as we roll along!!

 

still_one

(98,883 posts)
7. You present valid rebutable to the question if gun manufacters should be liable for the
Sun Jan 10, 2016, 08:31 PM
Jan 2016

misuse of their product.

To play devils advocate though, while gun companies do NOT have zero liability for their goods, they do have special legal protections against liability that very few other industries enjoy, and that makes it a valid subject for debate.

The other fact is that Bernie did vote against the Brady Bill and background checks, though he has subsequently evolved on that issue, it bothers some that an issue as reasonable as background checks should have even been opposed.

Regardless, I think we all realize this is the season for politics, and both sides will jockey for what they believe will be to their advantage

JonLeibowitz

(6,282 posts)
25. There was a lot more in the Brady Bill than background checks.
Sun Jan 10, 2016, 08:55 PM
Jan 2016

Unfortunately, things come to an up or down vote as a whole, not always in pieces. Part of what I am speaking of is waiting periods (an issue I am personally torn on), and part is what would disqualify someone from purchasing a background check.

For example, of the provisions in the background check to disqualify a purchaser (from wikipedia, pardon me):

1. Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
2. Is a fugitive from justice;
3. Is an unlawful user of or addicted to any controlled substance;
4. Has been adjudicated as a mental defective or committed to a mental institution;
5. Is an alien illegally or unlawfully in the United States;
6. Has been discharged from the Armed Forces under dishonorable conditions;
7. Having been a citizen of the United States, has renounced U.S. citizenship;
8. Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner, or;
9. Has been convicted in any court of a misdemeanor crime of domestic violence.


I find myself agreeing with only 4-4.5 of those provisions.
 

still_one

(98,883 posts)
37. I was just bringing up in this political environment, reasons why this is a debatable subject.
Sun Jan 10, 2016, 09:05 PM
Jan 2016

JonLeibowitz

(6,282 posts)
44. Yep, and you are very right. However, I want to inject some nuance into the discussion of the Brady
Sun Jan 10, 2016, 09:08 PM
Jan 2016

Bill. I don't see it as a black or white issue that should be used to whack candidates with. I find myself only agreeing with part of it, and I am from a state where gun violence is a problem.

sadoldgirl

(3,431 posts)
9. I really do not understand that gun immunity
Sun Jan 10, 2016, 08:33 PM
Jan 2016

issue. If you sell a legally permitted product, how
can you be held responsible for the customer's abuse?

Then we should hold companies responsible for selling
knives or cars or axes? I don't see that any court
could uphold that kind of law.

And if you drink alcohol and drive, cause an accident,
then which company is responsible for your abuse?

Food is a totally different problem, because we all have
to rely on its being safe.

JDPriestly

(57,936 posts)
101. Then there are tobacco products. They have no purpose whatsoever,
Sun Jan 10, 2016, 10:45 PM
Jan 2016

and they cause serious illness or death in a certain percentage of their users. If we want to apply strict liability to a product, we should apply it to tobacco first. You smoke and you get cancer. The tobacco companies have to pay your damages and your healthcare costs. Why not?

Half-Century Man

(5,279 posts)
13. When someone is stabbed to death with a banana
Sun Jan 10, 2016, 08:41 PM
Jan 2016

I think the grower should not become a target of litigation.

sadoldgirl

(3,431 posts)
87. Well they market the terribly unhealthy cereals,
Sun Jan 10, 2016, 09:54 PM
Jan 2016

The question I have would the courts ever agree
with this issue, when the product is totally legal?

I doubt it very much.

I wait for HRC to make that issue an important
one here in the West. I doubt that even more.

Thus it is only a political ploy right now.

Thinkingabout

(30,058 posts)
21. This is the only industry which has immnity, car companies do not
Sun Jan 10, 2016, 08:51 PM
Jan 2016

Have immunity. The NRA only pushed the immunity for the gun industry, if it was not the only industry it would be a different story. The NRA has pushed laws which the large majority thinks should be repealed. Having voted for these laws is something Sanders should say was a total mistake, he has only said he would look at them again.

sadoldgirl

(3,431 posts)
35. No car company is responsible for the
Sun Jan 10, 2016, 09:05 PM
Jan 2016

abuse of its product by the customer.

If the product shows faulty design, that would be
a different story.

I detest guns, but as long as they are a legal product,
and have no faulty designs, I cannot even see how
any court could find the producer guilty of the
customer's negligence.

Thinkingabout

(30,058 posts)
49. Again the only industry which has immunity is the gun industry.
Sun Jan 10, 2016, 09:12 PM
Jan 2016

If it is true a car company can not be sued for negligence of user then why does the gun industry need immunity.

JonLeibowitz

(6,282 posts)
86. Because people will try and it is a huge waste of resources when we don't want that outcome.
Sun Jan 10, 2016, 09:52 PM
Jan 2016

JDPriestly

(57,936 posts)
22. Thank you. Good clarification.
Sun Jan 10, 2016, 08:52 PM
Jan 2016

If the manufacturer or seller of a gun disobeys a law or does something negligent or wrong, then they should be subject to a lawsuit.

But if they don't, then they should not be liable for what someone else does with the guns or ammunition they manufacture.

I don't understand why people want anything else.

If they irresponsibly sell a gun to someone who is not allowed to have it, that is a different matter.

But if a manufacturer does nothing wrong, then they aren't liable.

 

Hoyt

(54,770 posts)
43. Then, why did Sanders think the law was necessary? Probably because gunz are big in Vermont.
Sun Jan 10, 2016, 09:07 PM
Jan 2016

Let courts decide if someone has a case as they do on just about every other product.

 

Voice for Peace

(13,141 posts)
28. Hilary's dishonest prsuit of this nonsense fools
Sun Jan 10, 2016, 09:00 PM
Jan 2016

nobody but her own devout followers. She knows better but this is her typical tactic. I loathe dishonesty.

dreamnightwind

(4,775 posts)
50. I pretty much agree
Sun Jan 10, 2016, 09:12 PM
Jan 2016

She was desperate for an issue to position herslef to the left of Sanders on, however disingenuous it may be.

Thinkingabout

(30,058 posts)
76. She is not in the minority of thinking, a large majority of Americans is
Sun Jan 10, 2016, 09:30 PM
Jan 2016

Thinking with Hillary. Sanders has been pulled back to the left on the gun issue.

 

cherokeeprogressive

(24,853 posts)
46. Looks like another Hillary supporter found an old talking point paper under a rug...
Sun Jan 10, 2016, 09:09 PM
Jan 2016

forgot it had been posted eleventy times, in eleventy OPs, and so posted it once more.

 

NorthCarolina

(11,197 posts)
58. I've been to BernieSanders.com and studied his positions on gun control,
Sun Jan 10, 2016, 09:14 PM
Jan 2016

and I agree with them.

 

Android3.14

(5,402 posts)
107. It is painfully obvious how the Clintons are trying to manipulate people
Sun Jan 10, 2016, 11:04 PM
Jan 2016

And what a joy it is to see the people politely decline to consume this tripe.

 

vi5

(13,305 posts)
126. So I guess that means...
Mon Jan 11, 2016, 09:22 AM
Jan 2016

I should vote for the candidate who I disagree with on at least a dozen issues rather than the one I disagree with on one issue?

Makes sense. Good logic.

dsc

(53,396 posts)
128. they most certainly are when they purposely send thousands of guns
Mon Jan 11, 2016, 09:48 AM
Jan 2016

to stores in the middle of nowhere which happen to be close to Chicago or DC and then sit and watch as straw buyers buy hundreds of the same gun. That is what gun makers did (at one point VA was the source of a full third of guns used in crimes in New York) and that is what they were being sued for and that is what Sanders voted to immunize them against.

Latest Discussions»Retired Forums»2016 Postmortem»Bernie Sanders Supported ...