2016 Postmortem
Related: About this forum'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 Sanderss 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, Remingtons 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-15s 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 Remingtons 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 Daniels 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.
LexVegas
(6,060 posts)workinclasszero
(28,270 posts)SMH
beam me up scottie
(57,349 posts)http://www.ontheissues.org/2016/Bernie_Sanders_Gun_Control.htm
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
....However, the Nation and the other reports like it dont shed real light on where Sanders is coming from. They dont explain why he supports some gun controls but not others. Nor do they ask if theres a consistency to Sanders positions and votes over the years? They simply suggest that Bernies position is muddled and makes a good target for Hillary.
Yet there is an explanation. Its consistent and simpler than many pundits think. And its in Bernies own words dating back to the campaign where he was first elected to the U.S. Housein 1990where 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 sportsmens groups that he opposed it, but midway through his first term he changed his mind and co-sponsored an assault rifle baneven 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 Sportsmens Clubs.
I was at that debate with Smith and three other candidatesas the Sanders campaign press secretaryand 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 huntinghe previously was mayor of Vermonts biggest city, and his record of being very clear with the gun lobby and rural people about where he stands. His approach, despite the Nations characterization, isnt open-minded.
As you can see, Berniewho moved to rural northeastern Vermont in the late 1960shas an appreciation and feeling for where hunting and fishing fit into the lives of lower income rural people. Hes not a hunter or a fisherman. When he grew up in Brooklyn, he was a nerdy jockbeing 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. Its also noteworthy that Bernie consistently has opposed assault weapons from the late 1980sbefore he was in Congresswhich he reiterated to the moderator.
http://www.salon.com/2015/10/10/what_bernies_gun_control_critics_get_wrong_partner/
Next, the 1990 debate turned to gun control. The moderator, who clearly was a Second Amendment absolutist, went after Bernieto test his mettle after Smiths 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 Sportsmans 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. Its also noteworthy that Bernie consistently has opposed assault weapons from the late 1980sbefore he was in Congresswhich 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 dont know. Maybe it was. Maybe it wasnt. 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
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:
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 dont think the state itself, whether its 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?
riversedge
(70,218 posts)Duckhunter935
(16,974 posts)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.
yallerdawg
(16,104 posts)The AR-15 was not designed for duck hunting.
Duckhunter935
(16,974 posts)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)...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)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)...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)Target shooting. Same as I do with my full military specification rifles.
bigtree
(85,996 posts)...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)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)...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)I assume you are now from the west or out in the country, not just to protect your home.
bigtree
(85,996 posts)...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 assailants company; he pulled the gun when his employment was terminated. The 10/21/2012 shooting in Brookfield WI was directed at the assailants 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 neighbors home where he killed the neighbor and after leaving the scene intentionally rammed his pick-up truck into the vehicle of that neighbors 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?
Duckhunter935
(16,974 posts)There is no department of needs for a constitutional right.
bigtree
(85,996 posts)...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.
Duckhunter935
(16,974 posts)The function is the same
bigtree
(85,996 posts)...and we could then look at other 'military' weapons marketed to civilians.
Duckhunter935
(16,974 posts)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)...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)The AR 15 is a standard semi-automatic rifle just like this one
Are you against this type of rifle?
bigtree
(85,996 posts)This is the M-16 which the military uses:
Duckhunter935
(16,974 posts)between those two?
and what the functional difference is between these?
?resize=930x870%3E
Press Virginia
(2,329 posts)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)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?
bigtree
(85,996 posts)Duckhunter935
(16,974 posts)Feature bans are.
Jackie Wilson Said
(4,176 posts)Koinos
(2,792 posts)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...
Duckhunter935
(16,974 posts)That I am sure of.
thucythucy
(8,051 posts)You don't hunt duck, or hunt at all, yet you're moniker is "Duckhunter935"?
Duckhunter935
(16,974 posts)Has nothing to do with guns
yallerdawg
(16,104 posts)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)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)Accurate, light weight, and adjustable it is an excellent hunting rifle, especially for teens, women and other small framed people.
yallerdawg
(16,104 posts)Could we say every civilian, every child's death since then is blood on the hands of these 'legislators'?
Duckhunter935
(16,974 posts)Connecticut kept that law in place after the federal law sunsetted.
yallerdawg
(16,104 posts)as Connecticut does now - after Sandy Hook - then we don't have to play games with versions and modifications.
TeddyR
(2,493 posts)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)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)http://www.ontheissues.org/2016/Bernie_Sanders_Gun_Control.htm
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
....However, the Nation and the other reports like it dont shed real light on where Sanders is coming from. They dont explain why he supports some gun controls but not others. Nor do they ask if theres a consistency to Sanders positions and votes over the years? They simply suggest that Bernies position is muddled and makes a good target for Hillary.
Yet there is an explanation. Its consistent and simpler than many pundits think. And its in Bernies own words dating back to the campaign where he was first elected to the U.S. Housein 1990where 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 sportsmens groups that he opposed it, but midway through his first term he changed his mind and co-sponsored an assault rifle baneven 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 Sportsmens Clubs.
I was at that debate with Smith and three other candidatesas the Sanders campaign press secretaryand 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 huntinghe previously was mayor of Vermonts biggest city, and his record of being very clear with the gun lobby and rural people about where he stands. His approach, despite the Nations characterization, isnt open-minded.
As you can see, Berniewho moved to rural northeastern Vermont in the late 1960shas an appreciation and feeling for where hunting and fishing fit into the lives of lower income rural people. Hes not a hunter or a fisherman. When he grew up in Brooklyn, he was a nerdy jockbeing 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. Its also noteworthy that Bernie consistently has opposed assault weapons from the late 1980sbefore he was in Congresswhich he reiterated to the moderator.
http://www.salon.com/2015/10/10/what_bernies_gun_control_critics_get_wrong_partner/
Next, the 1990 debate turned to gun control. The moderator, who clearly was a Second Amendment absolutist, went after Bernieto test his mettle after Smiths 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 Sportsmans 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. Its also noteworthy that Bernie consistently has opposed assault weapons from the late 1980sbefore he was in Congresswhich 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 dont know. Maybe it was. Maybe it wasnt. 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
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:
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 dont think the state itself, whether its 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)This case is about a particular weapon, Remingtons 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)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)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)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)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)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)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)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)There are no allegations in this lawsuit that the firearm is defective.
mountain grammy
(26,621 posts)For adding sanity to this conversation.
beam me up scottie
(57,349 posts)I've got the facts at the ready!
mountain grammy
(26,621 posts)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)is defective and hurts someone they can be sued. People are clueless on this topic.
Duckhunter935
(16,974 posts)There are actually 6 exceptions to allow lawsuits in the PCLAA
tk2kewl
(18,133 posts)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)tk2kewl
(18,133 posts)Duckhunter935
(16,974 posts)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.
tk2kewl
(18,133 posts)Duckhunter935
(16,974 posts)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.
yallerdawg
(16,104 posts)Duckhunter935
(16,974 posts)yallerdawg
(16,104 posts)"Guns" is business.
As if we didn't know this.
Duckhunter935
(16,974 posts)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)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)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)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)For mass killings. Facts matter. The AR and rifles are the least used weapons in murders. THAT IS A FACT.
yallerdawg
(16,104 posts)Duckhunter935
(16,974 posts)I do not see anything about mass killings or murders. Big fail on your part.
yallerdawg
(16,104 posts)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)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)It is what it is, and is very effective in its design.
We're due...another one is coming...soon...
Duckhunter935
(16,974 posts)Too bad you are going after the least used weapon for mass killings.
yallerdawg
(16,104 posts)This is what the Sandy Hook parent's are "going after."
Duckhunter935
(16,974 posts)I feel thay are misguided
TeddyR
(2,493 posts)But it isn't illegal and there's zero reason to hold the manufacturer liable for the firearm's misuse
Jackie Wilson Said
(4,176 posts)TeddyR
(2,493 posts)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)And US constitionality of that law through the US Supreme Court if necessary.
Which supersedes state law.
TeddyR
(2,493 posts)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.
book_worm
(15,951 posts)Lucinda
(31,170 posts)I admire them for standing up, I don't know if I would have that kind of strength.
hrmjustin
(71,265 posts)ismnotwasm
(41,980 posts)AzDar
(14,023 posts)But, again.. when your candidate is a ridiculous LIAR, it must make one desperate....
yallerdawg
(16,104 posts)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!
Thinkingabout
(30,058 posts)Vinca
(50,271 posts)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)I don't get blanket immunity for the gun industry.
Vinca
(50,271 posts)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)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)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)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)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)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 publics health.
From: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2040374/
lunamagica
(9,967 posts)Walk away
(9,494 posts)He may have a D rating from the NRA but his record on guns is miserable.