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Imagine if 11 years ago Hillary had pushed through a law preventing big banks from being sued (Original Post) Nye Bevan Apr 2016 OP
nothing is stopping gun manufacturers from being sued ibegurpard Apr 2016 #1
So what's so special about gun manufacturers that they need their very own special law? Nye Bevan Apr 2016 #2
Because people were trying to skirt existing law ibegurpard Apr 2016 #5
The general principle is that anyone can sue anyone. Nye Bevan Apr 2016 #9
you can sue a gun manufacturer ibegurpard Apr 2016 #18
How about if you can show gun manufacturers, distributors and their captive lobby the NRA have Hoyt Apr 2016 #53
Your tinfoil might need a tune up Press Virginia Apr 2016 #78
What I'd expect from a gun fancier. You probably "stood" with Zman during the trial. Hoyt Apr 2016 #113
giving lunatics a heads up when their tinfoil needs some work is the least I can do Press Virginia Apr 2016 #115
So, how about Zman? Hoyt Apr 2016 #118
What about him? Press Virginia Apr 2016 #120
When it comes to relatively "new" gunners, just like to know where they are coming from. Hoyt Apr 2016 #123
got a little crush on Zimmerman, do you? Press Virginia Apr 2016 #125
Haven't gun manufacturers suffered enoguh? FSogol Apr 2016 #27
So, you think people are just trying to skirt existing law when they sue someone? kcr Apr 2016 #30
Gun makers are already heavily regulated. Press Virginia Apr 2016 #82
That would be the job of the court magistrates in most districts to do, but Sanders took that out uponit7771 Apr 2016 #44
what you are condoning ibegurpard Apr 2016 #46
I'm condoning morality and Sanders votes to protect coporatons isn't a moral vote. uponit7771 Apr 2016 #47
What's moral about suing the maker of a gun when it was stolen Press Virginia Apr 2016 #79
Nothing and that should be left up to the courts to decided not congress uponit7771 Apr 2016 #90
Why? Press Virginia Apr 2016 #92
Because each case is different with difference circumstances in it, that goes without uponit7771 Apr 2016 #93
No they aren't really different. All seek to hold the manufacturer liable Press Virginia Apr 2016 #94
"all" don't seek to do what you said and even if they did the gun industry shouldn't be uponit7771 Apr 2016 #95
ALL. That's why the law was created. Press Virginia Apr 2016 #96
This is false, not "all" of those suits were friviolous or should be deemed so without looking at... uponit7771 Apr 2016 #99
All of them. That's why congress created the law Press Virginia Apr 2016 #100
Gun shills created and passed this immoral law not "all" of congress and prevents someone from suing uponit7771 Apr 2016 #101
What's moral about a lawsuit seeking to Press Virginia Apr 2016 #102
for one that's NOT all the law does and you know that...I'm not a LIV. uponit7771 Apr 2016 #103
That's exactly what the law does. Press Virginia Apr 2016 #104
That's not "ALL" the law does... and you know that uponit7771 Apr 2016 #105
That is ALL it does. Exempts them from liability when their products are used in crimes Press Virginia Apr 2016 #106
It exempts the dealers too !! You know that, all you guys who are defending this immoral uponit7771 Apr 2016 #107
It doesn't exempt dealers who are negligent in the sale Press Virginia Apr 2016 #108
More sophistry, I capitalized SHOULD KNOW on purpose... Right now all the dealer has to do is uponit7771 Apr 2016 #110
You said they should know it COULD be used in a crime Press Virginia Apr 2016 #114
Then I change it to can would or could none of that makes the law moral and no one is upset uponit7771 Apr 2016 #116
you keep bringing up morals while attacking a law that Press Virginia Apr 2016 #117
Cause its an immoral law....And the mother jones article!? uponit7771 Apr 2016 #119
What's moral about holding an innocent party financially liable for a criminal act Press Virginia Apr 2016 #121
Asked and answered, the mother jones article!? uponit7771 Apr 2016 #122
It was not answered Press Virginia Apr 2016 #124
Yes it was by me... Link inside uponit7771 Apr 2016 #127
you want the courts to determine morality? ooooookaaay then Press Virginia Apr 2016 #128
I'd like you to address the MJ article... uponit7771 Apr 2016 #129
I already addressed it two posts ago Press Virginia Apr 2016 #130
Good, so you don't have any objections with this conclsuion that .. uponit7771 Apr 2016 #131
why do gun manufacturers and dealers need a special law? nt geek tragedy Apr 2016 #4
It was a reaction to anti-gun groups... TCJ70 Apr 2016 #7
like tobacco? nt geek tragedy Apr 2016 #8
I'm pretty sure the tobacco industry was actively misleading the public... TCJ70 Apr 2016 #10
so why did the gun industry get immunity for their advertisements? nt geek tragedy Apr 2016 #13
I'm not sure what you mean... TCJ70 Apr 2016 #19
irresponsibly marketing military grade weapons to people geek tragedy Apr 2016 #21
This message was self-deleted by its author CompanyFirstSergeant Apr 2016 #32
To be more precise... CompanyFirstSergeant Apr 2016 #39
Why is it that many mass shooters chose the AR-15 as their weapon? CajunBlazer Apr 2016 #40
In my philosophy of self defense... CompanyFirstSergeant Apr 2016 #41
This message was self-deleted by its author CompanyFirstSergeant Apr 2016 #42
AR 15s are the least used weapon in mass shootings Press Virginia Apr 2016 #77
Yeap even more semantics ... tsk tsk.. Military like... that work?! uponit7771 Apr 2016 #45
Your comment... CompanyFirstSergeant Apr 2016 #55
Or pretty good at noticing when someones overusing semantics to avoid answering pretty straight... uponit7771 Apr 2016 #57
I never said it was... CompanyFirstSergeant Apr 2016 #58
Yes, of course I know... cause they shouldn't be in the hands of hunters or anyone else outside of uponit7771 Apr 2016 #60
This message was self-deleted by its author CompanyFirstSergeant Apr 2016 #61
Cool, we agree then ... all firearms should be in the hands of LEOs and military if that.... uponit7771 Apr 2016 #62
Not... CompanyFirstSergeant Apr 2016 #63
This message was self-deleted by its author CompanyFirstSergeant Apr 2016 #67
It's not? Press Virginia Apr 2016 #80
tobacco is not a constitutionally protected product ibegurpard Apr 2016 #48
I'm allowed to sue Ben and Jerry's because I got an upset stomach from eating their ice cream. Nye Bevan Apr 2016 #12
Go ahead and put together an organized movement... TCJ70 Apr 2016 #17
And you can sue gun manufactures if their gun blows up in your face do to their negligence. rhett o rick Apr 2016 #23
I can sue Ford if someone runs over me with a Ford. Nye Bevan Apr 2016 #26
Again, distinction without a difference. nm rhett o rick Apr 2016 #29
If people were filing those suits on a regular basis, Ford would get the Press Virginia Apr 2016 #84
The lawsuits weren't frivolous, they were actually succeeding. DanTex Apr 2016 #16
If you don't like guns, that's fine... TCJ70 Apr 2016 #20
I like guns, but I don't think gun corporations should have any special legal protections. DanTex Apr 2016 #25
What are they being given by not having to defend against a lawsuit Press Virginia Apr 2016 #81
Syntax again, that's all Sanders camp has on this immoral vote for corporate immunity uponit7771 Apr 2016 #43
There is no immunity from liability due to a defective product Press Virginia Apr 2016 #86
She did 4Q2u2 Apr 2016 #3
Nothing in those links about a law providing banks with immunity from lawsuits. Nye Bevan Apr 2016 #6
Potatoe vs Potatoe 4Q2u2 Apr 2016 #22
Distinction without a difference. rhett o rick Apr 2016 #24
Exactly. I can't believe people here are defending Bernie's NRA corporate giveaway. DanTex Apr 2016 #11
just look at all of those who act like transparency watchdogs geek tragedy Apr 2016 #15
It really is undefendable to me. Lucinda Apr 2016 #56
She did worse. The two for one couple repealed the rest of Glass-Steagall. n/t Skwmom Apr 2016 #14
She did much worse. She betrayed Democrats, our troops, and the people of Iraq rhett o rick Apr 2016 #28
"OK, but he/she voted for the IWR!!!!" is a great, all-purpose, substantive response, Nye Bevan Apr 2016 #31
Gun manufacturers can still be sued if their product is defective. Vinca Apr 2016 #33
Can't the judge or jury decide if the lawsuit is frivolous or if the manufacturer is responsible? Nye Bevan Apr 2016 #34
The reason Bernie supported the law was for the small gun shop owners of Vermont Vinca Apr 2016 #35
So presumably the law only applies to small gun shop owners, not big manufacturers or dealers, Nye Bevan Apr 2016 #36
I think it also applies to manufacturers, but like all legislation you have to vote for the Vinca Apr 2016 #38
But don't have to go through ALL of the same pretrials as all other coproations, you can filibutster uponit7771 Apr 2016 #59
Let's assume this bill does not exist. Vinca Apr 2016 #68
The same legal theory that has existed for other corps who make dangerous shit, come on uponit7771 Apr 2016 #69
Unless the item being manufactured is illegal or is being sold illegally, people would not be able Vinca Apr 2016 #70
red herring, no corp should have any exception of any kind when it comes to suites they should uponit7771 Apr 2016 #71
Fine. I don't care if the law is there or not. Vinca Apr 2016 #74
Their hatred for inanimate objects doesn't allow them to use reason Press Virginia Apr 2016 #88
It seems so. In the Sandy Hook case, the outcome would have been the same Vinca Apr 2016 #98
She did worse when she backed the bankruptcy bill 11 years ago. JackRiddler Apr 2016 #37
This is false uponit7771 Apr 2016 #72
Did she vote against the 2005 bankruptcy "reform"? JackRiddler Apr 2016 #83
no, and she didn't vote to give banks immunity from lawsuites either.... that's false uponit7771 Apr 2016 #97
I didn't write the nonsense OP... JackRiddler Apr 2016 #126
Consider the "shot glass". A simple vessel capable of holding around 1.5 oz of liquid. cherokeeprogressive Apr 2016 #49
And such a lawsuit would be thrown out by a judge or jury. Nye Bevan Apr 2016 #50
And in the meantime the courts get bogged down with lawsuits like the one I just described. cherokeeprogressive Apr 2016 #51
Then Sanders should push for more efficient judicial system not give corps any juducial exceptions uponit7771 Apr 2016 #73
I've never seen so many motorized goalposts in my life, I swear to god. cherokeeprogressive Apr 2016 #75
They cannot admit the basis for bringing the lawsuit is laughable Press Virginia Apr 2016 #89
What banks and gun makers have to do with each other in this instance is fucking beyond me. pangaia Apr 2016 #52
Possibly an unconscious memory? ... JackRiddler Apr 2016 #85
You've lasted this long Trajan Apr 2016 #54
Uh-oh. Nye Bevan Apr 2016 #65
Wow, threatening a DU member WhiteTara Apr 2016 #76
she's doing just that: her TPP immunizes corporations and banks from regulation amborin Apr 2016 #64
I had no idea that Hillary was behind the TPP. Nye Bevan Apr 2016 #66
"To this end ... we're pursuing a regional agreement with the nations of the TPP" chascarrillo Apr 2016 #112
why isn't Harry Reid's vote for this law upsetting Hillary as much TheDormouse Apr 2016 #87
She pretty much did. Bankruptcy reform of 2005. Look it up. elehhhhna Apr 2016 #91
You have a problem with the Constitution and the Supreme Court Prism Apr 2016 #109
We have a winner... Yurovsky Apr 2016 #111

ibegurpard

(16,685 posts)
1. nothing is stopping gun manufacturers from being sued
Wed Apr 6, 2016, 11:37 AM
Apr 2016

When guns are defective and malfunction. Sounds like you have a problem with them being legal. Best of luck getting that changed.

Nye Bevan

(25,406 posts)
2. So what's so special about gun manufacturers that they need their very own special law?
Wed Apr 6, 2016, 11:40 AM
Apr 2016

Lots of companies make products that are fine if not defective but can be dangerous if they malfunction. Why do gun manufacturers need extra special protection?

ibegurpard

(16,685 posts)
5. Because people were trying to skirt existing law
Wed Apr 6, 2016, 12:01 PM
Apr 2016

And sue them out of business. No one is doing that with other legal products and I would support similar legislation if they were.
What you have a problem with is the 2nd amendment. Get started working on its repeal.

Nye Bevan

(25,406 posts)
9. The general principle is that anyone can sue anyone.
Wed Apr 6, 2016, 12:03 PM
Apr 2016

If it's bullshit then the jury can throw it out. The only reason I can think of giving gun manufacturers special extra protection is that there are a lot of gun owners in Vermont.

ibegurpard

(16,685 posts)
18. you can sue a gun manufacturer
Wed Apr 6, 2016, 12:10 PM
Apr 2016

If you can prove the gun malfunctioned or is defective. You can't sue them because someone was killed with a gun. That's the purpose of a gun. Awaiting your 2nd Amendment repeal campaign.

 

Hoyt

(54,770 posts)
53. How about if you can show gun manufacturers, distributors and their captive lobby the NRA have
Wed Apr 6, 2016, 05:53 PM
Apr 2016

conspired to rig lax gun laws and convince yahoos that guns in your pants and closet are good because you can defend yourself against the boogeyman that is hiding behind every tree ready to jump out an rape your wife, shoot an unarmed teen running away with the pink flamingo off your lawn at 250 yards with the world's best sniper rifle for American home, make yourself a man just by plopping down a few hundred bucks and oiling your baby down, and used the NRA to conspire to elect white legislators who'd protect your rights to kill with a gun.

Seems like better grounds than those who sued cigarette manufacturers.






 

Press Virginia

(2,329 posts)
115. giving lunatics a heads up when their tinfoil needs some work is the least I can do
Thu Apr 7, 2016, 03:30 PM
Apr 2016

Don't want you to fall prey to the evil messages you're receiving from gun makers

 

Hoyt

(54,770 posts)
123. When it comes to relatively "new" gunners, just like to know where they are coming from.
Thu Apr 7, 2016, 04:23 PM
Apr 2016

I got what I needed.

kcr

(15,320 posts)
30. So, you think people are just trying to skirt existing law when they sue someone?
Wed Apr 6, 2016, 12:23 PM
Apr 2016

Liability is determined by the court of law. Taking that decision out of the courts by taking that right away from American citizens is a form of protection for corporations. Why should gun manufacturers get that? Yes, there are a lot of people who want them heavily regulated. The answer isn't to say that people can't sue them because some people are suspicious of their motivations. If you don't think other industries aren't salivating over that precedent. "Oh, those people just want to skirt the law that says people have a right to pollute! Please, please save us from the frivolous lawsuits! You did it for the guns!" Says the coal companies. And the courts look at the legal precedent and shrug.

 

Press Virginia

(2,329 posts)
82. Gun makers are already heavily regulated.
Thu Apr 7, 2016, 01:13 PM
Apr 2016

how are they responsible for a stolen gun being used to murder someone?

uponit7771

(90,364 posts)
44. That would be the job of the court magistrates in most districts to do, but Sanders took that out
Wed Apr 6, 2016, 05:22 PM
Apr 2016

... of their hands and into corporations.

His vote is down right immoral

ibegurpard

(16,685 posts)
46. what you are condoning
Wed Apr 6, 2016, 05:25 PM
Apr 2016

Is the same tactics the right wing uses to shut down abortion clinics. Careful what you wish for.

uponit7771

(90,364 posts)
47. I'm condoning morality and Sanders votes to protect coporatons isn't a moral vote.
Wed Apr 6, 2016, 05:28 PM
Apr 2016

...and even in the cases of abortion clinics the magistrates figure that out too and then there's counters suites for time and expenses.

But believe what you want, nothing is going to change the fact that Sanders vote was immoral

 

Press Virginia

(2,329 posts)
79. What's moral about suing the maker of a gun when it was stolen
Thu Apr 7, 2016, 01:04 PM
Apr 2016

from its rightful owner and used in a crime?

uponit7771

(90,364 posts)
93. Because each case is different with difference circumstances in it, that goes without
Thu Apr 7, 2016, 01:31 PM
Apr 2016

... saying.

And its up to pretrial actions to determine the validity of the suite and not give special exceptions to one industry.

Sanders judgement here was flawed at best, he's not so naive to think these lawsuits could not be pre litigated for validity

 

Press Virginia

(2,329 posts)
94. No they aren't really different. All seek to hold the manufacturer liable
Thu Apr 7, 2016, 01:32 PM
Apr 2016

for a crime committed by someone the manufacturer didn't do business with

uponit7771

(90,364 posts)
95. "all" don't seek to do what you said and even if they did the gun industry shouldn't be
Thu Apr 7, 2016, 01:37 PM
Apr 2016

... exempted from the same pretrial actions all other corps have to go through.

A magistrate or a judge is to do the deciding on that based on the evidence before them not some broad stroke on what is or isn't a good suit.

Sanders vote, on its face, is immoral at best and bad judgement

uponit7771

(90,364 posts)
99. This is false, not "all" of those suits were friviolous or should be deemed so without looking at...
Thu Apr 7, 2016, 02:07 PM
Apr 2016

... evidence.

Gun corps should have to go through the same pretrial as every other person or corp goes through in America.

All... really!? cause the gun industry said so!?

 

Press Virginia

(2,329 posts)
100. All of them. That's why congress created the law
Thu Apr 7, 2016, 02:11 PM
Apr 2016

Specifically forbidding lawsuits seeking to impose civil liability for the criminal misuse of their legal products by 3rd parties.


uponit7771

(90,364 posts)
101. Gun shills created and passed this immoral law not "all" of congress and prevents someone from suing
Thu Apr 7, 2016, 02:15 PM
Apr 2016

... gun corps if they can prevent the use of guns for criminal purposes and just decide not to.

one instance

its immoral...full stop

 

Press Virginia

(2,329 posts)
102. What's moral about a lawsuit seeking to
Thu Apr 7, 2016, 02:18 PM
Apr 2016

assign blame to a manufacturer for the criminal misuse of their products?

Why not sue the state which approved the sale? How can a manufacturer, who sells the gun to anyone but a licensed dealer prevent their products from being used in a crime by either eventual owner, the manufacturer didn't deal with, or someone who stole the gun from the actual owner?

uponit7771

(90,364 posts)
103. for one that's NOT all the law does and you know that...I'm not a LIV.
Thu Apr 7, 2016, 02:28 PM
Apr 2016

... and it take any incentive they have to make these dangerous weapon safer.

There is no voter fraud and there's not rash of frivolous suits either that cant be dealt with through pretrial.

this law was passed by gumpers for gumpers

uponit7771

(90,364 posts)
107. It exempts the dealers too !! You know that, all you guys who are defending this immoral
Thu Apr 7, 2016, 02:48 PM
Apr 2016

.... law usually just depend on sophistry and think everyone else can't go to wikipedia and read the damn law.

So if a gun dealer SHOULD KNOW they're selling to someone who COULD commit a crime they have no obligation to not to sell or that if someone is straw buying and the dealer SHOULD know then they're protected.

This law is immoral, other than sophistry there's little defense of it or ... or even giving them the benefit of protection

 

Press Virginia

(2,329 posts)
108. It doesn't exempt dealers who are negligent in the sale
Thu Apr 7, 2016, 02:53 PM
Apr 2016

as it shouldn't. And they have to have knowledge that the gun will be used in a crime. Not that it COULD be used in one.
How would a dealer know if the buyer is a straw purchaser when the sale is approved by the government?

What's immoral is using dead children to make a buck

uponit7771

(90,364 posts)
110. More sophistry, I capitalized SHOULD KNOW on purpose... Right now all the dealer has to do is
Thu Apr 7, 2016, 03:07 PM
Apr 2016

... give the shrug emoji and they're good.

http://www.motherjones.com/politics/2016/01/bernie-sanders-vote-gun-immunity-black-market

This outlines everything past the sophistry that explains this defense of this horrible law that Sanders voted for

 

Press Virginia

(2,329 posts)
114. You said they should know it COULD be used in a crime
Thu Apr 7, 2016, 03:28 PM
Apr 2016

which would be a ridiculous standard as anything can pretty much be used in a crime.

So you're upset at Sanders because a gun dealers can be sued in cases of negligence? Or your upset that the Sandy Hook parents can't sue Remington because Adam Lanza wasn't the lawful owner of the gun he used to murder those kids.

You're really not making any sense.

uponit7771

(90,364 posts)
116. Then I change it to can would or could none of that makes the law moral and no one is upset
Thu Apr 7, 2016, 03:31 PM
Apr 2016

... and Sanders for anything.

He showed bad judgement and seems to have unually close ties to a non progressive cause for someone to claim to be so progressive

 

Press Virginia

(2,329 posts)
117. you keep bringing up morals while attacking a law that
Thu Apr 7, 2016, 03:33 PM
Apr 2016

protects people who did nothing wrong.

How is it moral to try and make money from company that had nothing to do with anyone dying?

 

Press Virginia

(2,329 posts)
121. What's moral about holding an innocent party financially liable for a criminal act
Thu Apr 7, 2016, 03:52 PM
Apr 2016

We'll get to mother jones.

 

Press Virginia

(2,329 posts)
124. It was not answered
Thu Apr 7, 2016, 04:43 PM
Apr 2016

And last time I checked...we have a specific federal agency that investigates crimes like illegal gun sales by licensed dealers.
.
Demanding a company preclude foreseeable harm assumes the abilities not even demanded of the state when conducting a background check on a potential sale.

Take Sandy Hook....who could have foreseen Adam Lanza murdering his mother then taking her legally purchased and legally registered Bushmaster(which was legally made and legally transferred to a licensed dealer who then sold it to her) going to a school and murdering a bunch of kids?

uponit7771

(90,364 posts)
129. I'd like you to address the MJ article...
Thu Apr 7, 2016, 08:06 PM
Apr 2016

Don't worry, you wont be the first defender of Sanders vote not to address the article directly

uponit7771

(90,364 posts)
131. Good, so you don't have any objections with this conclsuion that ..
Thu Apr 7, 2016, 08:11 PM
Apr 2016
namely, that the lawsuits he helped derail once represented the most viable effort in decades to stem the flow of guns onto the black market.


right!?

tia

TCJ70

(4,387 posts)
7. It was a reaction to anti-gun groups...
Wed Apr 6, 2016, 12:01 PM
Apr 2016

...filing frivolous lawsuits against individual gun dealers and manufacturers. The only basis for these lawsuits was that they didn't like the product. If another business was facing that same organized barrage of stupid lawsuits, they should be protected from it as well.

TCJ70

(4,387 posts)
10. I'm pretty sure the tobacco industry was actively misleading the public...
Wed Apr 6, 2016, 12:03 PM
Apr 2016

...right? Creating false reports and crap like that? That's way different than suing someone for legally selling a product that you just don't like.

 

geek tragedy

(68,868 posts)
21. irresponsibly marketing military grade weapons to people
Wed Apr 6, 2016, 12:13 PM
Apr 2016

who don't need them, etc.

we'll never know what the legal system would have found, because Bernie and his allies gave the NRA its greatest legislative victory ever.

Response to geek tragedy (Reply #21)

 

CompanyFirstSergeant

(1,558 posts)
39. To be more precise...
Wed Apr 6, 2016, 01:27 PM
Apr 2016

For the much vilified AR-15, of the myriad manufacturers who produce clones of the AR-15 platform, only Colt Defense is the holder of the 'Technical Data Package' that defines the quality level of that weapon.

Technically, from DPMS (lower grade) to Bushmaster (mid-grade) to Daniel Defense (highest grade) NONE of these are military grade according to the true definition. Only Colt is. And yet Daniel Defense is considered possibly superior to Colt.

CajunBlazer

(5,648 posts)
40. Why is it that many mass shooters chose the AR-15 as their weapon?
Wed Apr 6, 2016, 01:49 PM
Apr 2016

While others have used clones or other weapons with high capacity magazines?

I think you know the answer. So they can kill the most people in the least amount of time without having to reload.

Now please tell us why Bernie Sanders voted against what he called "military style assault weapons"? While you are at it please explain why a hunter or someone defending his home needs a rifle with a high capacity magazine. As a responsible gun owner myself and former military who was qualified with an AR-15 (the early M-16 military version) I would say that anyone who needs a high capacity magazine for those situation needs to spend more time at the range.

 

CompanyFirstSergeant

(1,558 posts)
41. In my philosophy of self defense...
Wed Apr 6, 2016, 01:58 PM
Apr 2016

....as a civilian, if you are carrying a rifle for self defense....

....you are already screwed.


Why mass shooters use AR-15s? No idea. I am not qualified to answer that.

Out of respect to your question - best guess: because they are associated with inflicting mass casualties.


I don't hunt. When I did, it was with a flintlock. No kidding.


FWIW: I don't even carry a semi auto handgun for self defense

I carry a .38 revolver.

Response to CompanyFirstSergeant (Reply #41)

 

CompanyFirstSergeant

(1,558 posts)
55. Your comment...
Wed Apr 6, 2016, 05:56 PM
Apr 2016

...or question?

Just so you know...

To write (or even advocate the writing of) law, yes, you have to be pretty damn good at semantics.

Also...in any law, a section of definitions precedes the statutes.

Have to be good at definitions.

You can't legislate against 'things that scare me.'

uponit7771

(90,364 posts)
57. Or pretty good at noticing when someones overusing semantics to avoid answering pretty straight...
Wed Apr 6, 2016, 06:01 PM
Apr 2016

... forward questions?

Folk know a damn AR - 15 isn't being used to hunt hogs ... whatever, the Sanders immunity vote was immoral on its face and in no way "progressive"

 

CompanyFirstSergeant

(1,558 posts)
58. I never said it was...
Wed Apr 6, 2016, 06:04 PM
Apr 2016

...or was not a vote I agreed with.

I was just clarifying a definition.

I wasn't even arguing any point one way or the other.

No, an AR should not be used to hunt hogs.

Do you know why not?

uponit7771

(90,364 posts)
60. Yes, of course I know... cause they shouldn't be in the hands of hunters or anyone else outside of
Wed Apr 6, 2016, 06:06 PM
Apr 2016

... a military uniform.

My take on guns .... or uh... firearms....is most likely a little different than yours

Response to uponit7771 (Reply #60)

uponit7771

(90,364 posts)
62. Cool, we agree then ... all firearms should be in the hands of LEOs and military if that....
Wed Apr 6, 2016, 06:10 PM
Apr 2016

... and the country would be a better place and Clinton should be the dem nominee !!!

cool

Response to CompanyFirstSergeant (Reply #63)

ibegurpard

(16,685 posts)
48. tobacco is not a constitutionally protected product
Wed Apr 6, 2016, 05:28 PM
Apr 2016

And it's primary usage was not to kill. No one has been mispresenting the deadlines of guns. Your arguments have no merit until you can succeed in outlawing guns. Get on it.

Nye Bevan

(25,406 posts)
12. I'm allowed to sue Ben and Jerry's because I got an upset stomach from eating their ice cream.
Wed Apr 6, 2016, 12:05 PM
Apr 2016

Obviously the judge or jury will throw that lawsuit out as frivolous. Why can't the same thing happen with "frivolous" lawsuits against gun manufacturers?

TCJ70

(4,387 posts)
17. Go ahead and put together an organized movement...
Wed Apr 6, 2016, 12:08 PM
Apr 2016

...to create a number of lawsuits against Ben and Jerry's and they'd most likely get the same protections. That's the difference.

 

rhett o rick

(55,981 posts)
23. And you can sue gun manufactures if their gun blows up in your face do to their negligence.
Wed Apr 6, 2016, 12:17 PM
Apr 2016

You can't sue Ford if someone runs over you with a Ford. You can't sue gun manufacturers if someone shots you. You can't sue a knife manufacturer if someone stabs you.

I support strong gun control but trying to hold manufacturers responsible for what people illegally do with their products is not only ridiculous but it's counter productive.

Nye Bevan

(25,406 posts)
26. I can sue Ford if someone runs over me with a Ford.
Wed Apr 6, 2016, 12:19 PM
Apr 2016

My suit will likely be thrown out by a judge or jury, but there is no special law that prevents me from filing the lawsuit.

DanTex

(20,709 posts)
16. The lawsuits weren't frivolous, they were actually succeeding.
Wed Apr 6, 2016, 12:06 PM
Apr 2016

Google Smith and Wesson.

The very idea that an industry whose business practices are so destructive to the fabric of society that they are facing significant legal challenges, but then calls its friends in congress like Bernie to pass a special immunity law to protect it, should cause any progressive to want to puke. And, actually it does cause progressives to want to puke.

TCJ70

(4,387 posts)
20. If you don't like guns, that's fine...
Wed Apr 6, 2016, 12:13 PM
Apr 2016

...I'm not a gun owner and probably never will be. But ultimately, the only way to get rid of them is to change the constitution. Suing out of existence people who are legally selling a product isn't the answer.

DanTex

(20,709 posts)
25. I like guns, but I don't think gun corporations should have any special legal protections.
Wed Apr 6, 2016, 12:18 PM
Apr 2016

They should play by the same rules as everyone else. The certainly shouldn't get special legal protection simply because they have a powerful lobby.

This is not about suing them out of existence, it's about protecting the profits of corporations at the expense of society. It's a blatant corporate giveaway.

 

Press Virginia

(2,329 posts)
81. What are they being given by not having to defend against a lawsuit
Thu Apr 7, 2016, 01:07 PM
Apr 2016

that claims they're responsible for how a stolen gun was used?

 

Press Virginia

(2,329 posts)
86. There is no immunity from liability due to a defective product
Thu Apr 7, 2016, 01:17 PM
Apr 2016

suing Remington because a guy killed his mother, stole her guns and then used them to commit murder is a different story

Nye Bevan

(25,406 posts)
6. Nothing in those links about a law providing banks with immunity from lawsuits.
Wed Apr 6, 2016, 12:01 PM
Apr 2016

And since Bank of America was successfully sued for $16.65 billion and JP Morgan Chase for $13 billion, I have my doubts that such a law was ever passed.

https://www.justice.gov/opa/pr/bank-america-pay-1665-billion-historic-justice-department-settlement-financial-fraud-leading

http://www.streetinsider.com/Corporate+News/JPMorgan+Chase+(JPM),+U.S.+DoJ+Enter+Record+$13B+MBS+Settlement/8905148.html

 

4Q2u2

(1,406 posts)
22. Potatoe vs Potatoe
Wed Apr 6, 2016, 12:16 PM
Apr 2016

The settlement you link is from a Law passed in 1989.
BBC(Before Both Clintons)
Sins of Omission are still sins. Repealing Laws and Turning a blind eye to those actions is the same as protection


DanTex

(20,709 posts)
11. Exactly. I can't believe people here are defending Bernie's NRA corporate giveaway.
Wed Apr 6, 2016, 12:04 PM
Apr 2016

It's one of the very strong indications that the Bernie movement is a cult of personality and really isn't about progressive policies.

 

geek tragedy

(68,868 posts)
15. just look at all of those who act like transparency watchdogs
Wed Apr 6, 2016, 12:06 PM
Apr 2016

on Clinton and then claim it's a witch hunt that people are holding Bernie to the same standard to which they held Ted Cruz and Marco Rubio.

Lucinda

(31,170 posts)
56. It really is undefendable to me.
Wed Apr 6, 2016, 05:59 PM
Apr 2016

If they agree with him, that is different, but there is nothing wrong with saying my guy sucks on gun policy but I still support him.

I get why Hillary supports some things I don't, and I'm ok with our differences.

 

rhett o rick

(55,981 posts)
28. She did much worse. She betrayed Democrats, our troops, and the people of Iraq
Wed Apr 6, 2016, 12:22 PM
Apr 2016

when she jumped to the Republicon's side and supported the invasion of Iraq. Not only did she vote when beckoned by Bush, she doubled down and repeated the Bush lies before Congress. We depended on her to keep the idiot Republcons in check. I guess she likes them more than us.

Nye Bevan

(25,406 posts)
31. "OK, but he/she voted for the IWR!!!!" is a great, all-purpose, substantive response,
Wed Apr 6, 2016, 12:24 PM
Apr 2016

to any completely unrelated point related to Hillary Clinton, Joe Biden, John Kerry, etc.

Nicely done!

Vinca

(50,304 posts)
33. Gun manufacturers can still be sued if their product is defective.
Wed Apr 6, 2016, 12:29 PM
Apr 2016

What is the problem? If you want to make guns illegal to manufacture, distribute and sell, I'm all for it. I would prefer a country with zero guns. Until then I don't see how an industry making a legal product and having the legal product sold to a legal buyer should be held liable if the legal buyer goes nuts and shoots someone. If I suddenly decide to run over someone with my Rav4, do you think that person will get anywhere suing Toyota because I went nuts? So maybe that provision protecting gun manufacturers should be dropped. It will take a few frivolous lawsuits resulting in people who can't afford it having to pay the legal fees for manufacturers they sued, but eventually it would pass. In this climate, having the law in place is almost protecting people from themselves. Those Sandy Hook parents got horrible legal advice. You can't sue based on what you wish the laws were and if you're bringing suit to make a point you should be prepared to pay the legal fees of the opponent when you lose based upon existing law.

Nye Bevan

(25,406 posts)
34. Can't the judge or jury decide if the lawsuit is frivolous or if the manufacturer is responsible?
Wed Apr 6, 2016, 12:30 PM
Apr 2016

Why are these people so afraid of the jury system? Why the need for a special law?

Vinca

(50,304 posts)
35. The reason Bernie supported the law was for the small gun shop owners of Vermont
Wed Apr 6, 2016, 12:37 PM
Apr 2016

who do not have unlimited funds for lawyers. All of those frivolous lawsuits could certainly go to a judge or jury, but not only would it bankrupt small businesses who in the end would be cleared, it would clog the courts up worse than they are already. At this point, as I said, maybe it would be a good thing to have all the frivolous lawsuits filed. After enough judgments are in place and enough lawsuit filers have been bankrupted by filing their suits and having to pay the opposing side's legal fees, maybe the threat Bernie was concerned about would be gone.

Nye Bevan

(25,406 posts)
36. So presumably the law only applies to small gun shop owners, not big manufacturers or dealers,
Wed Apr 6, 2016, 12:41 PM
Apr 2016

right?

Vinca

(50,304 posts)
38. I think it also applies to manufacturers, but like all legislation you have to vote for the
Wed Apr 6, 2016, 12:49 PM
Apr 2016

law as it is written and comes to the floor. I'm sure Hillary has voted in favor of legislation that included smelly bits of other items in it. That's the way Congress works. There is no such thing as a clean bill. I have to admit. I'm totally puzzled by the angst over this. If a gun manufacturer were to be sued after a crime and their transaction was totally legal, the loser would be the person who could least afford it and that would most likely be a vulnerable person who has suffered a terrible loss and is goaded into suing by others.

uponit7771

(90,364 posts)
59. But don't have to go through ALL of the same pretrials as all other coproations, you can filibutster
Wed Apr 6, 2016, 06:04 PM
Apr 2016

.... the conversation all you want with semantics bottom line Sanders vote was immoral at best.

Vinca

(50,304 posts)
68. Let's assume this bill does not exist.
Thu Apr 7, 2016, 07:49 AM
Apr 2016

What is your legal theory for suing a legal manufacturer of a legal product for a legally sold gun? I imagine this was primarily a law put in place to avoid frivolous law suits, but the gun manufacturer is not different from the car manufacturer when it comes to liability. If their business has been legally conducted and the weapon that was legally sold is used in a crime, what is the legal theory that holds the gun manufacturer liable?

uponit7771

(90,364 posts)
69. The same legal theory that has existed for other corps who make dangerous shit, come on
Thu Apr 7, 2016, 10:58 AM
Apr 2016

... this is simple.

There should be no exceptions for the gun industry, going through a system that has worked for the most part the gun industry should NOT have an exception

Vinca

(50,304 posts)
70. Unless the item being manufactured is illegal or is being sold illegally, people would not be able
Thu Apr 7, 2016, 12:36 PM
Apr 2016

to sue a gun manufacturer and win. You would end up with a bunch of vulnerable victims who have already suffered a loss being stuck with legal fees the gun industry paid to defend the suit. Unless specific guns or specific parts of guns are made illegal in this country, they're pretty much safe from lawsuit anyway whether than law is in place or not.

uponit7771

(90,364 posts)
71. red herring, no corp should have any exception of any kind when it comes to suites they should
Thu Apr 7, 2016, 12:42 PM
Apr 2016

...go through the same process every other corp does and let the judicial system weed the bad litigation out.

the gun corps can also counter sue for time and expenses for frivolous suits

Sanders push for this law was immoral and not progressive in any way.

Vinca

(50,304 posts)
74. Fine. I don't care if the law is there or not.
Thu Apr 7, 2016, 12:49 PM
Apr 2016

I'm just saying you should be realistic. Victims who are suffering will be goaded into filing suit and end up in bankruptcy when it all goes wrong because the weapon was entirely legal.

Vinca

(50,304 posts)
98. It seems so. In the Sandy Hook case, the outcome would have been the same
Thu Apr 7, 2016, 02:01 PM
Apr 2016

whether that law was in place or not. A whole lot of people on this forum engage in magical thinking.

 

JackRiddler

(24,979 posts)
126. I didn't write the nonsense OP...
Thu Apr 7, 2016, 04:49 PM
Apr 2016

and it's trying to make some obscure point in support of Clinton. Take it up with nye bevan.

 

cherokeeprogressive

(24,853 posts)
49. Consider the "shot glass". A simple vessel capable of holding around 1.5 oz of liquid.
Wed Apr 6, 2016, 05:36 PM
Apr 2016

Pour some liquor in that "shot glass" a few times and suddenly it becomes a metal missile hurtling out of control down some city street, hell bent on ending a life or three.

Sue the company that markets shot glasses? Sue the glass maker?

Remember, before the addition of liquor a shot glass is merely a vessel for holding liquid.

Nye Bevan

(25,406 posts)
50. And such a lawsuit would be thrown out by a judge or jury.
Wed Apr 6, 2016, 05:41 PM
Apr 2016

I guess we don't need a special law to shield makers of shot glasses.

 

Press Virginia

(2,329 posts)
89. They cannot admit the basis for bringing the lawsuit is laughable
Thu Apr 7, 2016, 01:23 PM
Apr 2016

not a single one of them can come up with any logical argument which links the manufacture and legal sale to a dealer/distributor makes the manufacturer liable for crimes committed with a gun stolen from the rightful owner

 

JackRiddler

(24,979 posts)
85. Possibly an unconscious memory? ...
Thu Apr 7, 2016, 01:16 PM
Apr 2016

Since 11 years ago, Clinton did not perform this totally imaginary hypothetical act.

But in the real world, she did vote for the banker-backed and disastrous bankruptcy reform act of 2005.

So maybe there was some confusion there.

Nye Bevan

(25,406 posts)
66. I had no idea that Hillary was behind the TPP.
Wed Apr 6, 2016, 06:17 PM
Apr 2016

Sometimes you learn facts on DU that simply can't be found anywhere else.

chascarrillo

(3,897 posts)
112. "To this end ... we're pursuing a regional agreement with the nations of the TPP"
Thu Apr 7, 2016, 03:12 PM
Apr 2016

Sept. 8, 2010, remarks to the Council on Foreign Relations: "We want to realize the benefits from greater economic integration. In order to do that, we have to be willing to play. To this end ... we're pursuing a regional agreement with the nations of the Trans-Pacific Partnership, and we know that that will help create new jobs and opportunities here at home."

---

Also...

---

Here are some of the words she used to describe the TPP before she left the State Department in 2013: "exciting," "innovative," "ambitious," "groundbreaking," "cutting-edge," "high-quality," "high-standard" and "gold standard." She also publicly encouraged more nations to get involved, such as Japan, the Philippines, Vietnam and Malaysia, and she expressed hope that the negotiations would wrap up by the end of 2012.

Hillary Clinton flip-flops on Trans-Pacific Partnership

 

Prism

(5,815 posts)
109. You have a problem with the Constitution and the Supreme Court
Thu Apr 7, 2016, 03:00 PM
Apr 2016

Look, I despise guns. And I think we need tougher restrictions, especially with online purchases and seemingly unlimited ammo. If there was a vote to repeal the 2nd Amendment, I'd be right there.

But this whole "sue the manufacturer" tactic was a blatant end run around the Constitution and the Supreme Court's current interpretation of it. Can't win in court or at the ballot box? We'll sue guns out of existence!

That's not how our system works. It would set all kinds of really stupid precedents.

Blaming Sanders because people can't get around the Constitution is just the dumbest thing imaginable.

Our party has been reacting emotionally to the gun control issue for awhile now, and it's not working. We need new tactics. If we couldn't get jack shit done after Newton and all the emotional appeals, what makes anyone think future campaigns based on emotion will succeed?

The Constitution is there. And the shitty Heller Court is there (well, mostly). Until that changes, or the Democrats get smarter, we're not going to see much movement on this. And complaining that a backdoor cheat around the issue doesn't work is just pointless.

Yurovsky

(2,064 posts)
111. We have a winner...
Thu Apr 7, 2016, 03:11 PM
Apr 2016

the Constitution can be amended. We shouldn't get lazy and create laws that will only get tossed out via the courts. That's a waste of time and money, when we would be better serve to make the case to amend the Constitution and limit or eliminate guns from American society.

This just a desperate attack from a desperate candidate who is struggling to win what should have been a cakewalk given all the advantages she had over the small number of candidates who even dared to challenge her annointment.

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