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In reply to the discussion: Bernie needs to see the light when it comes to gun control. It's our job to educate him on the facts [View all]sarisataka
(22,598 posts)110. Not great special immunity
If it still allows suits to proceed
According to the Law Center to Prevent Gun Violence-
There are six exceptions to the blanket civil immunity provided by the PLCAA:
(1) an action brought against someone convicted of knowingly transfer[ing] a firearm, knowing that such firearm will be used to commit a crime of violence by someone directly harmed by such unlawful conduct;
(2) an action brought against a seller for negligent entrustment or negligence per se;
(3) 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;3
(4) an action for breach of contract or warranty in connection with the purchase of the product;
(5) an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or
(6) an action commenced by the Attorney General to enforce the Gun Control Act or the National Firearms Act.4
(1) an action brought against someone convicted of knowingly transfer[ing] a firearm, knowing that such firearm will be used to commit a crime of violence by someone directly harmed by such unlawful conduct;
(2) an action brought against a seller for negligent entrustment or negligence per se;
(3) 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;3
(4) an action for breach of contract or warranty in connection with the purchase of the product;
(5) an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or
(6) an action commenced by the Attorney General to enforce the Gun Control Act or the National Firearms Act.4
Smith & Wesson Corp. v. City of Gary, 875 N.E.2d 422 (Ind. App. 2007): The City of Gary, Indiana brought a public nuisance claim against various gun manufacturers and distributors. Specifically, the City alleged that the defendants knowingly sold guns to straw purchasers who, in turn, sold guns to known criminals. The evidence supporting the claim was derived from a sting operation conducted by the Citys police department.
The Indiana Court of Appeals allowed the suit to proceed over the PLCAA defense raised by the firearms industry. In particular, it rejected the firearms industrys argument that the term applicable is limited to statutes that are targeted to the gun industry, finding instead that on the face of the [predicate exception], Indianas public nuisance statute appears applicable to the sale or marketing of firearms.
http://smartgunlaws.org/gun-industry-immunity-policy-summary/The Indiana Court of Appeals allowed the suit to proceed over the PLCAA defense raised by the firearms industry. In particular, it rejected the firearms industrys argument that the term applicable is limited to statutes that are targeted to the gun industry, finding instead that on the face of the [predicate exception], Indianas public nuisance statute appears applicable to the sale or marketing of firearms.
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Bernie needs to see the light when it comes to gun control. It's our job to educate him on the facts [View all]
Cali_Democrat
May 2015
OP
What's wrong with getting Bernie to become a more forceful advocate for gun control?
Cali_Democrat
May 2015
#3
In so doing, he would alienate true progressives, who value the whole Bill of Rights.
appal_jack
May 2015
#17
Getting Sanders to become a more forceful advocate for gun control alienates true progressives?
Cali_Democrat
May 2015
#64
I don't think gun control is progressive, it's in the tradition of prohibitionism...
Eleanors38
May 2015
#76
You know, before I posted, I had the beginning of a sentence typed against this canard...
appal_jack
May 2015
#133
I'll go-in on a group buy if you sue to make it legal and then organize it! nt
appal_jack
May 2015
#137
"It could be that he completely understands and still just doesn't agree with you."
friendly_iconoclast
May 2015
#142
I thought Bernie was all for letting each state handle their own specific gun laws.
Hiraeth
May 2015
#145
You make a good point. The definition of Democrat seems to have changed since the DLC became
rhett o rick
May 2015
#37
Then you either don't know Bernie or you don't know the history of the Democratic party.
Dawgs
May 2015
#40
I went looking to see if he had any statements on gun violence other than a pro gun voting record
Agnosticsherbet
May 2015
#9
Good point. Do you think they need special civil immunity? It looks like you do!
DanTex
May 2015
#83
That is an insane argument. Literally you want to "protect" people by denying them access
DanTex
May 2015
#95
Do you want a Special Exception made for plaintiff lawyers? That's what the law prevents.
Eleanors38
May 2015
#86
At least making a general law that isn't specific to the gun industry would be less obviously wrong.
DanTex
May 2015
#116
He does support gun control. Sanders Votes for Background Checks, Assault Weapons Ban
Cheese Sandwich
May 2015
#11
OK but Bernie voted for expanded background checks, and the assault weapons ban
Cheese Sandwich
May 2015
#25
LOL..A Bernie supporter on DU pointed out that Bernie didn't need to evolve.
misterhighwasted
May 2015
#31
What should he say when you tell him that aproximately 922780 of those deaths are self inflicted?
beevul
May 2015
#13
Of "education" on gun issues, the special exception sought by banners is a worthy start...
Eleanors38
May 2015
#85
I heard his answer last night - he is aware of the fact that up until now he represented the state
jwirr
May 2015
#26
What sick narcissism allows Americans to only ever count American deaths?
whatchamacallit
May 2015
#29
I thought this is an interesting fact. The statistics on gun deaths was from 1968.
Thinkingabout
May 2015
#84
It is too many deaths by guns. Are you thinking gun deaths isxa population control?
Thinkingabout
May 2015
#94
Re: confusing foreign aid amendment that Sanders, Kerry, Klobuchar, Feingold, et al, voted Yes on:
NYC_SKP
May 2015
#63
You realize the bulk of those deaths before WWII were due to infectious diseases, right? (nt)
jeff47
May 2015
#46
No. People need to be calm and read up on what he actually voted for and against.
NYC_SKP
May 2015
#47
The NRA gives him an "F". It doesn't get lower than that ...but enjoy the ranting.
L0oniX
May 2015
#58
Not the question, is it now? Nice diversion from the topic at hand though.
yellowcanine
May 2015
#73
I think Bernie Sanders has probably seen what passes for "edumacation" on this...
Eleanors38
May 2015
#69
If I accidentally eat a product containing peanut I guess I should sue every peanut farmer that
Autumn
May 2015
#75
I don't see that but I don't know who or what gunners are, I have those groups trashed.
Autumn
May 2015
#96
"Cult of personality?" Never met the guy. I like Warren, too. But her gun record is not good...
Eleanors38
May 2015
#97