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bigtree

(85,996 posts)
Sat Mar 19, 2016, 09:11 AM Mar 2016

'Sanders is wrong about the lawsuit we filed after our son’s murder in Newtown'

by Mark Barden and Jackie Barden


Our son, our sweet little Daniel, was just 7 when he was murdered in his first-grade classroom at Sandy Hook Elementary School on Dec. 14, 2012. We are among the 10 families suing the manufacturer, distributor and retail seller of the assault rifle that took 26 lives in less than five minutes on that terrible day.

We write in response to Sen. Bernie Sanders’s comments about our lawsuit at the recent Democratic presidential debate in Michigan. Sanders suggested that the “point” of our case is to hold Remington Arms Co. liable simply because one of its guns was used to commit mass murder. With all due respect, this is simplistic and wrong.

This case is about a particular weapon, Remington’s Bushmaster AR-15, and its sale to a particular market: civilians. It is not about handguns or hunting rifles, and the success of our lawsuit would not mean the end of firearm manufacturing in this country, as Sanders warned. This case is about the AR-15 because the AR-15 is not an ordinary weapon; it was designed and manufactured for the military to increase casualties in combat. The AR-15 is to guns what a tank is to cars: uniquely deadly and suitable for specialized use only.

We have never suggested that Remington should be held liable simply for manufacturing the AR-15. In fact, we believe that Remington and other manufacturers’ production of the AR-15 is essential for our armed forces and law enforcement. But Remington is responsible for its calculated choice to sell that same weapon to the public, and for emphasizing the military and assaultive capacities of the weapon in its marketing to civilians.

Indeed, Remington promotes the AR-15’s capacity to inflict mass casualities. It markets its AR-15s with images of soldiers and SWAT teams; it dubs various models the “patrolman” and the “adaptive combat rifle” and declares that they are “as mission-adaptable as you are”; it encourages the notion that the AR-15 is a weapon that bestows power and glory upon those who wield it. Advertising copy for Remington’s AR-15s has included the following: “Consider your man card reissued,” and “Forces of opposition, bow down. You are single-handedly outnumbered.”

Of course, causing forces of opposition to bow down is exactly what the AR-15 was engineered to do — in combat. But history has shown us, time and again, that it is innocent civilians in malls and movie theaters, and children in their classrooms, who have been made to bow down to the singular power of a gunman wielding an AR-15.

This is not a theoretical dispute. The last thing our sweet little Daniel would have seen in his short, beautiful life was the long barrel of a ferocious rifle designed to kill the enemy in war. The last thing Daniel’s tender little body would have felt were bullets expelled from that AR-15 traveling at greater than 3,000 feet per second — a speed designed to pierce body armor in the war zones of Fallujah.

Sanders has spent decades tirelessly advocating for greater corporate responsibility, which is why we cannot fathom his support of companies that recklessly market and profit from the sale of combat weapons to civilians and then shrug their shoulders when the next tragedy occurs, leaving ordinary families and communities to pick up the pieces.

Remington and the other defendants’ choices allowed an elementary school to be transformed into a battlefield. Our case seeks nothing more than fair accountability for those choices.


read: https://www.washingtonpost.com/opinions/sanders-is-wrong-about-the-lawsuit-we-filed-after-our-son-was-murdered-in-newtown/2016/03/18/d5892e2a-ebbb-11e5-b0fd-073d5930a7b7_story.html?hpid=hp_no-name_opinion-card-f%3Ahomepage%2Fstory

Mark and Jackie Barden are plaintiffs in the case Soto et. al v. Bushmaster.

105 replies = new reply since forum marked as read
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'Sanders is wrong about the lawsuit we filed after our son’s murder in Newtown' (Original Post) bigtree Mar 2016 OP
Sanders has been wrong on guns many times in his decades in the establishment.nt LexVegas Mar 2016 #1
Many, many times workinclasszero Mar 2016 #37
No actually he hasn't but why let facts get in the way? beam me up scottie Mar 2016 #74
I am glad they spoke up. Must still be so painful for them. riversedge Mar 2016 #2
No military in the world uses Duckhunter935 Mar 2016 #3
That's pretty disingenuous. yallerdawg Mar 2016 #5
I do not duck hunt Duckhunter935 Mar 2016 #7
modified into the M-16 bigtree Mar 2016 #11
Not easily Duckhunter935 Mar 2016 #13
I was agreeing with you bigtree Mar 2016 #17
I use mine for sporting purposes Duckhunter935 Mar 2016 #19
I'd favor target shooting bigtree Mar 2016 #20
Of course personal protection Duckhunter935 Mar 2016 #22
that one doesn't register with me bigtree Mar 2016 #25
Hunting is very well what is in its design Duckhunter935 Mar 2016 #27
you don't need the AR-15 to hunt bigtree Mar 2016 #33
I do not need many things Duckhunter935 Mar 2016 #40
rights aren't absolute bigtree Mar 2016 #45
You would have to ban all semi-automatic rifles Duckhunter935 Mar 2016 #52
I'd start with this gun of choice for the recent mass killings bigtree Mar 2016 #60
The AR 15 is not Duckhunter935 Mar 2016 #62
The AR-15 was designed for military and police use bigtree Mar 2016 #66
That would be the M16 Duckhunter935 Mar 2016 #67
this is the AR-15 rifle which is the subject of debate bigtree Mar 2016 #68
do you know what the difference is? Duckhunter935 Mar 2016 #70
They fear the scary looking rifle because it looks scary Press Virginia Mar 2016 #79
They look the same, function differently Press Virginia Mar 2016 #83
okay. bigtree Mar 2016 #87
See how stupid cosmetic Duckhunter935 Mar 2016 #90
I am not a fan of guns, but I would think Bernie's Jackie Wilson Said Mar 2016 #47
Following your reasoning on this... Koinos Mar 2016 #84
Well Hillary will evolve Duckhunter935 Mar 2016 #91
Just curious. thucythucy Mar 2016 #12
Yep Duckhunter935 Mar 2016 #14
The truth is what? yallerdawg Mar 2016 #16
The rifle was not an M16 or modified Duckhunter935 Mar 2016 #18
You can buy an AR in a multitude of calibers hack89 Mar 2016 #28
The Clinton-signed Assault Weapons Ban covered AR-15 until the ban expired. yallerdawg Mar 2016 #4
The weapon used was assault weapons ban compliant Duckhunter935 Mar 2016 #6
If we ban the sale of AR-15's (AR-style) - yallerdawg Mar 2016 #9
There were no "modifications" TeddyR Mar 2016 #31
Correct Duckhunter935 Mar 2016 #41
Bernie always supported a ban on assault weapons. beam me up scottie Mar 2016 #75
This letter is in response to what Sanders just said, not his record yallerdawg Mar 2016 #78
Implying that Bernie wants these weapons sold to civilians is dishonest. beam me up scottie Mar 2016 #80
Bernie said he would look again at the gun manufacturing liabiity law. yallerdawg Mar 2016 #92
That is what SLAPP lawsuits intend to do, bankrupt gun manufacturers. beam me up scottie Mar 2016 #93
This is about the legality of selling a weapon used repeatedly for mass kilings. yallerdawg Mar 2016 #95
You cannot and should not be able to sue a manufacturer for producing and selling legal products. beam me up scottie Mar 2016 #96
You went down the rabbit hole! yallerdawg Mar 2016 #98
If the product is defective then the manufacturer can already be sued. beam me up scottie Mar 2016 #100
Litigation is the tool used to determine if a product is defective TeddyR Mar 2016 #101
Thanks BMUS! mountain grammy Mar 2016 #81
This is the third time they posted this article. beam me up scottie Mar 2016 #82
And I appreciate you! mountain grammy Mar 2016 #89
Kick LAS14 Mar 2016 #8
No way gun company's shoiuld be sued just because you don't like guns. Idiotic. If the gun.... Logical Mar 2016 #10
Yes they are Duckhunter935 Mar 2016 #15
it's kooky... tk2kewl Mar 2016 #38
What type of gun? Duckhunter935 Mar 2016 #42
ar15 tk2kewl Mar 2016 #50
The one that functions Duckhunter935 Mar 2016 #51
sure... outlaw all assault rifles tk2kewl Mar 2016 #53
What about Duckhunter935 Mar 2016 #56
What we are talking about: yallerdawg Mar 2016 #21
Yep, a civilian semi-automatic rifle Duckhunter935 Mar 2016 #23
Expanding the customer base is the nature of business. yallerdawg Mar 2016 #24
Like any other Duckhunter935 Mar 2016 #26
Sort a like opioids and cigarettes. yallerdawg Mar 2016 #30
manufacturers can and are sued Duckhunter935 Mar 2016 #32
So mass killings including children... yallerdawg Mar 2016 #34
Point to that promotion of this product Duckhunter935 Mar 2016 #39
From Remington: yallerdawg Mar 2016 #49
They are advertising a great hunting rifle line Duckhunter935 Mar 2016 #54
Fail? yallerdawg Mar 2016 #59
Because the military and police need Duckhunter935 Mar 2016 #61
Somehow the AR-15 finds its way back to mass killing! yallerdawg Mar 2016 #69
Handguns are used much more often Duckhunter935 Mar 2016 #73
Sandy Hook? AR-15? yallerdawg Mar 2016 #76
Ok Duckhunter935 Mar 2016 #77
Then work to pass a law to make it illegal TeddyR Mar 2016 #43
Put a liberal on the SC and lots of stuff might change in this arena. Jackie Wilson Said Mar 2016 #48
What would change? TeddyR Mar 2016 #72
Which is why we change Federal law. yallerdawg Mar 2016 #86
And what federal law would you propose changing? TeddyR Mar 2016 #102
K&R mcar Mar 2016 #29
I'm glad they spoke out. book_worm Mar 2016 #35
Such a painful letter to read. Lucinda Mar 2016 #36
Huge K&R! hrmjustin Mar 2016 #44
K&R ismnotwasm Mar 2016 #46
Sorry, NO. Should Ford be sued when a drunk driver kills someone? Or Miller Brewing Co.? AzDar Mar 2016 #55
None of those products were designed to kill people... yallerdawg Mar 2016 #64
The auto industry does not have immunity. Thinkingabout Mar 2016 #85
While I sympathize immensely with these people, Vinca Mar 2016 #57
Why immunity from liability for only this one industry? Why not let it be litigated? swag Mar 2016 #58
They are not immune from liability if one of their products is defective and causes harm. Vinca Mar 2016 #63
What if the way they market their guns and to whom is "defective"? Koinos Mar 2016 #88
That's a stretch. Vinca Mar 2016 #94
The only person that can purchase Duckhunter935 Mar 2016 #97
It's is called SLAAP Duckhunter935 Mar 2016 #65
Sanders said he would look at this law again. yallerdawg Mar 2016 #71
Simplistic and wrong. That is Sanders campaign, it a nutshell lunamagica Mar 2016 #99
Kick LAS14 Mar 2016 #103
This is one of the reasons so many of my friends and family support Hillary Clinton... Walk away Mar 2016 #104
KnR Hekate Mar 2016 #105

beam me up scottie

(57,349 posts)
74. No actually he hasn't but why let facts get in the way?
Sat Mar 19, 2016, 01:47 PM
Mar 2016
Sanders voted against the pro-gun-control Brady Bill, writing that he believes states, not the federal government, can handle waiting periods for handguns. In 1994, he voted yes on an assault weapons ban. He has voted to ban some lawsuits against gun manufacturers and for the Manchin-Toomey legislation expanding federal background checks.

http://www.ontheissues.org/2016/Bernie_Sanders_Gun_Control.htm


I want to shield gun shops from lawsuits, not manufacturers

Q: For a decade, you said that holding gun manufacturers legally responsible for mass shootings is a bad idea. Do you want to shield gun companies from lawsuits?

SANDERS: Of course not. This was a large and complicated bill. There were provisions in it that I think made sense. For example, do I think that a gun shop in the state of Vermont that sells legally a gun to somebody, and that somebody goes out and does something crazy, that that gun shop owner should be held responsible? I don't. On the other hand, where you have manufacturers and where you have gun shops knowingly giving guns to criminals or aiding and abetting that, of course we should take action.

Source: 2015 CNN Democratic primary debate in Las Vegas , Oct 13, 2015

http://www.ontheissues.org/2016/Bernie_Sanders_Gun_Control.htm


Bernie Sanders’ critics misfire: The Vermont senator’s gun record is better than it looks

....However, the Nation and the other reports like it don’t shed real light on where Sanders is coming from. They don’t explain why he supports some gun controls but not others. Nor do they ask if there’s a consistency to Sanders’ positions and votes over the years? They simply suggest that Bernie’s position is muddled and makes a good target for Hillary.

Yet there is an explanation. It’s consistent and simpler than many pundits think. And it’s in Bernie’s own words dating back to the campaign where he was first elected to the U.S. House—in 1990—where he was endorsed by the NRA, even after Sanders told them that he would ban assault rifles. That year, Bernie faced Republican incumbent Peter Smith, who beat him by less than 4 percentage points in a three-way race two years before.

In that 1988 race, Bernie told Vermont sportsmen that he backed an assault weapons ban. Smith told the same sportsmen’s groups that he opposed it, but midway through his first term he changed his mind and co-sponsored an assault rifle ban—even bringing an AK-47 to his press conference. That about-face was seen as a betrayal and is the background to a June 1990 debate sponsored by the Vermont Federation of Sportsmen’s Clubs.

I was at that debate with Smith and three other candidates—as the Sanders’ campaign press secretary—and recorded it. Bernie spoke at length three times and much of what he said is relevant today, and anticipates his congressional record on gun control ever since. Look at how Bernie describes what being a sportsperson is in a rural state, where he is quick to draw the line with weapons that threaten police and have no legitimate use in hunting—he previously was mayor of Vermont’s biggest city, and his record of being very clear with the gun lobby and rural people about where he stands. His approach, despite the Nation’s characterization, isn’t “open-minded.”

As you can see, Bernie—who moved to rural northeastern Vermont in the late 1960s—has an appreciation and feeling for where hunting and fishing fit into the lives of lower income rural people. He’s not a hunter or a fisherman. When he grew up in Brooklyn, he was a nerdy jock—being captivated by ideas and a high school miler who hoped for a track scholarship for college. But like many people who settled in Vermont for generations, he was drawn to its freer and greener pastures and respected its local culture.

“I went before the sportsmen of Vermont and said that I have concerns about certain types of assault weapons that have nothing to do with hunting. I believe in hunting. I will not support any legislation that limits the rights of Vermonters or any other hunters to practice what they have enjoyed for decades. I do have concerns about certain types of assault weapons.”

That was not the end of his remarks. But it is worth noting that his separating the rights of traditional hunters from the concerns of police chiefs has been a constant thread in many subsequent votes he would take in Congress. It’s also noteworthy that Bernie consistently has opposed assault weapons from the late 1980s—before he was in Congress—which he reiterated to the moderator.

http://www.salon.com/2015/10/10/what_bernies_gun_control_critics_get_wrong_partner/


Alternet: Bernie's Gun Control Critics Are Wrong—His Stance Has Been Consistent for Decades

Next, the 1990 debate turned to gun control. The moderator, who clearly was a Second Amendment absolutist, went after Bernie—to test his mettle after Smith’s about-face.

“Do you support additional restrictions on firearms? Do you support additional restrictive firearms legislation?” he asked. “Bernie Sanders, explain yourself, yes or no?”

“Yes,” he replied. “Two years ago, I went before the Vermont Sportsman’s Federation and was asked exactly the same question. It was a controversial question. I know how they felt on the issue. And that was before the DiConcini Bill. That was before a lot of discussion about the Brady Bill. That was before New Jersey and California passed bills limiting assault weapons.

“I went before the sportsmen of Vermont and said that I have concerns about certain types of assault weapons that have nothing to do with hunting. I believe in hunting. I will not support any legislation that limits the rights of Vermonters or any other hunters to practice what they have enjoyed for decades. I do have concerns about certain types of assault weapons.”


That was not the end of his remarks. But it is worth noting that his separating the rights of traditional hunters from the concerns of police chiefs has been a constant thread in many subsequent votes he would take in Congress. It’s also noteworthy that Bernie consistently has opposed assault weapons from the late 1980s—before he was in Congress—which he reiterated to the moderator.

“I said that before the election,” he continued. “The Vermont sportspeople, as is their right, made their endorsement. The endorsed Peter Smith. They endorsed Paul Poirier. I lost that election by about three-and-one-half percentage points, a very close election. Was my failure to get that endorsement pivotal? It might have been. We don’t know. Maybe it was. Maybe it wasn’t. All I can say is I told the sportspeople of Vermont what I believe before the election and I am going to say it again.

“I do believe we need to ban certain types of assault weapons. I have taked to police chiefs. I have talked to the police officers out on the street. I have read some of the literature all over this country. Police chiefs, police officers are concerned about the types of weapons which are ending up in the hands of drug dealers and other criminals and our police oficers are getting outgunned.

http://www.alternet.org/election-2016/bernies-gun-control-critics-are-wrong-his-stance-has-been-consistent-decades


Sanders Votes for Background Checks, Assault Weapons Ban

WASHINGTON, April 17 – Sen. Bernie Sanders (I-Vt.) today voted for expanded background checks on gun buyers and for a ban on assault weapons but the Senate rejected those central planks of legislation inspired by the shootings of 20 first-grade students and six teachers in Newtown, Conn.

“Nobody believes that gun control by itself is going to end the horrors we have seen in Newtown, Conn., Aurora, Colo., Blacksburg, Va., Tucson, Ariz. and other American communities,” Sanders said. “There is a growing consensus, however, in Vermont and across America that we have got to do as much as we can to end the cold-blooded, mass murders of innocent people. I believe very strongly that we also have got to address the mental health crisis in our country and make certain that help is available for people who may be a danger to themselves and others,” Sanders added.

The amendment on expanded background checks needed 60 votes to pass but only 54 senators voted for it. “To my mind it makes common sense to keep these weapons out of the hands of people with criminal records or mental health histories,” Sanders said.

Under current federal law, background checks are not performed for tens of thousands of sales – up to 40 percent of all gun transfers – at gun shows or over the Internet. The amendment would have required background checks for all gun sales in commercial settings regardless of whether the seller is a licensed dealer. The compromise proposal would have exempted sales between “family, friends, and neighbors.”

In a separate roll call, the Senate rejected a proposal to ban assault weapons and high-capacity magazines. That proposal was defeated by a vote of 60 to 40.

http://www.sanders.senate.gov/newsroom/press-releases/sanders-votes-for-background-checks-assault-weapons-ban


Bernie Sanders voted for the 1994 crime bill because it included the Violence against Women Act and assault weapons ban:

In 1994, however, Sanders voted in favor of the final version of the Violent Crime Control and Law Enforcement Act, a bill that expanded the federal death penalty. Sanders had voted for an amendment to the bill that would have replaced all federal death sentences with life in prison. Even though the amendment failed, Sanders still voted for the larger crime bill.

A spokesman for Sanders said he voted for the bill "because it included the Violence Against Women Act and the ban on certain assault weapons."

Sanders reiterated his opposition to capital punishment in 2015. "I just don’t think the state itself, whether it’s the state government or federal government, should be in the business of killing people," he said on a radio show.

http://www.politifact.com/punditfact/statements/2015/sep/02/viral-image/where-do-hillary-clinton-and-bernie-sanders-stand-/


If he's a pro-NRA/pro-gun industry shill why did the NRA give him a lifetime D- rating?
 

Duckhunter935

(16,974 posts)
3. No military in the world uses
Sat Mar 19, 2016, 09:20 AM
Mar 2016

The AR-15 rifle. It is in fact a very good platform for hunting and is the must purchased civian semi-automatic rifle. Bernie is right if this sets the precident.

 

Duckhunter935

(16,974 posts)
7. I do not duck hunt
Sat Mar 19, 2016, 09:39 AM
Mar 2016

Or hunt at all. I know the truth is hard to take. Why don't you dispute what I posted with some facts.

bigtree

(85,996 posts)
11. modified into the M-16
Sat Mar 19, 2016, 09:52 AM
Mar 2016

...small point, doesn't really detract from the points made.

These rifles are marketed as 'military' weapons. What's their purpose for civilians?

 

Duckhunter935

(16,974 posts)
13. Not easily
Sat Mar 19, 2016, 10:02 AM
Mar 2016

Since you have to add material to the base receiver and put in an auto search which is controlled by the feds as a machine gun itself. I know this bull works on the less informed.

bigtree

(85,996 posts)
17. I was agreeing with you
Sat Mar 19, 2016, 10:08 AM
Mar 2016

...and you are correct that there are several manufacturer modifications which make it impossible to convert them to fully automatic.

edit:

For what purpose would the average civilian need a working rifle which is marketed as a 'military' weapon?

 

Duckhunter935

(16,974 posts)
19. I use mine for sporting purposes
Sat Mar 19, 2016, 10:14 AM
Mar 2016

Target shooting. Same as I do with my full military specification rifles.

bigtree

(85,996 posts)
20. I'd favor target shooting
Sat Mar 19, 2016, 10:21 AM
Mar 2016

...but only to active competitors with restrictive licensing.

I'd also like to see a ban on hunting with the AR-15.

Any other civilian uses you believe are valid?

 

Duckhunter935

(16,974 posts)
22. Of course personal protection
Sat Mar 19, 2016, 10:28 AM
Mar 2016

The second amendment does not require a list of qualified civilian activities as far as I know. And you do know the AR platform and all rifles in general are the least used in firearms murders, right.

bigtree

(85,996 posts)
25. that one doesn't register with me
Sat Mar 19, 2016, 10:40 AM
Mar 2016

...has that ever happened?

How often have civilians been on record having defended their home against intrusion with an AR-15?

The rights afforded civilians for the possession and use of these weapons designed(originally) for the military should be much more restrictive. The purposes you've listed can be mitigated without denying you your right to possess and use a firearm, just not this particular one.

I think public safety outweighs unrestricted recreational use, and hunting isn't a feature consistent with it's design.

 

Duckhunter935

(16,974 posts)
27. Hunting is very well what is in its design
Sat Mar 19, 2016, 10:46 AM
Mar 2016


I assume you are now from the west or out in the country, not just to protect your home.

bigtree

(85,996 posts)
33. you don't need the AR-15 to hunt
Sat Mar 19, 2016, 10:57 AM
Mar 2016

...your right to hunt would still be very much intact if the AR-15 was banned.

It's also a weapon of choice of several mass killers in recent years:

A total of four independent, premeditated and indiscriminate mass shootings occurred in the latter half of 2012. There was no connection between the shooters and the victims, and no reason was established in the selection of victims other than inflicting mass casualties. An AR-15 rifle was the weapon used in all four of these events. The odds of this particular weapon being selected for all four of these independent events simply by chance was estimated to be less than one in a million using two different approaches. The intentional selection of this firearm is additionally supported by the behavior of all four shooters. It is felt that this finding fundamentally changes the assault weapon debate. It is not that this weapon was simply being used at these events, there is little if any doubt that it was being intentionally selected as a weapon of choice in those premeditated indiscriminate mass killings. As this weapon is being actively sought for these events, leaving it unregulated and expanding public availability could only increase the opportunity for its use in future mass shootings of the nature we witnessed in 2012.

Four unrelated, premeditated, indiscriminate mass shooting events occurred in the last six months of 2012. All these events occurred in different states, the assailants were not connected with one another nor their victims, all were premeditated, no apparent reason existed for the selection of the targets (except to inflict mass casualties), and none were considered to be “copy cat” events of each other – all involved different populations and are considered to be independent events. The four events were the Aurora CO movie theatre shooting on 7/20/2012, the Happy Valley OR mall shooting (12/12/2012), the Sandy Hook Elementary School massacre in Newtown, CT on 12/14/2012, and the ambush of first responders in Webster, NY on 12/24/2012. In each of these events the shooter used an AR-15 rifle. Several other events that occurred during that timeframe have been identified as mass shootings (ref), but have been excluded for reasons that follow.

Heavy consideration was given to including the Sikh Temple shooting in Oak Creek, WI on 8/5/2012, but under the definition of events being used here it differed from the above four as a reason existed for the selection of the victims. The assailant (Page) was a white supremacist with ties to neo-Nazi groups (ref) who harbored ethnic/racial hatred thus establishing a motive in the selection of the victims. Although what specifically triggered Page remains unknown, the Southern Poverty Law Center has referred to Page as being a frustrated neo-Nazi, and the chairman of the Sikh Council on Religion and Education expressed his concerns of other white-supremacy and neo-Nazi groups harboring similar intentions. This event was felt to be more of a hate crime than an indiscriminate mass murder event.

Regarding the four selected events above, no apparent reason was found for the selection of the targets: movie theatre goers (Aurora), holiday shoppers (Happy Valley), school children and their teachers (Newtown), and first responders that were intentionally drawn to a scene for the purpose of committing mass murder (Webster). Although the Webster event also included attacking a specific population (first responders), there was no evidence of animus towards firefighters on the part of the shooter and a typewritten letter by the assailant (Spengler) reflected the intent to ambush the first responders but offered no motive for the shooting, stating that he had to get ready “..and do what I like doing best, killing people” (ref).

The other excluded events are more straight-forward. The 8/13/2012 shooting in College Station, TX came from a home where gunfire from an AR-15 was directed at law enforcement officers attempting to serve an eviction notice. The 9/27/2012 shooting in Minneapolis was employment-related and directed at members of the assailant’s company; he pulled the gun when his employment was terminated. The 10/21/2012 shooting in Brookfield WI was directed at the assailant’s estranged wife who worked in the spa (she had issued a restraining order) and it is unclear if any of the other deaths/injuries that occurred in the spa were premeditated. And the Frankstown Township PA shooting spree on 12/21/2012 involved the shooter killing a woman on the steps of a church, driving to a neighbor’s home where he killed the neighbor and after leaving the scene intentionally rammed his pick-up truck into the vehicle of that neighbor’s son-in-law where he then shot the relative establishing some level of connection between the shooter and 2 of his 3 victims.

Although there has been much discussion of ‘assault weapons’ being used this past year in several mass shootings, it is felt that the considerations presented here fundamentally change the assault weapons debate. It is not just that the AR-15 rifle was being used in these events, there is little if any doubt that it was being intentionally selected as a weapon of choice in premeditated indiscriminate mass murder events of the horrific nature we witnessed in the latter half of 2012. Keeping this weapon unregulated and increasing public availability could only increase the opportunity for its use in future mass shootings of the nature we witnessed in 2012.

This places lawmakers who oppose the AWB into a troublesome position. Are they willing to leave a weapon unregulated knowing that it is being intentionally selected for indiscriminate mass killings in the civilian population (what its look-alike version was designed to do in battle)? Or if they remain opposed to a ban, would they also be opposed to limiting the magazine capacity of a weapon being sought for such horrific events? (Maddow makes the point that Lanza had to reload the AR-15 only four times over a space of 5 minutes in Sandy Hook Elementary rather than 14 times had the magazines held only 10 bullets). Or are they willing to keep their position that regulating this product is an infringement on the rights of, or an imposition to, ‘law abiding’ citizens. It is important to note that Supreme Court justices in both the Heller and McDonald rulings made clear that the Second Amendment did not confer ‘a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose’ and that a wide range of gun control laws remain ‘presumptively lawful’ including prohibiting ‘dangerous and unusual weapons’. A legal summary of both cases is provided here.

http://www.artonissues.com/2013/04/selection-of-the-ar-15-rifle-in-premeditated-indiscriminate-mass-shootings/



...do you actually have statistics proving the 'protection' argument?

bigtree

(85,996 posts)
45. rights aren't absolute
Sat Mar 19, 2016, 11:55 AM
Mar 2016

...as I pointed out, you don't lose the right to bear or use arms because of a restriction on a type of weapon.

In this case, arguing about defending 'constitutional rights' is a non sequitur, because no constitutional rights are being eliminated - just abridged - in the ban of the AR-15 advocated.

bigtree

(85,996 posts)
60. I'd start with this gun of choice for the recent mass killings
Sat Mar 19, 2016, 12:44 PM
Mar 2016

...and we could then look at other 'military' weapons marketed to civilians.

 

Duckhunter935

(16,974 posts)
62. The AR 15 is not
Sat Mar 19, 2016, 12:50 PM
Mar 2016

an individual weapon. It is a class of weapons that functions the exact same way as any semi-automatic rifle. You are for banning cosmetic features, that is just plain idiotic. And one more thing, the AR 15 is not a military weapon.

bigtree

(85,996 posts)
66. The AR-15 was designed for military and police use
Sat Mar 19, 2016, 12:58 PM
Mar 2016

...it's marketed to civilians as a 'military and police' weapon.

The AR-15 was designed as an ‘assault rifle’ for the United States armed forces and Colt marketed the firearm to various military services around the world including the US Navy, Air Force, Army, and Marine Corps.

It appears that the feature which attracts 'sportsmen' to the weapon - it's ability to fire rapidly and accurately - is tragically accommodating to those seeking to kill as many people in a short time as possible.

 

Duckhunter935

(16,974 posts)
67. That would be the M16
Sat Mar 19, 2016, 01:01 PM
Mar 2016

The AR 15 is a standard semi-automatic rifle just like this one


Are you against this type of rifle?

 

Duckhunter935

(16,974 posts)
70. do you know what the difference is?
Sat Mar 19, 2016, 01:22 PM
Mar 2016

between those two?

and what the functional difference is between these?
?resize=930x870%3E


 

Press Virginia

(2,329 posts)
79. They fear the scary looking rifle because it looks scary
Sat Mar 19, 2016, 02:02 PM
Mar 2016

The actual way it works isn't relevant to their fear.

300 people are killed by rifles, of any kind, in a given year but we must ban the class that looks the scariest in the name of safety

 

Press Virginia

(2,329 posts)
83. They look the same, function differently
Sat Mar 19, 2016, 02:04 PM
Mar 2016

Why not go after the M9, which functions and looks the same as the Barreta sold to civilians and is more likely to kill people in a mass shooting than an AR15?

Jackie Wilson Said

(4,176 posts)
47. I am not a fan of guns, but I would think Bernie's
Sat Mar 19, 2016, 11:57 AM
Mar 2016
"unusual for a liberal" position would help him even more were he the candidate against the GOP in a general election.

Koinos

(2,792 posts)
84. Following your reasoning on this...
Sat Mar 19, 2016, 02:06 PM
Mar 2016

And he could adopt other Republican positions, which would help him attract even more Republican votes.

But maybe that is not the way to go. For every Republican vote he picks up, he will lose Democratic votes.

I don't think it would help Bernie to run as a "second amendment" champion. At least not in our house...

yallerdawg

(16,104 posts)
16. The truth is what?
Sat Mar 19, 2016, 10:06 AM
Mar 2016

This gun was not designed for hunting.

It was modified as the M-16, and that was the go-to gun in Viet Nam. The AR-15 is the civilian version.

You want to go round and round. I know. You have your agenda.

"Sandy Hook is an anomaly. Aurora theater is an anomaly. Crazy people get guns. It's sad. Taking them away or banning their legal sales won't change a thing is your argument."

I disagree.

Banning them is a good start. Yeah, I'll feed your ginned-up fantasy!

 

Duckhunter935

(16,974 posts)
18. The rifle was not an M16 or modified
Sat Mar 19, 2016, 10:12 AM
Mar 2016

It was an assault weapon compliant AR model. It was legally sold in a state that had an active assault weapons ban and the seller conducted a required federal background check that the purchaser passed. The AR platform is the most widely sold semi-automatic rifle sold ad since 1986 it has been designed not to fit any M16 autosear trigger parts.

hack89

(39,171 posts)
28. You can buy an AR in a multitude of calibers
Sat Mar 19, 2016, 10:49 AM
Mar 2016

Accurate, light weight, and adjustable it is an excellent hunting rifle, especially for teens, women and other small framed people.

yallerdawg

(16,104 posts)
4. The Clinton-signed Assault Weapons Ban covered AR-15 until the ban expired.
Sat Mar 19, 2016, 09:30 AM
Mar 2016

Could we say every civilian, every child's death since then is blood on the hands of these 'legislators'?

 

Duckhunter935

(16,974 posts)
6. The weapon used was assault weapons ban compliant
Sat Mar 19, 2016, 09:38 AM
Mar 2016

Connecticut kept that law in place after the federal law sunsetted.

yallerdawg

(16,104 posts)
9. If we ban the sale of AR-15's (AR-style) -
Sat Mar 19, 2016, 09:47 AM
Mar 2016

as Connecticut does now - after Sandy Hook - then we don't have to play games with versions and modifications.

 

TeddyR

(2,493 posts)
31. There were no "modifications"
Sat Mar 19, 2016, 10:55 AM
Mar 2016

To the gun used in Sandy Hook. It was a legally sold and purchased firearm. It wasn't modified to be fully automatic, doesn't fire any faster than any other semi-automatic rifle (or semi-automatic handgun), and isn't used by a single military in the world that I'm aware of. Sandy Hook was a tragedy but this lawsuit has zero merit.

 

Duckhunter935

(16,974 posts)
41. Correct
Sat Mar 19, 2016, 11:53 AM
Mar 2016

I get tired of the outrightbliesoutright lies posted here to try and gin up the people. Facts do matter!!

beam me up scottie

(57,349 posts)
75. Bernie always supported a ban on assault weapons.
Sat Mar 19, 2016, 01:48 PM
Mar 2016
Sanders voted against the pro-gun-control Brady Bill, writing that he believes states, not the federal government, can handle waiting periods for handguns. In 1994, he voted yes on an assault weapons ban. He has voted to ban some lawsuits against gun manufacturers and for the Manchin-Toomey legislation expanding federal background checks.

http://www.ontheissues.org/2016/Bernie_Sanders_Gun_Control.htm


I want to shield gun shops from lawsuits, not manufacturers

Q: For a decade, you said that holding gun manufacturers legally responsible for mass shootings is a bad idea. Do you want to shield gun companies from lawsuits?

SANDERS: Of course not. This was a large and complicated bill. There were provisions in it that I think made sense. For example, do I think that a gun shop in the state of Vermont that sells legally a gun to somebody, and that somebody goes out and does something crazy, that that gun shop owner should be held responsible? I don't. On the other hand, where you have manufacturers and where you have gun shops knowingly giving guns to criminals or aiding and abetting that, of course we should take action.

Source: 2015 CNN Democratic primary debate in Las Vegas , Oct 13, 2015

http://www.ontheissues.org/2016/Bernie_Sanders_Gun_Control.htm


Bernie Sanders’ critics misfire: The Vermont senator’s gun record is better than it looks

....However, the Nation and the other reports like it don’t shed real light on where Sanders is coming from. They don’t explain why he supports some gun controls but not others. Nor do they ask if there’s a consistency to Sanders’ positions and votes over the years? They simply suggest that Bernie’s position is muddled and makes a good target for Hillary.

Yet there is an explanation. It’s consistent and simpler than many pundits think. And it’s in Bernie’s own words dating back to the campaign where he was first elected to the U.S. House—in 1990—where he was endorsed by the NRA, even after Sanders told them that he would ban assault rifles. That year, Bernie faced Republican incumbent Peter Smith, who beat him by less than 4 percentage points in a three-way race two years before.

In that 1988 race, Bernie told Vermont sportsmen that he backed an assault weapons ban. Smith told the same sportsmen’s groups that he opposed it, but midway through his first term he changed his mind and co-sponsored an assault rifle ban—even bringing an AK-47 to his press conference. That about-face was seen as a betrayal and is the background to a June 1990 debate sponsored by the Vermont Federation of Sportsmen’s Clubs.

I was at that debate with Smith and three other candidates—as the Sanders’ campaign press secretary—and recorded it. Bernie spoke at length three times and much of what he said is relevant today, and anticipates his congressional record on gun control ever since. Look at how Bernie describes what being a sportsperson is in a rural state, where he is quick to draw the line with weapons that threaten police and have no legitimate use in hunting—he previously was mayor of Vermont’s biggest city, and his record of being very clear with the gun lobby and rural people about where he stands. His approach, despite the Nation’s characterization, isn’t “open-minded.”

As you can see, Bernie—who moved to rural northeastern Vermont in the late 1960s—has an appreciation and feeling for where hunting and fishing fit into the lives of lower income rural people. He’s not a hunter or a fisherman. When he grew up in Brooklyn, he was a nerdy jock—being captivated by ideas and a high school miler who hoped for a track scholarship for college. But like many people who settled in Vermont for generations, he was drawn to its freer and greener pastures and respected its local culture.

“I went before the sportsmen of Vermont and said that I have concerns about certain types of assault weapons that have nothing to do with hunting. I believe in hunting. I will not support any legislation that limits the rights of Vermonters or any other hunters to practice what they have enjoyed for decades. I do have concerns about certain types of assault weapons.”

That was not the end of his remarks. But it is worth noting that his separating the rights of traditional hunters from the concerns of police chiefs has been a constant thread in many subsequent votes he would take in Congress. It’s also noteworthy that Bernie consistently has opposed assault weapons from the late 1980s—before he was in Congress—which he reiterated to the moderator.

http://www.salon.com/2015/10/10/what_bernies_gun_control_critics_get_wrong_partner/


Alternet: Bernie's Gun Control Critics Are Wrong—His Stance Has Been Consistent for Decades

Next, the 1990 debate turned to gun control. The moderator, who clearly was a Second Amendment absolutist, went after Bernie—to test his mettle after Smith’s about-face.

“Do you support additional restrictions on firearms? Do you support additional restrictive firearms legislation?” he asked. “Bernie Sanders, explain yourself, yes or no?”

“Yes,” he replied. “Two years ago, I went before the Vermont Sportsman’s Federation and was asked exactly the same question. It was a controversial question. I know how they felt on the issue. And that was before the DiConcini Bill. That was before a lot of discussion about the Brady Bill. That was before New Jersey and California passed bills limiting assault weapons.

“I went before the sportsmen of Vermont and said that I have concerns about certain types of assault weapons that have nothing to do with hunting. I believe in hunting. I will not support any legislation that limits the rights of Vermonters or any other hunters to practice what they have enjoyed for decades. I do have concerns about certain types of assault weapons.”


That was not the end of his remarks. But it is worth noting that his separating the rights of traditional hunters from the concerns of police chiefs has been a constant thread in many subsequent votes he would take in Congress. It’s also noteworthy that Bernie consistently has opposed assault weapons from the late 1980s—before he was in Congress—which he reiterated to the moderator.

“I said that before the election,” he continued. “The Vermont sportspeople, as is their right, made their endorsement. The endorsed Peter Smith. They endorsed Paul Poirier. I lost that election by about three-and-one-half percentage points, a very close election. Was my failure to get that endorsement pivotal? It might have been. We don’t know. Maybe it was. Maybe it wasn’t. All I can say is I told the sportspeople of Vermont what I believe before the election and I am going to say it again.

“I do believe we need to ban certain types of assault weapons. I have taked to police chiefs. I have talked to the police officers out on the street. I have read some of the literature all over this country. Police chiefs, police officers are concerned about the types of weapons which are ending up in the hands of drug dealers and other criminals and our police oficers are getting outgunned.

http://www.alternet.org/election-2016/bernies-gun-control-critics-are-wrong-his-stance-has-been-consistent-decades


Sanders Votes for Background Checks, Assault Weapons Ban

WASHINGTON, April 17 – Sen. Bernie Sanders (I-Vt.) today voted for expanded background checks on gun buyers and for a ban on assault weapons but the Senate rejected those central planks of legislation inspired by the shootings of 20 first-grade students and six teachers in Newtown, Conn.

“Nobody believes that gun control by itself is going to end the horrors we have seen in Newtown, Conn., Aurora, Colo., Blacksburg, Va., Tucson, Ariz. and other American communities,” Sanders said. “There is a growing consensus, however, in Vermont and across America that we have got to do as much as we can to end the cold-blooded, mass murders of innocent people. I believe very strongly that we also have got to address the mental health crisis in our country and make certain that help is available for people who may be a danger to themselves and others,” Sanders added.

The amendment on expanded background checks needed 60 votes to pass but only 54 senators voted for it. “To my mind it makes common sense to keep these weapons out of the hands of people with criminal records or mental health histories,” Sanders said.

Under current federal law, background checks are not performed for tens of thousands of sales – up to 40 percent of all gun transfers – at gun shows or over the Internet. The amendment would have required background checks for all gun sales in commercial settings regardless of whether the seller is a licensed dealer. The compromise proposal would have exempted sales between “family, friends, and neighbors.”

In a separate roll call, the Senate rejected a proposal to ban assault weapons and high-capacity magazines. That proposal was defeated by a vote of 60 to 40.

http://www.sanders.senate.gov/newsroom/press-releases/sanders-votes-for-background-checks-assault-weapons-ban


Bernie Sanders voted for the 1994 crime bill because it included the Violence against Women Act and assault weapons ban:

In 1994, however, Sanders voted in favor of the final version of the Violent Crime Control and Law Enforcement Act, a bill that expanded the federal death penalty. Sanders had voted for an amendment to the bill that would have replaced all federal death sentences with life in prison. Even though the amendment failed, Sanders still voted for the larger crime bill.

A spokesman for Sanders said he voted for the bill "because it included the Violence Against Women Act and the ban on certain assault weapons."

Sanders reiterated his opposition to capital punishment in 2015. "I just don’t think the state itself, whether it’s the state government or federal government, should be in the business of killing people," he said on a radio show.

http://www.politifact.com/punditfact/statements/2015/sep/02/viral-image/where-do-hillary-clinton-and-bernie-sanders-stand-/


If he's a pro-NRA/pro-gun industry shill why did the NRA give him a lifetime D- rating?

yallerdawg

(16,104 posts)
78. This letter is in response to what Sanders just said, not his record
Sat Mar 19, 2016, 01:59 PM
Mar 2016
This case is about a particular weapon, Remington’s Bushmaster AR-15, and its sale to a particular market: civilians. It is not about handguns or hunting rifles, and the success of our lawsuit would not mean the end of firearm manufacturing in this country, as Sanders warned. This case is about the AR-15 because the AR-15 is not an ordinary weapon; it was designed and manufactured for the military to increase casualties in combat. The AR-15 is to guns what a tank is to cars: uniquely deadly and suitable for specialized use only.

beam me up scottie

(57,349 posts)
80. Implying that Bernie wants these weapons sold to civilians is dishonest.
Sat Mar 19, 2016, 02:02 PM
Mar 2016

He has always voted to ban them, it's why the NRA turned on him in Vermont.

His pro-gun control record earned him many F's and a lifetime D minus rating from the NRA.

yallerdawg

(16,104 posts)
92. Bernie said he would look again at the gun manufacturing liabiity law.
Sat Mar 19, 2016, 02:17 PM
Mar 2016

He also said - and correct me if I am wrong - that this could lead to the end of gun manufacturing and sales in America. Which the NRA publicly agreed with him!

This broad interpretation of the specific issue regarding the AR-15 is not about Bernie wanting to sell weapons to civilians.

beam me up scottie

(57,349 posts)
93. That is what SLAPP lawsuits intend to do, bankrupt gun manufacturers.
Sat Mar 19, 2016, 02:20 PM
Mar 2016

And that's why I support his vote for the PLCAA.

A manufacturer or seller should not be held liable for crimes committed using a weapon that was made and sold legally.

yallerdawg

(16,104 posts)
95. This is about the legality of selling a weapon used repeatedly for mass kilings.
Sat Mar 19, 2016, 02:31 PM
Mar 2016

If the manufacturer is immune from this kind of civil litigation, the manufacturer has no incentive to stop selling to the public or to make the product safer.

beam me up scottie

(57,349 posts)
96. You cannot and should not be able to sue a manufacturer for producing and selling legal products.
Sat Mar 19, 2016, 02:36 PM
Mar 2016

If you want to stop the sale of those weapons then a ban on them is the only option and Bernie has always supported one.

yallerdawg

(16,104 posts)
98. You went down the rabbit hole!
Sat Mar 19, 2016, 02:47 PM
Mar 2016


What if we believe the legal product is unsafe?

Litigation is the tool often used to determine if the product should be produced and sold.

beam me up scottie

(57,349 posts)
100. If the product is defective then the manufacturer can already be sued.
Sat Mar 19, 2016, 02:51 PM
Mar 2016

Tobacco, alcohol and guns can all be deemed "unsafe" but trying to sue companies for manufacturing and selling legal products is bullshit.

 

TeddyR

(2,493 posts)
101. Litigation is the tool used to determine if a product is defective
Sat Mar 19, 2016, 02:52 PM
Mar 2016

There are no allegations in this lawsuit that the firearm is defective.

LAS14

(13,783 posts)
8. Kick
Sat Mar 19, 2016, 09:45 AM
Mar 2016

I think Hillary could do a better job of making this clear (and also lawsuits for safety efforts). She did once in the debates, but mostly left it at urging the right to sue, with Sanders' responding as the Bardens describe above.

 

Logical

(22,457 posts)
10. No way gun company's shoiuld be sued just because you don't like guns. Idiotic. If the gun....
Sat Mar 19, 2016, 09:48 AM
Mar 2016

is defective and hurts someone they can be sued. People are clueless on this topic.

 

tk2kewl

(18,133 posts)
38. it's kooky...
Sat Mar 19, 2016, 11:26 AM
Mar 2016

i'm all for outlawing the sale of these types of guns, but there is no logical way to hold a gun manufacturer liable for the use of a weapon legally produced and distributed. the gun did what it was designed to do. just outlaw the fucking things.

 

Duckhunter935

(16,974 posts)
51. The one that functions
Sat Mar 19, 2016, 12:14 PM
Mar 2016

The same as every other semi-automatic rifle, the only difference is the looks and it is modular. But the function and rate of fire is exactly the same.

 

Duckhunter935

(16,974 posts)
56. What about
Sat Mar 19, 2016, 12:22 PM
Mar 2016

TheThe M1 rifle? What is an assault rifle as the rifle used in Sandy Hook was not an assault rife or even an assault weapon.

Just FYI, assault rifles are heavily regulated and none have been made for the civilian market since 1986. They are capable of fully automatic or burst fire unlike a civilian available semi-automatic rifle.

 

Duckhunter935

(16,974 posts)
26. Like any other
Sat Mar 19, 2016, 10:43 AM
Mar 2016

with the exception the manufacturers can not sell to the general public but only federally licensed dealers. Those dealers can only sell to non-prohibited persons that pass a federally mandated background check.

yallerdawg

(16,104 posts)
30. Sort a like opioids and cigarettes.
Sat Mar 19, 2016, 10:51 AM
Mar 2016

I'm so glad we are safe from the 'manufacturers.'

Who manufacture and promote the product, as the Sandy Hook parents are pointing out.

Or is it the other way around? The 'manufacturers' are uniquely safe from us?

 

Duckhunter935

(16,974 posts)
32. manufacturers can and are sued
Sat Mar 19, 2016, 10:55 AM
Mar 2016

just not for the criminal use by a third party of a legal product they did not sell to the murderer.

yallerdawg

(16,104 posts)
34. So mass killings including children...
Sat Mar 19, 2016, 11:10 AM
Mar 2016

from using this product - which was designed and promoted for mass killings - as argued in the letter above from Sandy Hook parents - is just a thing that happens that we can't do anything about - because it's legal?

The argument is to make it illegal to sell to the public!

To stop the manufacturer from selling to the public!

 

Duckhunter935

(16,974 posts)
39. Point to that promotion of this product
Sat Mar 19, 2016, 11:29 AM
Mar 2016

For mass killings. Facts matter. The AR and rifles are the least used weapons in murders. THAT IS A FACT.

 

Duckhunter935

(16,974 posts)
54. They are advertising a great hunting rifle line
Sat Mar 19, 2016, 12:17 PM
Mar 2016

I do not see anything about mass killings or murders. Big fail on your part.

yallerdawg

(16,104 posts)
59. Fail?
Sat Mar 19, 2016, 12:41 PM
Mar 2016

From the Sandy Hook parent's letter:

"...emphasizing the military and assaultive capacities of the weapon in its marketing to civilians."

A weapon designed for mass killing, promoted by Remington with derivation and association with the military and extreme law enforcement. Why is it in the ad, if not for that association?
 

Duckhunter935

(16,974 posts)
61. Because the military and police need
Sat Mar 19, 2016, 12:46 PM
Mar 2016

Rifles that are accurate and work well in bad weather. The same for a good hunting rifle. That has been the same for thethe last several hundred years. Yes fail. They are not promoting mass killing like you charged.

yallerdawg

(16,104 posts)
69. Somehow the AR-15 finds its way back to mass killing!
Sat Mar 19, 2016, 01:08 PM
Mar 2016

It is what it is, and is very effective in its design.

We're due...another one is coming...soon...

 

Duckhunter935

(16,974 posts)
73. Handguns are used much more often
Sat Mar 19, 2016, 01:44 PM
Mar 2016

Too bad you are going after the least used weapon for mass killings.

 

TeddyR

(2,493 posts)
43. Then work to pass a law to make it illegal
Sat Mar 19, 2016, 11:54 AM
Mar 2016

But it isn't illegal and there's zero reason to hold the manufacturer liable for the firearm's misuse

 

TeddyR

(2,493 posts)
72. What would change?
Sat Mar 19, 2016, 01:42 PM
Mar 2016

These guns were sold before the Heller decision and would still be sold if Heller was reversed. Nothing would change other than the fact that a few crime-ridden areas like DC would ban law-abiding citizens from protecting themselves while criminals continue to commit murders. Heller really only impacted a handful of places, like Chicago and DC. The state I live in, Virginia, wasn't impacted at all, and if Heller went away tomorrow I would still have a right to keep and bear arms under the Virginia constitution, as would the citizens of about 44 other states under their state constitutions.

yallerdawg

(16,104 posts)
86. Which is why we change Federal law.
Sat Mar 19, 2016, 02:08 PM
Mar 2016

And US constitionality of that law through the US Supreme Court if necessary.

Which supersedes state law.

 

TeddyR

(2,493 posts)
102. And what federal law would you propose changing?
Sat Mar 19, 2016, 03:01 PM
Mar 2016

Congress won't pass universal background checks, which has massive public support, so do you really think they would pass any more onerous gun control laws? And of course, the public is NOT in favor of stricter gun control law (other than UBCs), although my recollection is that public opinion is relatively split on whether the "assault weapons" ban should be reinstated. However, I think many that support that law wrongly think it would ban ownership of automatic weapons, which are already strictly regulated.

Gun control is a losing issue for Democrats (ask Bill Clinton). Gun control proponents rarely vote on that issue, while Second Amendment advocates are very politically active.

Lucinda

(31,170 posts)
36. Such a painful letter to read.
Sat Mar 19, 2016, 11:17 AM
Mar 2016

I admire them for standing up, I don't know if I would have that kind of strength.

 

AzDar

(14,023 posts)
55. Sorry, NO. Should Ford be sued when a drunk driver kills someone? Or Miller Brewing Co.?
Sat Mar 19, 2016, 12:18 PM
Mar 2016

But, again.. when your candidate is a ridiculous LIAR, it must make one desperate....

yallerdawg

(16,104 posts)
64. None of those products were designed to kill people...
Sat Mar 19, 2016, 12:51 PM
Mar 2016

and then sold to the public to make more money.

Bernie said he would reconsider his vote on the liability issue - before he went off on ending gun manufacturing!

Does this make Bernie "a ridiculous LIAR"? Of course not - that would be silly!

Vinca

(50,271 posts)
57. While I sympathize immensely with these people,
Sat Mar 19, 2016, 12:28 PM
Mar 2016

if a manufacturer makes an item that is legal and it is sold legally, I don't see how they are liable unless there is a manufacturing flaw that causes damage. We all might think these things shouldn't be sold to the public - and, personally, I hate all guns - but until laws are passed prohibiting their manufacture or sale, these people won't win a court case against the manufacturer. We're in a real mess in this country and the people to blame are those who decided the second amendment meant individuals are allowed to own guns, the Heller decision. Good luck overturning that decision given the percentage of gun nuts in this country.

swag

(26,487 posts)
58. Why immunity from liability for only this one industry? Why not let it be litigated?
Sat Mar 19, 2016, 12:38 PM
Mar 2016

I don't get blanket immunity for the gun industry.

Vinca

(50,271 posts)
63. They are not immune from liability if one of their products is defective and causes harm.
Sat Mar 19, 2016, 12:50 PM
Mar 2016

That's the same as it is with every other industry. You wouldn't sue a car manufacturer if someone intentionally hits you with a car. It's just common sense. Ford didn't break your leg, Joe the felon did. On the other hand, if Ford sells a new car with defective parts and your leg is broken, you can sue. The reason the gun manufacturers and sellers were given limited immunity was to prevent frivolous lawsuits. Small gun shop owners would be run out of business in short order if they had to defend lawsuits where a legally purchased weapon was subsequently used in a crime. As I noted previously, I hate guns and I would be happy as a clam if no guns were sold in this country by anyone. But this is the real world and that's never going to happen.

Koinos

(2,792 posts)
88. What if the way they market their guns and to whom is "defective"?
Sat Mar 19, 2016, 02:10 PM
Mar 2016

That is a greater point at stake here.

I think that judges and juries are perfectly capable of sorting out frivolous lawsuits. Corporations don't need immunity, especially when some manufacturers get it and others don't.

Vinca

(50,271 posts)
94. That's a stretch.
Sat Mar 19, 2016, 02:24 PM
Mar 2016

I'm not defending this, you know. Just saying people who sue as the people in the OP did are opening themselves up for being stuck with giant legal fees. If the law isn't there to sustain the suit, the judge often makes the people who sued pay everyone's legal fees. What we need is a change in law and given the GOP majority in Congress, good luck with that.

 

Duckhunter935

(16,974 posts)
97. The only person that can purchase
Sat Mar 19, 2016, 02:45 PM
Mar 2016

A firearm has to pass at the minimum a federal background check. That is unlike any other legal product for sale to the public.

 

Duckhunter935

(16,974 posts)
65. It's is called SLAAP
Sat Mar 19, 2016, 12:52 PM
Mar 2016

lawsuits. Other manufacturers were not bring sued to put them out of business by defending frivolous lawsuits. It is not blanket immunity as they can and are sued for legitimate reasons.

yallerdawg

(16,104 posts)
71. Sanders said he would look at this law again.
Sat Mar 19, 2016, 01:31 PM
Mar 2016
The Protection of Lawful Commerce in Arms Act (PLCAA), enacted in 2005, grants the firearm industry broad immunity from liability. The PLCAA not only prevents most people from receiving compensation for their firearm-related injuries, it erodes litigation’s ability to serve its public health role of providing manufacturers with a financial incentive to make their products safer.

When the viability of the vaccine industry was threatened in the 1980s, Congress provided limited protection from liability and also established the Vaccine Injury Compensation Program. The liability of nearly all other products, for example motor vehicles, is governed by traditional common law principles.

The absence of both litigation and product safety rules for firearms is a potentially dangerous combination for the public’s health.

From: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2040374/

Walk away

(9,494 posts)
104. This is one of the reasons so many of my friends and family support Hillary Clinton...
Sun Mar 20, 2016, 09:20 PM
Mar 2016

He may have a D rating from the NRA but his record on guns is miserable.

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