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In reply to the discussion: Connecticut Senator Not Happy With Bernie Sanders’ View On Sandy Hook Lawsuit [View all]branford
(4,462 posts)Last edited Tue Apr 5, 2016, 06:14 PM - Edit history (2)
Tthere are many Democrats and independents across the country who support gun rights, and some voters are not more important than others, even if they agree with you.
More importantly, we don't get to vote in constitutional rights. Whether you like it or not, we have an individual right to keep and bear arms (also recognized in the official Democratic Platform). Do believe any other rights should be up for a vote, maybe abortion, same-sex marriage, free speech, etc.? I'm certain many areas of the country would be quick to institute bans on these cherished liberal achievement, and would accomplish it with sizable democratic majorities.
Lastly, since you claim to know "how product liability works," as an actual litigation attorney, I would be most interested in your articulation of how the manufacturers and dealers in the Sandy Hook lawsuit would be liable under prevailing product liability jurisprudence, no less concerning a constitutionally protected product that fully complied with Connecticut's own long-standing "assault weapon's" ban" and only procured by killing the owner, Lanza's mother?
Notably, these types of lawsuits were already considered frivolous many years ago, and were largely, and often quite openly, designed to bankrupt the manufacturers with legal fees rather than meritorious legal arguments. This bad faith strategy and abuse of the courts is what ultimately provided the necessary political support for the PLCAA, which still permits lawsuits when there are actual defects in a firearm. The PLCAA is also hardly unique. Congress provided similar protections for comparable reasons to vaccine and airplane part manufacturers.