2016 Postmortem
Related: About this forumHillary advocating suing gun manufacturers for shootings is ridiculous. If a person buys a gun
legally and kills someone how is that the gun manufacturers fault? Where does it end? If run over a person in a Chevy, should GM be sued? If someone kills a person with a Louisville slugger should that company be sued?
COLGATE4
(14,732 posts)persons from suing the gun manufacturers regarding how the guns were used. (The same holds true for GM with cars, Louisville Slugger for baseball bats, etc.)
JRLeft
(7,010 posts)JRLeft
(7,010 posts)Stand and Fight
(7,480 posts)ladjf
(17,320 posts)manufacturer for the murder of someone stabbed by one of their products. That is the absurd point that Clinton harped on and on yesterday during the debate.
JRLeft
(7,010 posts)ladjf
(17,320 posts)process of allowing gun owner privileges. The biggest problem there is that there are no quick tests than can guarantee that the prospective gunner owner will never go nuts and start murdering people. The problem will never be totally solved.
JRLeft
(7,010 posts)Press Virginia
(2,329 posts)PowerToThePeople
(9,610 posts)I am for banning all guns.
I am against manufacturers being liable for how an individual uses their (currently) legal product.
JRLeft
(7,010 posts)PowerToThePeople
(9,610 posts)eom
JRLeft
(7,010 posts)AgadorSparticus
(7,963 posts)There is a reason why it is ranked number 2 on that little list of bill of rights. Look at Mexico. The people have no recourse against their government or the cartels that run them. Civil liberties are hard to come by. Many lives have perished for us to enjoy those liberties and freedom. It is just unfortunate that gun rights is tied together with right wing nuts. But there are plenty of gun advocates that are not right wing. You just don't hear about them because they are not polarizing or sensational.
JRLeft
(7,010 posts)There is nothing you can say to them.
AgadorSparticus
(7,963 posts)I know many people who own multiple guns and are extremely responsible. I just don't believe that the correlation of gun deaths to gun laws is that simple. I think this is a grey issue-- not black and white. There are many factors that come into play but we don't ever seem to want to talk about it. Like gang violence, other criminal elements, economics, education, mental health and healthcare.
JRLeft
(7,010 posts)gun laws but have high murder rates. It's not the registered guns it's the illegal guns.
AgadorSparticus
(7,963 posts)With or without gun laws.
...sorry. I think it was another post I had made on this thread about the criminal element.
JRLeft
(7,010 posts)to get one.
AgadorSparticus
(7,963 posts)And criminality makes more sense in addressing gun related deaths. This incessant push on gun reformation is myopic to say the least. You're right. It makes certain people feel good. That's about it.
JRLeft
(7,010 posts)Svafa
(594 posts)to the right of him on every other issue. She is making a mountain out of one tiny molehill because it's all she has. Nevermind the fact that, as the OP pointed out, it's a ridiculous stance.
JRLeft
(7,010 posts)Svafa
(594 posts)she will get back to paying lip-service to gun owners the second it's time to start campaigning for the GE.
JRLeft
(7,010 posts)AgadorSparticus
(7,963 posts)scscholar
(2,902 posts)then your argument against common sense lawsuits would make sense.
ladjf
(17,320 posts)However, lots of knives are designed to kill. I shouldn't have used "kitchen" knives as my example. I should have used daggers
and swords.
JRLeft
(7,010 posts)spin
(17,493 posts)However a machete can be a very lethal weapon in the wrong hands.
Let's suppose some fool with a machete runs amok and kills several people. Should the company that manufactured the machete be sued?
Realize also that even if a firearm is primarily designed with killing in mind not all killing is bad. It is perfectly legal to kill in legitimate self defense when attacked by an individual who intends to put you in the hospital for an extended stay or six feet under (and has the ability and the means to do so).
Often a firearm is used for self defense and nobody ends up injured and no shots are even fired.
JRLeft
(7,010 posts)So you're right.
spin
(17,493 posts)I know a number of people who hunt deer during the hunting season and feral hog year round. They simply can't afford to buy their meat at the grocery store.
HoustonDave
(60 posts)Guns are designed to accurately launch projectiles at a given point.
The person who selects that aiming point is who decides whether a gun is going to kill.
Given the literally hundreds of millions of guns which DON'T kill anyone ever year, either they are designed hopelessly defectively (since they don't kill) or maybe the problem lies with the people who select bad targets.
Read an interesting statistic - that the NYPD thinks that almost all gun-related crime in the city is committed by less than 300 people... kind of makes you wonder why we don't aggressively target a known group of gun felons instead of broad-brush-painting legal owners who haven't, and probably never will, committed any crimes at all.
Given that almost all guns are very effective at launching a bullet pretty accurately at the target, it sounds like the problem is 'felon control' more than 'gun control.'
Vincardog
(20,234 posts)Lizzie Poppet
(10,164 posts)It's the most "November suicidal" thing she's pulled so far, of course. Shows her willingness to do anything to win...and her almost comically bad judgement. Gun Control is utterly toxic to Democratic candidates in a nationwide election.
JRLeft
(7,010 posts)Lizzie Poppet
(10,164 posts)Hillary's "do and say whatever it takes to win the primary, regardless of how dishonest or short-sighted it is" strategy seems to rely on enough voters actually buying the lurch to the right that will inevitably follow her nomination, and for liberal voters to decide they don't mind. She's banking on the electorate having the attention span of a gnat. Nice to know how highly she thinks of us, innit?
JRLeft
(7,010 posts)TM99
(8,352 posts)Sanders was quite right when he said, that if you want to be able to do this then what we are actually discussing is not control but outright banning of the manufacturing and sale of guns in the United States.
That will never happen.
I was glad to see him push back on that during last night's debate.
bigwillq
(72,790 posts)I am all for suing the person that committed a crime with a product but not the manufacturer, unless the product malfunctioned.
Lizzie Poppet
(10,164 posts)Such suits aren't filed for any reason other than an anti-democratic dodge around laws the plaintiffs can't garner enough votes to pass within the political system. I have no use for anyone who subverts democratic principles.
Gwhittey
(1,377 posts)Wow what a money racket. Find a person who wants husband whacked. Kill them with a stolen gun, leave gun there so no questions who made gun. The widow sues and you split the settlement!!
Vattel
(9,289 posts)I doubt it will go to trial. I suspect the Judge will dismiss it as too frivolous to go to trial.
Eleanors38
(18,318 posts)Autumn
(45,120 posts)JRLeft
(7,010 posts)Autumn
(45,120 posts)Cowpunk
(719 posts)...IF she is the Democratic nominee. Does she not yet realize that people record this shit?
JRLeft
(7,010 posts)Hell Hath No Fury
(16,327 posts)I agree with you completely. Liability laws are generally about design flaws and physical defects in a product that result in injury. The products these firearm manufacturers produce work exactly as intended, with no flaws or defects. As for the kind of liability we see as in a bar/bartender being liable for giving a patron too many drinks, since gun manufactures sell to dealers who then sell to the public, that would be like suing Jack Daniels because some guy in a bar bought too many shots and killed a carload of people.
It doesn't make any sense no matter how you look at it.
JRLeft
(7,010 posts)Bread and Circus
(9,454 posts)I agree with Bernie about the "irresponsible" sale of guns and I do think sellers and manufacturers should be held liable for injecting gun sales into areas that are known for high frequency of misuse / crime.
JRLeft
(7,010 posts)hollowdweller
(4,229 posts)I think that somehow, some weapon that is capable of a mass shooting, like big clips and stuff, that should be harder to get. More expensive or whatever.
Stuff like revolvers, lever actions, bolt actions should be even less restricted.
The biggest change though needs to be in the advertising and sale of guns that are military in design. I don't think they should be illegal but I think the promotion and advertising should be limited.
JRLeft
(7,010 posts)Mnpaul
(3,655 posts)because you will have legal high capacity weapons made before the ban, then a period when they were banned followed by a period where they were legal again(AWB expired) and then a period when they are banned again. It would be nearly impossible to figure out which are legal and which are not.
JRLeft
(7,010 posts)Travis_0004
(5,417 posts)I have a magazine that says 'for law enforcement usr only', because it was made during the ban.
Since the ban expired, I can legally own that now, and through any future bans.
Mnpaul
(3,655 posts)I haven't worked at a gun store since the ban expired so I'm not up on the details of how that worked. You also pointed out how the ban failed to stop the flow.
JRLeft
(7,010 posts)That's where my fully auto glock 17 9mm will stay with my 30 round clip. It's illegal in California. I have to go to Oregon to pick up my weapon.
PyaarRevolution
(814 posts)Absurd.
JRLeft
(7,010 posts)AgadorSparticus
(7,963 posts)Duckhunter935
(16,974 posts)Like if there is a manufacturing defect, those lawsuits are allowed.
JRLeft
(7,010 posts)LAS14
(13,783 posts)... she is advocating for the right of people to sue gun manufacturers for not making their product as safe as possible. E.g., fingerprint recognition and other things that people might come up with. We hold other manufacturers responsible for making their products as safe as possible.
JRLeft
(7,010 posts)You've got it.
JRLeft
(7,010 posts)Dem2
(8,168 posts)Nuance lost.
JRLeft
(7,010 posts)Bread and Circus
(9,454 posts)Duckhunter935
(16,974 posts)When these safe guns fail to work? It is call KISS for a reason. They do ship free gun locks with pistols.
krispos42
(49,445 posts)Too much that goes wrong.
There might be other ways to do it, but nobody is clamoring for them. Not the cops, not the feds, and not the general public.
People that don't own guns and never will seem to be hot for them.
MillennialDem
(2,367 posts)Also, bullets that are more likely to kill rather than merely wound (hollow point vs full metal jacket).
Guns that are needlessly unsafe - ie lack safety controls or have extended magazines...
Bread and Circus
(9,454 posts)JRLeft
(7,010 posts)MillennialDem
(2,367 posts)or cans etc).
Knives and hammers also almost never accidentally kill. In the next 5 minutes if my neighbor is cleaning his gun and it's loaded I could be dead or paralyzed. His steak knife isn't going to come through my drywall and hurt me.
And besides knives and hammers having other uses, it's also impossible to enforce any kind of effective ban at least around the house, if not in public (besides the fact of knives and hammers being useful for other things).
screwdriver? knife. Pair of scissors? knife. any sharpened piece of metal or glass or rock or hard wood/plastic? knife. Big rock? hammer/club. Heavy stick or piece of metal? Hammer.
So you can make your own hammer or knife quite easily. In fact they do it in prisons.
JRLeft
(7,010 posts)MillennialDem
(2,367 posts)other industrialized countries. The US has a murder rate because instead of fists we end up with guns. In other countries, one person punches the other out, they usually survive relatively intact.
JRLeft
(7,010 posts)that we do.
MillennialDem
(2,367 posts)Lizzie Poppet
(10,164 posts)Clearly there are other factors at play in Canada than guns per capita. Are Canadians less suicide-prone? Less criminally-inclined?
MillennialDem
(2,367 posts)Lizzie Poppet
(10,164 posts)I'm genuinely curious as to why Canada's rate of gun-related death is proportionally lower than their rate of guns per capita, in comparison the the US. Canada is a different culture...but probably closer to our own than any other. It's a better country to compare the US to in most areas of inquiry than any I can think of, even the UK. It might actually be possible, with such similar cultures, to sufficiently factor out confounding differences between the countries and get a good look at why they have fewer gun deaths than we do...and see what we might consider changing.
Canadians seem to be better at owning guns w/o killing themselves and others with them than we are...and I think finding out why would be very, very useful
JRLeft
(7,010 posts)Lizzie Poppet
(10,164 posts)None of my firearms have ever killed anything, and I hope with all my heart they never do. Most of what I shoot is long-range rifle stuff (I'm a pretty serious competitir), but I don't hunt, am not a police or military sniper, and never will be, and these aren't suitable self-defense weapons (I have handguns for that...more on those below). What sort of killing, precisely, do you believe I'm practicing for?
As for the handguns, yes, I practice shooting human beings with them. I'm not going to use some silly euphemism: shooting predatory humans in self defense is what I have those handguns for (one for home, plus a smaller one for licensed concealed carry). I am not...most emphaticaly not...practicing "killing." I'm practicing stopping an attacker. That's not a semantic game, either. There's a difference.
That difference lies partly in intent. I have no desire to kill anyone, even someone trying to kill me. I want to stop their attack, to negate the threat...and to cause no more harm in doing so than necessary. If non-lethal weapons improve to the point of being as effective in all (or at least most) plausible scenarios of self defense, I'll gladly adopt them. That's not the case, though.
Moreover, anyone I shoot in self defense has a very good chance of not being killed. Modern trauma medicine is amazing stuff, and only one in five persons deliberately shot (excluding, for obvious reasons, suicide) dies. He'll be badly hurt...and unless he suffers permanent disability, I can't say I care. Trying to prey on another human being should hurt.
tl;dr: none of my target practice is "practice killing."
MillennialDem
(2,367 posts)being except in self defense.
I realize most people who are shot survive. But it's still about trying to stop them by killing or maiming. Some may suffer non-permanent disability, but a lot will.
Yet you could... much more easily than me kill a person unlawfully on purpose or by accident. Your guns make the world less safe for me. So why should I risk hurt because of you?
Lizzie Poppet
(10,164 posts)Okay, I'll just drop the practice killing stuff, since you apparently don't want to actually defend your claim...no worries. It's not like either of us is likely to relent...this is the internet, after all. So let's address that last point:
You sure about that? My competition rifles come out of the (very good) gun safe when I'm headed out to practice or to a match. The chances of them ever posing a threat to any living thing are so remote that I have no problem whatsoever dismissing them. I don't worry about being hit by a meteor, either. The handguns are also never out of the safe unless they are on my person, or at least (in the house) within my reach, at night...I probably don't need a "home defense" pistol at all where I live now (not ground floor, locked, secure building in downtown Portland), but I already owned it, and it was a gift. It's no threat to anyone outside my house or possibly at the range if I commit some catastrophic gun safety error (damned unlikely, let me assure you).
Really the only firearm of mine an innocent person has even a minutely probable chance of being harmed by is my carry pistol....because it's actually regularly outside the gun safe, loaded, and on my person. But how high is that probability, really? While I suppose there's a chance I might shoot someone illegally, given that the worst thing on my record is a traffic citation, I passed a background check for my permit, and am a member of a group (CCW holders) with a lower rate of violent crime than average argues strongly against that. I've never had a negligent discharge (I hate the term "accidental discharge" - there's no such thing...it's negligence). So again, possible, but highly unlikely, particularly as I'm not a "gun flasher" who takes their weapon out in public unless I need to use it. And I think open carry is for idiots...
Okay, that still leaves me at a higher chance of killing a person, illegally or accidentally, since you have no guns...but let's look into other comparisons between us on that matter. How big and strong are you? I'm a 5'3", 112lb female. About the only people I'd be capable of illegally killing with my bare hands are children. And while it's occasionally tempting, I can't see that happening. What I'm not physically capable of is beating most any adult to death in a fight. How about you?
Do you drive a lot? I don't drive much at all (not a car commuter). Mostly just trips out of the city. If you drive more than I do, you have a greater chance of killing someone accidentally in that manner than I do, assuming similar driving skills (one accident in my life, other driver's fault...but I'm not any Lewis Hamilton).
Etc., if you see the point I'm trying to make. Neither of us is probably a significant threat to innocent life...certainly not to the point of worrying about it. That's true of an absolutely overwhelming majority of the 80-90 million gun owners in the US. If the overall statistical probability of harm from gun owners were anything other than very, very small, we really would have the "blood in the streets" scenario some of the more...strident...gun control advocates continually predict. If my guns - or those of those of all but a tiny fraction of one percent of all US gun owners - make the world less safe for you, it is by such an infinitesimally small amount that you'll have to excuse me if I dismiss anything more than a passing thought about it as silly.
It's that tiny fraction you (and I) have to worry about...and keeping those folk from owning guns is why I actually support a good bit of additional gun regulation.
MillennialDem
(2,367 posts)Whether you're more likely to kill an attacker or maim him or cause a temporary injury is really irrelevant. Guns have a very high probability of killing or maiming, compared to clubs and fists. They may even be higher than determined knife attacks.
Yes I'm sure about your rifles causing risk to others. Of course, it's very small, but it could happen and it serves no benefit to me, yet you put my life in the ever so slightest danger by having them. Your dismissive "fuck it if they hurt someone else, the chance is small" is very much a callous attitude.
Also, I wasn't just referring to YOUR guns, I was referring to the fact that YOU want guns and many gun owners refuse to even compromise. The fact that the country is awash in guns is what is driving up my risk of being shot and it's indirectly by gun owners that is driving up my risk.
And yes the chances are low, but there are a few people accidentally shot every year. It likely won't happen to me, but it will happen to someone. Do you have a callous attitude if they end up dead or paralyzed?
Yes I am a big, strong woman. Almost a foot taller than you and an avid weightlifter. So the hell what? Convince me why that means I should just accept a slightly higher risk of death because of all the guns in this country.
And even for you, if the country was disarmed, you would be safer. Yeah there would be the potential for you getting killed by someone beating you to death, but for every one of those scenarios there would be another 5 of you getting shot to death eliminated. I made the numbers up, but it's absolutely true. Guns make the country less safe and if you deny that, you're flat out wrong. Now you can have the argument that it's worth it, and if you do, I'll disagree but respect it.
As for traffic accidents, the people involved in those mostly chose to participate. I don't mean it's their fault if a drunk driver slams into them and kills them, but they can refuse to accept the risk and not drive. I can't refuse to accept the risk that gun owners present to me.
And of course I'm well aware that most are good people not looking to kill innocents. But the one idiot and the one crazy person in the bunch ruin the whole thing.
jeff47
(26,549 posts)Manufacturers are not liable for illegal use of their products. Be they knives or guns.
Attempting a back-door ban via SLAPP lawsuits is not going to work. We have to get pro-gun-control voters to the polls as much as NRA supporters. And we're utterly failing to do that.
MillennialDem
(2,367 posts)greater good.
jeff47
(26,549 posts)Which would heavily imply you believe law exists in this country.
Again, SLAPP lawsuits can not bring about your goal. The cases can not be won. The losses bring large legal expenses on victims. And there's no practical way to reach foreign manufacturers - Putin isn't gonna shut down Kalashnikov for us.
We have to bring about gun control by getting people to bother voting for it. Instead, the NRA fans are the only ones reliably voting. That failure can not be addressed by losing lawsuits.
MillennialDem
(2,367 posts)Press Virginia
(2,329 posts)jeff47
(26,549 posts)at least via this SLAPP lawsuit plan.
Again, we have to build a coalition that will reliably vote for gun control. We have failed to do that. If you want to talk about practical, that is where the practical work needs to be done.
MillennialDem
(2,367 posts)we will either get 1% of what we want or nothing. Haven't we learned this with all of Obama's surrenders to the GOP?
Bread and Circus
(9,454 posts)a variety of ways. One is as a threat or deterrence. Killing is another means as well.
Cars accidentally kill all the time. Car Accidents... it's kind of a thing.
Duckhunter935
(16,974 posts)They will not go through walls and hit bystanders.
starroute
(12,977 posts)She doesn't want to regulate gun ownership directly, but she hopes that if victims of gun crimes are allowed to sue, it will force the manufacturers to make guns that are safer.
She doesn't want to ban fracking, but she thinks that tightening up environment controls and forcing frackers to reveal the secret cocktail of ingredients they use would mean a lot less of it.
I don't know if she sincerely believes these policies could work or if she sees them as a way of setting up loopholes for corporations to exploit. But either way, there's a strange indirection in her thinking. You don't attack a problem head on but you try to make life more difficult for those who are creating it. And that strikes me as a very odd approach to governance.
Can anyone explain why she might be thinking that way?
JRLeft
(7,010 posts)LonePirate
(13,428 posts)A true progressive would be advocating for repealing the 2A instead of mocking this change in manufacturers liability issue.
JRLeft
(7,010 posts)LonePirate
(13,428 posts)JRLeft
(7,010 posts)hammered at the polls.
LonePirate
(13,428 posts)That sounds like a certain politician we all know!
JRLeft
(7,010 posts)the elite of the elite.
hollowdweller
(4,229 posts)Banning guns has only been a progressive issue as long as we have been LOSING the working class vote and Unions have been less and less influential.
Go back and look at labor history. Read about the Baldwin Felts agency and about Blair Mt and Ludlow.
If you think the middle class would be here if the labor movement had not been armed then I believe you are mistaken.
jonno99
(2,620 posts)to hold weapons, but that the general populace remains un-armed?
IOW - the police, whom we don't trust to fully respect our civil rights - these same police are the only ones to be trusted to arm themselves against US - is that your position?
JRLeft
(7,010 posts)Last edited Tue Mar 8, 2016, 10:56 AM - Edit history (1)
But going after law enforcement is a bad idea. The goal is to fire the bad apples and hire good people.
Mnpaul
(3,655 posts)This liberal isn't too fond of that authoritarian position. Let's deal with the real problem instead of attempting to treat the symtoms.
JRLeft
(7,010 posts)Mnpaul
(3,655 posts)the law they wanted is ridiculous. The gun manufacturers aren't the problem. I don't own a gun, don't hunt but don't mind occasional target practice.
JRLeft
(7,010 posts)Mnpaul
(3,655 posts)and know suing the manufacturers is not the solution. The prsent system works fairly well in our state due to timely reporting of offenses. More states need to do this. Gun shows need to stop being an end run around the law. Same for gun dealers who dodge the licensing requirements by claiming to be a gun collector. People need more training on how to safely own, maintain, store and use guns.
JRLeft
(7,010 posts)Bread and Circus
(9,454 posts)I think to be progressives tend to be a bit more protective of individual liberties ensconced in the Constitution, i.e. the Second Amendment.
I think the Democratic stance is much more restrictive on this and would like to see more gun control as the expense of individual liberty.
Not saying one is right and the other is wrong. I just think it's a bit more complicated.
kcr
(15,318 posts)JRLeft
(7,010 posts)kcr
(15,318 posts)JRLeft
(7,010 posts)kcr
(15,318 posts)where I stand on them.
JRLeft
(7,010 posts)kcr
(15,318 posts)I don't see guns as any different than any other product and their manufacturer as any different than any other, and they should be subject to laws and regulations just the same. I'm not so much anti-gun as I'm just pretty consistent in my views when it comes to corporations vs consumers and my views regarding government, corporations, etc.
JRLeft
(7,010 posts)Bread and Circus
(9,454 posts)kcr
(15,318 posts)Would it be located in the rural areas where people aren't gun shy? Or places where that might not be the case?
So, no on the bias then? I kind of thought I had a point. Oh, well.
Marengo
(3,477 posts)In what universe is that logical?
Kalidurga
(14,177 posts)Many progressives if they don't currently live in a rural area have lived in a rural area so they aren't gun shy. I saw more guns growing up in a tiny town than I have in the whole time I have been in the city. I do find your avatar amusing though.
LonePirate
(13,428 posts)I guess that would make me more progressive than him given the purity tests many Bernie supporters use as a reason not to support HRC in the GE.
Kalidurga
(14,177 posts)Your avatar plus your words suggest some kind of problem with an ability to communicate.
LonePirate
(13,428 posts)What other conclusion could be drawn given my original amusement of progressives supporting large gun manufacturers and corporations?
Kalidurga
(14,177 posts)I am not buying what you are trying to sell. Is that clear enough?
LonePirate
(13,428 posts)Kalidurga
(14,177 posts)reading of your posts as holistic as I can be on the internet that is. But, carry on and pretend that other people don't get where you are coming from.
kcr
(15,318 posts)to be immune from consumer lawsuits, either. Boggles the mind. See, there's this thing that happens when a lawsuit has no merit. It gets thrown out. It's magical. Why should gun manufacturers, large corporations that they are, be protected and consumers have no recourse in the law? Why are supposed progressives buying a very right wing talking point? I would especially think progressives with Bernie avatars would be especially beholden to consumers' rights, and not to corporations. I'm puzzled.
LonePirate
(13,428 posts)jeff47
(26,549 posts)Gun manufacturers aren't liable for people using their products to commit a crime. Just like any other company.
They can only sell the guns to federal firearms dealers, so they didn't even sell the gun to a "bad" person.
The plan was to file a bunch of SLAPP lawsuits, in the hope that every gun manufacturer on the planet would give up. There was no plan to actually pay for these lawsuits, so gun victims would get the opportunity to experience financial ruin on top of their previous hardships. There was also no plan to deal with foreign gun manufacturers - we gonna get Putin to enforce a US ruling on Kalashnikov?
This is a shitty plan that hurts victims in order to let people pretend something is being done. We need to get people to actually vote for gun control as much as NRA supporters vote against it. And we're utterly failing to do that.
kcr
(15,318 posts)Gun manufacturers are indeed just like any other company when it comes to legal culpability, whatever you think of the strategy of those lawsuits. Turning tail and supporting right wing anti-consumer protectionism certainly isn't going to help anyone.
jeff47
(26,549 posts)The law does not shield gun manufacturers from things they are actually liable for. For example, defects. The law also does not shield dealers from lawsuits based on selling guns to various prohibited people.
Again, we do not have gun control because only NRA fans reliably vote on the issue. Every single election they will turn out and vote against it. There is nothing comparable on the pro-gun-control side. We have to build that in order to get anywhere.
And complaining about lawsuits that can not be won anyway does not build that.
kcr
(15,318 posts)Oh, that's right. That's supposed to happen in the court of law. That's why I loath this law. I, as a consumer, do not need to be "protected" by being told I'm not allowed to sue a corporation by being told that decision of who is liable was already decided for me.
JRLeft
(7,010 posts)kcr
(15,318 posts)It's not for you to decide. Or rather, it's not for anyone to decide to make phone companies immune from lawsuits. If the lawsuit has no merit, it will either be thrown out, or the phone company will win. That's how it works.
JRLeft
(7,010 posts)kcr
(15,318 posts)Right wingers will just have to fucking get over the fact that people have a right to fucking sue in this fucking country. Some people for what ever fucking reason buy the right wing meme that they shouldn't be able to fucking do that because corporations sure would love that. But that's our legal system. Oh fucking well.
So your contention is that anyone should be able to sue anyone at any time for any reason, frivolous or not? Are you equally as willing to require the plaintiff to cover all legal fees if the suit is found to be frivolous?
If you go back and research the original intent of the bill and the way it is written, it allows suing the manufacturers if their products justify such suits by being negligently sold, defective, etc. The only thing it shields them from is the constant barrage of frivolous lawsuits which were being filed at the time - defending against such suits costs a lot of money. Suits equivalent to trying to sue EVERY manufacturer of a V8 automobile because a hit-and-run victim heard the noise of a V8 exhaust rumble on the vehicle which hit them? Again, when a city sues a manufacturer of a legally made, legally sold (but perhaps years-later stolen) gun which the manufacturer had no subsequent control over - said gun later used in a drug deal gone bad, for instance - if the city files suit against the manufacturer for millions and loses - you willing to pay the tax increases? I suspect like most you would whine about the costs.
hack89
(39,171 posts)LonePirate
(13,428 posts)Repealing the 2A would be a wonderful and progressive 28th Amendment.
hack89
(39,171 posts)you know that section that says the 2A protects an individual right to keep and bear arms. If you can't pull that off, repealing the 2A is a true pipe dream.
JRLeft
(7,010 posts)TeddyR
(2,493 posts)Amendments aren't progressive? All written by the same folks.
JRLeft
(7,010 posts)Marengo
(3,477 posts)NCTraveler
(30,481 posts)Logical
(22,457 posts)ecstatic
(32,726 posts)violence in this country." Here's her rationale, according to her site:
Hillary Clinton (and then-Senator Obama) stood up to the gun lobby and voted against shielding firearms manufacturers and dealers from legal liability.
Bernie Sanders voted with the gun lobby. In fact, he did it twice: once in 2005, and once in 2003.
Senator Sanderss votes to give the gun lobby legal immunity are even more puzzling when you consider this: He voted to reject that same immunity for fast-food restaurants and five other industries.
Sanders has such rage and fury when discussing Boeing, the big 3 U.S.automakers, Wall Street, etc. His attitude is fuck 'em! Let them fail! Why is he so soft on gun manufacturers? This is hypocrisy at it's worst when you consider the lives at stake!
Travis_0004
(5,417 posts)Its similar to cars. If the airbag is defective sue them. If sobody drives a car 90 mph and kills somebody, you cant sue Ford.
Stand and Fight
(7,480 posts)Mufaddal
(1,021 posts)How does that fare for Hillary, having made major weapons deals with client states who then go on to use said weapons to massacre civilians? (Yemen is a good example.)
Clearly Hillary needs to be held accountable for those deaths. By her own logic.
panader0
(25,816 posts)The outright hypocrisy of HRC about guns is astounding considering she brokered huge weapons deals with foreign countries.
JRLeft
(7,010 posts)timlot
(456 posts)There are finger print technology out there that would prevent a gun from operating in the wrong hands that the industry refuses to adopt.
If we knew seat belts and air bags saved live, but the automobile industry refused to adopt them there would be an issue.
hack89
(39,171 posts)It is because state laws like NJ that mandated their use once on the market and would effectively banned non-smart guns.
Do away with the mandates and gun owners will support smart guns.
mythology
(9,527 posts)Says you're wrong.
The fact that the gun manufacturers have no concern about selling guns to gun stores that repeatedly don't properly screen out straw purchaers?
noamnety
(20,234 posts)"If we knew seat belts and air bags saved live, but the automobile industry refused to adopt them there would be an issue."
And the person responsible for confronting that head on and getting the law changed is routinely demonized here by Hillary supporters.
Duckhunter935
(16,974 posts)Does your fingerprint reader work 100 on your phone? What about dirty sweaty hands, gloves?
krispos42
(49,445 posts)There still isn't, really. No LE agency had bought and issued them.
It's not considered trustworthy in that it will unlock the mechanism and fire the gun when the shooter needs it to.
If you have a phone with a fingerprint scanner, think about how often it fails to read your fingerprint under ideal conditions.... No stress, good lighting, both hands available, fingers clean and dry.
*shrug*
They have gun safes with this technology, and that's probably as far as it will go.
Transponder-based systems work better but would have other issues. A snatched gun could be used against you (It's still in transponder range), the transponder and gun could be stolen and thus used criminally, and you have to wear the transponder for the gun to work.
YCHDT
(962 posts)krispos42
(49,445 posts)Sorry.
hack89
(39,171 posts)there is nothing simple about smart gun technology and it is highly likely it will significantly impact gun reliability.
katsy
(4,246 posts)but plays to a rightly concerned segment of the population. I don't fault them. Hillary knows better. She's an attorney.
wildeyed
(11,243 posts)FACT CHECK: Are Gun-Makers 'Totally Free Of Liability For Their Behavior'?
Answer: It's complicated.
http://www.npr.org/sections/itsallpolitics/2015/10/06/446348616/fact-check-are-gun-makers-totally-free-of-liability-for-their-behavior
Says, more or less, that gun manufacturers who sell to disreputable dealers should be penalized. I got no problem with that, do you?
To see what she's getting at, you have to back up 10 years. Clinton is talking about a 2005 law called the Protection of Lawful Commerce in Arms Act, or PLCAA a law she wants to repeal as part of her gun control proposals.
Lawmakers passed that law in response to a spate of lawsuits that cities filed against the gun industry in the late 1990s and early 2000s. Those lawsuits often claimed gun-makers or sellers were engaging in "negligent marketing" or creating a "public nuisance."
In 2000, for example, New York City joined 30 counties and cities in suing gun manufacturers, saying manufacturers should have been making their products safer and also better tracking where their products were sold. Manufacturers, one argument at the time went, should stop supplying stores that sell a lot of guns that end up being used in crimes.
In response to these lawsuits, the NRA pushed for the law, which passed in 2005 with support from both Republicans and Democrats. Then-Sen. Clinton voted against it; her current Democratic opponent, Bernie Sanders, voted for it.
So if Chevy was knowingly selling a bunch of vehicles to a dealer who sold them to people who used them to commit crimes that put the rest of society at risk, we should make them stop doing that, right?
Jarqui
(10,128 posts)Chevy and ran over his wife until she was dead, could the wife's family sue the car company?
One can sue darn near anyone else but would they win against the car company in this case? No.
Tort law goes back to English case law where to keep it brief and simple: a guy had a pet tiger. The tiger got loose and hurt some people. The tiger's owner was held responsible because he was supposed to keep the tiger in it's cage.
When the people in Flint sue, they'll try to nail those who were supposed to keep the tiger (in this case, lead) in it's cage - out of the bellies of the kids.
If the tiger's owner legally bought the tiger from a breeder of tigers, it's pretty tough to hang the mishap of the tiger getting loose on the breeder. Responsibility for the tiger passed to the owner when he purchased the tiger.
And so I think that is how it's likely to go with many of these gun lawsuits.
If the gun is defective - ie the safety doesn't work or the barrel periodically blows up due to some defect - like the gas tank in the Pinto or some car safety defect, then one can go after the manufacturer - because you can hang the responsibility for cause on them. But some of this other stuff, mental cases mass killing, it's gets pretty tough to pin those on the gun company if the guns are legal.
I'm sure there might be be the odd exception to that - like how the manufacturer advertised the weapon might have been over the top or stuff like that. But the vast majority of cases are not likely to find liability with the gun manufacturer. But the rule of the liability lawyers is to sue everyone who might be remotely liable. So gun manufacturers would be run out of business defending every lawsuit involving a gun.
I'm all for gun control and for psych tests/links to psychiatrists, etc, etc, etc. I'm even for registration. But I do see where Bernie is coming from on this particular issue - much as I'd kind of like to see some the gun manufacturers suffer because of the NRA.
WDIM
(1,662 posts)smart bomb manufacturers. Do you think Hillary chickenhawk Clinton would agree to that? Considering she is beholden to the war profiteers I doubt it... She cannot be taken seriously on gun control when she approves weapon shipments to murderers as SOS.
But the Gun Manufacturers love her. Clinton for President means $billions keeps rolling in...
Jim Lane
(11,175 posts)As this article reports:
The cluster bomb is one of the most hated and heinous weapons in modern war, and its primary victims are children.
Senator Obama voted for the amendment to ban cluster bombs. Senator Clinton, however, voted with the Republicans to kill the humanitarian bill, an amendment in accord with the Geneva Conventions, which already prohibit the use of indiscriminate weapons in populated areas.
If we're tracing the chain of culpability all the way back, let's not stop with the manufacturers.
WDIM
(1,662 posts)Greed and power corrupt and she is absolutely.
JRLeft
(7,010 posts)DrDan
(20,411 posts)RichVRichV
(885 posts)However it had nothing to do with selling a legal product. They were sued for hiding the harmful effects for decades. It would be akin to gun manufactures saying loaded guns are completely safe, even in the hands of toddlers. Of course they would be liable in that case (including under current law)..
Now that the negative effects are known they're basically immune from suits by new users and the cost of treating chronic smokers is built into the price of cigarettes.
Just expanding on your answer.
silenttigersong
(957 posts)Can you imagine the scam lawyers lining up.
marew
(1,588 posts)Only after the debate was over was it clarified that 2/3 of those 92 deaths were suicides.
I have known people, sadly, who have committed suicide by pills. So Hillary stretched the truth insinuating they were all murdered by others using guns. According to Hillary, let's sue pharmaceutical companies too!
jonno99
(2,620 posts)marew
(1,588 posts)Let's sue every manufacturer that makes anything that can be used to kill someone! Knives, hammers, etc.
I do not have a gun by the way but this is nonsense!
Hoyt
(54,770 posts)organizations like the the NRA and appoint right wing racists as the majority of the Board, manufacturers appear with murders like George Zimmerman (and likely contributed to his defense fund), manufacturers support gun ranges that pander to gun yahoos who like to practice urban warfare and being a sniper, manufacturers produce gunz that appeal to repressed yahoo's baser instincts, bribe Congresspeople, intimidate Congresspeople (Grove Norquist NRA board member and lobbyist), etc.
Plenty of reason to go after gun manufacturers for their products, advertising, promoting gun culture, major contributor to NRA's right wing racist lobbying, and worse.
JRLeft
(7,010 posts)Hoyt
(54,770 posts)jonno99
(2,620 posts)Oh - you mean it's just some of the hip-hop (or whatever) that is "bad".
Hmmm...kinda like gun owners.
How about this: let's try to not generalize - it makes for a much nicer DU.
JRLeft
(7,010 posts)own guns. It's much easier to assume the worst about gun owners, when you hate guns.
TeddyR
(2,493 posts)Where Zimmerman was convicted of murder?
Response to JRLeft (Original post)
cyberpj This message was self-deleted by its author.
itsrobert
(14,157 posts)If a lawsuit has no merit, why the need for a special law?
Duckhunter935
(16,974 posts)They are designed to bankrupt and not win the caes. Bankrupt the company by defending the lawsuits. that is what some groups and cities were doing. Other manufacturers and abortion providers need the same protection.
kcr
(15,318 posts)Corporations turning around and claiming a tool they use against consumers is being used against them. Oh, they're such victims! Tell me. Which right wing think tank came up with that one?
BainsBane
(53,041 posts)above all others. That is what you are arguing. That is not corporate accountability. It puts profits before the rights and lives of American citizens.
Courts are perfectly equipped to judge whether law suits have a basis or not. The NRA law you are defending exempts that CORPORATE INDUSTRY that profits from the deaths of 33,000 Americans a year does not even face the possibility of a legitimate law suit because congress determined its profits come first.
That is not corporate accountability. It is corporate favoritism for the merchants of death. This is one major example of how Bernie has pushed "progressives" to the right. You are defending a law that puts profits first and citizens rights and lives last.
If you bothered to read how that law has actually been used, you would see that the NRA version that Bernie recounted in the debate is false. It has been applied far more widely.
Bernie and co. go on constantly about Wall Street, but make excuses for an industry that profits from murder. Killing is not a positive good. It is wrong, and protecting gun corporations over human lives is immoral.
You keep on worrying about corporate profits. It exposes precisely how empty Bernie's rhetoric about corporate accountability is.
Duckhunter935
(16,974 posts)Liable in a suicide?
JRLeft
(7,010 posts)be sued?
JRLeft
(7,010 posts)kcr
(15,318 posts)It's true! Oh, I bet you're just hopping mad, now!
Oh, and she won!
Duckhunter935
(16,974 posts)Farmer? That would be apples to apples. A very large fail.
kcr
(15,318 posts)I don't think so in this instance. But thanks.
Duckhunter935
(16,974 posts)She did not sue the coffee manufacturer, she sued the party that directly sold her the very hot coffee.
kcr
(15,318 posts)Kay? Thanks, goodbye.
JRLeft
(7,010 posts)kcr
(15,318 posts)if we can already successfully sue because we were burnt by hot coffee. Is all I'm saying.
JRLeft
(7,010 posts)kcr
(15,318 posts)JRLeft
(7,010 posts)MattP
(3,304 posts)She died shortly after and that coffee burn changed the whole industry and was no joke watch hot coffee, consumer protection is important
JRLeft
(7,010 posts)MattP
(3,304 posts)MattP
(3,304 posts)JRLeft
(7,010 posts)It was no joke. She was very badly burned and a lot of people don't know that. McDonalds was actually negligent in that case. I was actually continuing a conversation from further upthread about the notion of frivolous lawsuits and was tweeking the person I was responding to a little bit. For a while, that case was a pet cause for people who think there are too many frivolous lawsuits, but as you say, it's because it's so widely misunderstood.
People should watch that documentary though. I'll go see if I can find a link.
Edit, here it is http://www.hotcoffeethemovie.com/Default.asp And yes, the burns are very hard to look at. Just awful.
YCHDT
(962 posts)Shadowflash
(1,536 posts)The only time, really, that a manufacturer gets sued is when the product is defective.
Killing is what this product is made for and most seem to be working just fine for the mass murderers.
JRLeft
(7,010 posts)Ken Burch
(50,254 posts)The victims are still dead.
JRLeft
(7,010 posts)I agree with you.
MattP
(3,304 posts)JRLeft
(7,010 posts)Blue_In_AK
(46,436 posts)Anyone who's ever spent any time at all around the law knows you can't sue a manufacturer for liability if the product functions as it was intended - i.e., if it works. Gun manufacturers have no control over what people do with their product. I would agree that if a particular gun seller can be proven to have known that a prospective purchaser is a felon, for instance, or has a record of domestic abuse, there might possibly be an action against that seller, but manufacturers absolutely not unless the weapon has a defect that causes it to malfunction.
moondust
(20,002 posts)into making guns safer.
Did she try using a direct approach to that by proposing legislation requiring fingerprint technology, RFID wrist band technology, etc.? Of course not.
basselope
(2,565 posts)This isn't one of those deal breakers, b/c there isn't a SINGLE person who would sign onto this approach.
There are SOME industries in this country where we apply a strict product liability on the manufacturer. After the Oklahoma City bombings, certain chemicals were added to a strict liability chain and IF they end up in the hands of someone who misuses them, the company is automatically liable.. even if they aren't responsible for how the chemical ended up in the wrong hands. Why did we do this? Because some things are just THAT DANGEROUS that we take the extra step of assigning liability to the manufacturer AND distributors to do EVERYTHING in their power to MAKE SURE those items don't end up in the wrong hands.
I believe the easiest way to solve the gun crisis in America is to apply this same standard to guns.
Guns have 1 purpose. To cause death or great bodily injury. Whether you are killing someone you are mad at, protecting yourself from an intruder or looking for dinner, the purpose of the gun is to cause death or great bodily injury. Knives are different. Cars are different. Bats are different. All of those are made for completely different purposes but CAN be used to kill or cause great bodily injury, but that isn't their purpose.. that is a misuse of the item. Not a gun.
You want to solve the gun crisis in one move. Do the same thing we do with dangerous chemicals and make the manufacturers and dealers strictly liable for the result of their products. I think Bernie is wrong. It won't mean the end of gun manufacturing in America.. it would drive up the COST of guns, because suddenly they would have TONS of safety features.. such as fingerprint locks (with unbreakable algorithms like Iphones) and background checks would be EXTENSIVE because no one would be selling a gun unless they were damn sure the person they were selling to was stable and able to control the weapon.
However, with that all said... it ain't gonna happen and I would much RATHER have Bernie Sanders and his views on guns than Hillary Clinton and her views on war!
Response to JRLeft (Original post)
Freelancer This message was self-deleted by its author.
Response to Freelancer (Reply #201)
Duckhunter935 This message was self-deleted by its author.
Recursion
(56,582 posts)who were mass producing small, cheap handguns and flooding gun stores near cities with them knowing that their illegal resale value would drive up their first sale value (Commerce had the memos from the gunmakers about this).
I don't think lawsuits from a mass shooting or whatever would ever get anywhere, but "pattern of behavior" suits like that can be a good idea.
The center of O'Malley's gun control plan was to tie Federal procurement money (which is where most gunmakers make most of their money) to responsible production and marketing practices; I hope the eventual nominee picks that idea up.
Agnosticsherbet
(11,619 posts)We would still be told cigarettes are good for you, and they would be much more profitable.
Why should people care she six year old get their brains blown out. Gun manufacturersprofits must be protected at all costs.
JRLeft
(7,010 posts)Agnosticsherbet
(11,619 posts)But who cares if a six year old gets his brains platter on a wall as long as gun corporations can make good profit.
I say to hell with that.
JRLeft
(7,010 posts)It's funny you guys cry about mass shootings when there are people killed with illegal guns everyday. Mass shootings are bad but what about daily shootings?
Agnosticsherbet
(11,619 posts)How do laws against speeding keep people from driving too fast. They don't.
Do we take all laws off the books because people don't follow them.
Your argument is without any logic or merit.
JRLeft
(7,010 posts)was shot in the the head with illegal an illegal gun. How would the strict gun laws you want, please tell me how it would have prevented Dominic's death?
Agnosticsherbet
(11,619 posts)Cease using slippery slope arguments, they are a logical fallacy.
Being able to take a gun corporation to court is not outlawing guns.
That law written and passed by Republicans, was designed to save them a ton of money that, otherwise, they would use to pay lawyers.
It was Corporate Welfare, and this country should not be in the business of Corporate Welfare, whether it be Gun Corporations, Big Oil, Banks, or any other Corporation.
JRLeft
(7,010 posts)Agnosticsherbet
(11,619 posts)Instead of providing welfare to gun corporations.
That is what the courts are there for.
beedle
(1,235 posts)I'm all for going after the 2nd and reforming the constitution to allow strong gun control laws.
That said, given that the 2nd does exist and is strongly supported in America, Bernie's stance is perfectly pragmatic.
I don't see how anyone who supports Clinton,and praises her for her pragmatic approach to only fighting for what is realistically acheivable, could possibly have an issue with Bernie's stance!
JRLeft
(7,010 posts)beedle
(1,235 posts)the flow of illegal guns in Canada, Australia, UK, Western Europe, Japan, Korea, etc.
The 2nd amendment as written is obsolete. "Arms" are no longer needed for the "security of a free State"; Not unless by 'arms' you mean arming yourself with knowledge and a means for a transparent government, which in that case would make the free flow of information and the Internet the real 'arms' of the 21st century.
250 years ago guns may have been the only way to ensure a free state ... just like leaches where the only way to fight illness.
JRLeft
(7,010 posts)beedle
(1,235 posts)n/t
dana_b
(11,546 posts)just about 100%. It's one of the issues that I've not been excited about Bernie's views on BUT I don't think that I agree with anyone all of the time.
I would love it if the 2nd Amendment was reformed but I don't see that happening in my lifetime.
AgingAmerican
(12,958 posts)And this is the most ridiculous one.
raouldukelives
(5,178 posts)I do think it would set an interesting precedent allowing targeting of the fossil fuel industry for knowing they had a defective product but denying the problem and continuing to profit. Or the pharmaceutical industry, pesticides and factory farms.
The pessimist in me says it would be scripted in a way to disallow any other applications. The optimist says I would gladly give away the right for a firearm if I got the chance to actually try to preserve a habitable planet for the next generation of people and animals.
alarimer
(16,245 posts)They are about the fact that gun manufacturers and sellers knowingly sell massive amounts of guns in states with lax gun laws, knowing they will be trafficked illegally into states with stricter gun laws. I think those are legitimate lawsuits, if it can be proved. To me the gun manufacturers are like cigarette makers. There needs to be a pile of money set aside from them to cover the cost of the violence. Cities and state pay for the health care of the indigent who are shot. Someone needs to pay for that. it shouldn't be the taxpayer.
JRLeft
(7,010 posts)DemocratSinceBirth
(99,710 posts)If a person makes a non-colorable claim it will be tossed out on a summary judgment. The gun manufacturers want immunity from a claimant even having a right to be heard.