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In reply to the discussion: Sanders: Gun control no "magic formula" for terrorism [View all]SunSeeker
(58,375 posts)43. No, post 37 does not say I misquoted the PLCAA.
Again, how did I misquote the PLCAA? Are you saying that quoted language is not in the PLCAA? It is:
(5)Qualified civil liability action
(A)In general. The term qualified civil liability action means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include
...
(v)
an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; ...
(A)In general. The term qualified civil liability action means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party, but shall not include
...
(v)
an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; ...
https://www.law.cornell.edu/uscode/text/15/7903
Please cite one other consumer product manufacturer that is bestowed the same "sole proximate cause" immunity putting 100% liability on a third party, precluding the case from even going to a jury to find the actual apportionment of fault.
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I think mental health INSTEAD of sensible gun regulation is a right-wing talking point, but plenty
Attorney in Texas
Dec 2015
#2
There isn't just a single cause, and mental health does play a role.
PersonNumber503602
Dec 2015
#45
The U.S. Assault Weapons Ban expired in 2004; the PLCAA was passed the next year. nt
SunSeeker
Dec 2015
#77
You are wrong. Those lawsuits were gaining taction. That is why the PLCAA was an NRA priority.
SunSeeker
Dec 2015
#22
The question is whether a manufacturer is liable for criminal use of their product
Scootaloo
Dec 2015
#25
A car manufacturer would still be liable for defects even if driven criminally.
SunSeeker
Dec 2015
#38
WTF? Neither of the NY labor law cases you cite involve statutory product liability immunity.
SunSeeker
Dec 2015
#47
No, read again. I asked for consumer product manufacturers that were bestowed the same immunity.
SunSeeker
Dec 2015
#49
I did. It does not affect nor even mention consumer product liability for any manufacturer.
SunSeeker
Dec 2015
#69
It's a shame, too, because that totally would've prevented these mass shootings.
arcane1
Dec 2015
#33
No, he's defending gun manufacturers who sell shit that should not be in the hands of civilians. nt
SunSeeker
Dec 2015
#51
If they "shouldn't be in the hands of citizens," get a law passed to that effect.
Lizzie Poppet
Dec 2015
#53
That IS a defective product: an unreasonably dangerous design and irresponsibly marketed. nt
SunSeeker
Dec 2015
#63
This is why Bernie Sanders will be the next President of the United States.
Major Hogwash
Dec 2015
#14
Sanders knows we have a long ways to go, not in his lifetime likely, before the
randys1
Dec 2015
#27