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

Cassiopeia

(2,603 posts)
10. Yes and no.
Sun Jan 17, 2016, 05:34 PM
Jan 2016

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

Recommendations

0 members have recommended this reply (displayed in chronological order):

I believe I read somewhere here that he is now LiberalElite Jan 2016 #1
Bernie is against it. Only the Clown Car and the NRA supports it. (nt) stone space Jan 2016 #2
I am not part of the clown car or a Duckhunter935 Jan 2016 #5
Bernie disagrees with you. So do I. (nt) stone space Jan 2016 #7
good for you Duckhunter935 Jan 2016 #8
why would you sue a manufacturer of a legal product Duckhunter935 Jan 2016 #3
Let arms manufacturers play by the same rules as everibody else. stone space Jan 2016 #15
I agree Duckhunter935 Jan 2016 #16
Bernie is open Duckhunter935 Jan 2016 #4
Bernie is against the PLCAA and wants to repeal it. stone space Jan 2016 #6
Then why am I so confused?! nt retrowire Jan 2016 #9
Yes and no. Cassiopeia Jan 2016 #10
And Bernie supports this provision? retrowire Jan 2016 #11
That provision is already in the PLCAA Cassiopeia Jan 2016 #12
that provision is in the plcaa retrowire Jan 2016 #13
Well Cassiopeia Jan 2016 #14
Latest Discussions»Retired Forums»Bernie Sanders»Question about the PLCAA ...»Reply #10