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2016 Postmortem
In reply to the discussion: From Slate.com - "Bernie Sanders, Gun Nut" [View all]aikoaiko
(34,214 posts)70. For those who read this Slate screed, PLCAA DOES allow suits against the gun industry
All a plaintiff has to do is find fault based on one of these six exceptions provided by PLCAA.
There are six exceptions to the blanket civil immunity provided by the PLCAA:
(1) an action brought against someone convicted of knowingly transfer 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.
http://smartgunlaws.org/gun-industry-immunity-policy-summary/
(1) an action brought against someone convicted of knowingly transfer 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.
http://smartgunlaws.org/gun-industry-immunity-policy-summary/
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The Slate article IS correct, and the rest of your post is irrelevant to the subject at hand!
George II
Oct 2015
#5
Anyone who calls Bernie a gun nut is either delusional or a complete moron.
beam me up scottie
Oct 2015
#4
Read the article. Remember, the NRA endorsed Sanders when he first ran for Congress in 1990!
George II
Oct 2015
#9
I read it the first time and all five times it was posted here, George, keep up.
beam me up scottie
Oct 2015
#10
But he repeatedly voted for easy access to guns AND legal protection for gun manufacturers.
George II
Oct 2015
#15
Obama talked about the difference between urban and rural gun use after Sandy Hook:
beam me up scottie
Oct 2015
#22
Rachel Maddow QUOTED from the "gun nut" essay, but since she didn't say those two words, it doesn't
MADem
Oct 2015
#72
No, I didn't--you were the one who opened up Pandora's Box with your 'moronic and delusional'
MADem
Oct 2015
#75
So you were wrong when you said this: "Rachel Maddow, delusional, complete moron...?"
beam me up scottie
Oct 2015
#79
No, I wasn't--she linked to the GUN NUT ESSAY. Poor you--trying SO hard to parse!!
MADem
Oct 2015
#80
SO much HYPERBOLE and CAPITALIZATION and DESPERATION in those posts!
beam me up scottie
Oct 2015
#81
Ooooooh, yeah....and you said Good Night, but you just can't leave me be, can ya?
MADem
Oct 2015
#84
Rachel LINKED to -- and quoted from -- the "GUN NUT" essay. Are you saying that she wasn't
MADem
Oct 2015
#99
Quoting from an article and linking to it does not imply that you agree with everything in it,
Vattel
Oct 2015
#103
Of course he does, but he will twist and spin and deflect for days in order to PROVE he's not wrong.
beam me up scottie
Oct 2015
#107
... or a disingenuous hyperpartisan who will say whatever they think it takes to win.
AtomicKitten
Oct 2015
#101
As well as dishonest and exploitative to blame Bernie for this tragedy.
beam me up scottie
Oct 2015
#102
No, I'm using that poster's "logic". Gun manufacturers can be sued for defective products.
beam me up scottie
Oct 2015
#24
What is "Camp Weathervane"? I read the legislation that Sanders voted for, it supports gun mfrs.
George II
Oct 2015
#40
Bernie voted for gun control. What has your candidate done to solve the problem, George?
beam me up scottie
Oct 2015
#60
You can sue gun manufacturers if they break the law or make a defective product
beam me up scottie
Oct 2015
#31
And that's it. They got nearly complete immunity against all civil lawsuits.
BlueWaveDem
Oct 2015
#36
Using your "logic" the victims would sue the manufacturer of the car used in the accident.
beam me up scottie
Oct 2015
#47
They can't sue them for making a legal product that's used illegally.
beam me up scottie
Oct 2015
#49
It's better than the cigarette and gun manufactuers lawsuits analogy that was used earlier
Autumn
Oct 2015
#38
You're right, because the law that protected them was enacted, thanks in part to Sen. Sanders.
George II
Oct 2015
#48
It's is absolutely pro-gun. We already had enough anti-SLAPP protections for the gun industry....
msanthrope
Oct 2015
#83
Repeat: What does that have to do with this topic or this morning's slaughter?
George II
Oct 2015
#51
Since you're reposting an old article, yes. You should be ashamed of yourself.
beam me up scottie
Oct 2015
#33
This was probably coordinated elsewhere and DU is disgusted with that site too.
beam me up scottie
Oct 2015
#66
I just knew somebody was going to post this about Bernie after the shooting! nt
m-lekktor
Oct 2015
#67
For those who read this Slate screed, PLCAA DOES allow suits against the gun industry
aikoaiko
Oct 2015
#70