Question about the PLCAA thing...

[retrowire]

Bernie is for it.

Does this allow people to sue gun manufacturers in the case where a gun was used in a crime?

UPDATE: Thanks all for the clarification.

[LiberalElite]

1. I believe I read somewhere here that he is now

against it.

[stone space]

2. Bernie is against it. Only the Clown Car and the NRA supports it. (nt)

[Duckhunter935]

5. I am not part of the clown car or a

Member of the NRA. I support a sensible law that is needed due to SLAAP suits.

[stone space]

7. Bernie disagrees with you. So do I. (nt)

[Duckhunter935]

8. good for you

He is still the best for the job. If Annie Oakley gets the nomination, you will be surprised how far right she will go on firearms.

[Duckhunter935]

3. why would you sue a manufacturer of a legal product

and they are forbidden by federal law to sell to the public but used in a criminal manor by a third party?

[stone space]

15. Let arms manufacturers play by the same rules as everibody else.

What kind of cowardly industry needs special rules?

[Duckhunter935]

16. I agree

They should be able to sell to any wholesaler or retailer like any other business. They should not require a government FFL.

[Duckhunter935]

4. Bernie is open

For the law to be amended. If you research the law, it is not blanket immunity but has 6 very important exceptions that allow lawsuits.

[stone space]

6. Bernie is against the PLCAA and wants to repeal it.

Bernie is for it.

[retrowire]

9. Then why am I so confused?! nt

[Cassiopeia]

10. Yes and no.

If a dealer or manufacturer knowingly sells weapons to a criminal that is not allowed to possess a firearm they can be sued.

If the dealer or manufacturer has sold weapons by legal means making it a legal purchase they can not.

Some additional info:

https://www.govtrack.us/congress/bills/109/s397/text

(5) QUALIFIED CIVIL LIABILITY ACTION-

(A) IN GENERAL- The term `qualified civil liability action' means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include--

(i) an action brought against a transferor convicted under section 924(h) of title 18, United States Code, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted;

(ii) an action brought against a seller for negligent entrustment or negligence per se;

(iii) an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought, including--

(I) any case in which the manufacturer or seller knowingly made any false entry in, or failed to make appropriate entry in, any record required to be kept under Federal or State law with respect to the qualified product, or aided, abetted, or conspired with any person in making any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale or other disposition of a qualified product; or

(II) any case in which the manufacturer or seller aided, abetted, or conspired with any other person to sell or otherwise dispose of a qualified product, knowing, or having reasonable cause to believe, that the actual buyer of the qualified product was prohibited from possessing or receiving a firearm or ammunition under subsection (g) or (n) of section 922 of title 18, United States Code;

ETA Here's section 922 and 924 for additional reference.

https://www.law.cornell.edu/uscode/text/18/922

https://www.law.cornell.edu/uscode/text/18/924

[retrowire]

11. And Bernie supports this provision?

If so, that's great.

[Cassiopeia]

12. That provision is already in the PLCAA

There's a lot of misinformation out there, which is the goal of some.

[retrowire]

13. that provision is in the plcaa

and Bernie supports the PLCAA? sorry im being dense.

[Cassiopeia]

14. Well

He voted for it in 05. The PLCAA just doesn't actually do exactly what many here claim it does.

As far as Bernie's exact stance today I don't really know. I simply haven't researched it that much because guns and gun violence won't be changed with any of the ideas any of the candidates or current politicians are putting forth. Even Obama's executive actions really won't do anything except create a windfall for the dealers and manufacturers.

The fact is there are no politicians with the will to make meaningful changes. It's all smoke and mirrors for campaigns and nothing more.

And I don't feel you're being dense. I wish I could go into more detail, but I'm doing chores in between posts.