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Littlepawkitty

(20 posts)
137. Do you even know what the PLCAA says?
Tue Oct 18, 2016, 06:27 PM
Oct 2016

Here you go:

(5) Qualified civil liability action
(A) In generalThe 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—
(i) an action brought against a transferor convicted under section 924(h) of title 18, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted;
(ii) an action brought against a seller for negligent entrustment or negligence per se;
(iii) an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought, including—
(I) any case in which the manufacturer or seller knowingly made any false entry in, or failed to make appropriate entry in, any record required to be kept under Federal or State law with respect to the qualified product, or aided, abetted, or conspired with any person in making any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale or other disposition of a qualified product; or
(II) any case in which the manufacturer or seller aided, abetted, or conspired with any other person to sell or otherwise dispose of a qualified product, knowing, or having reasonable cause to believe, that the actual buyer of the qualified product was prohibited from possessing or receiving a firearm or ammunition under subsection (g) or (n) of section 922 of title 18;
(iv) an action for breach of contract or warranty in connection with the purchase of the product;
(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; or
(vi) an action or proceeding commenced by the Attorney General to enforce the provisions of chapter 44 of title 18 or chapter 53 of title 26.


So... it says that if a gun manufacturer (dealer, etc) breaks a law, they can be held liable. If they sell a defective product, they can be held liable....

they can't be sued because Bobby Smith legally purchased a weapon, after passing the background checks etc, and then uses the gun in an illegal fashion.


https://www.law.cornell.edu/uscode/text/15/7903

It appears that you want to be able to sue gun manufacturers for..making guns.
As predictable as ants in a dove field.... Eleanors38 Oct 2016 #1
I have never heard that saying before underpants Oct 2016 #26
First time I've heard it too. NaturalHigh Oct 2016 #52
Be sure where you place your killed doves -- the ants find them, fast. Eleanors38 Oct 2016 #113
Yea that protection needs to go Ohioblue22 Oct 2016 #2
Why is that? n/t discntnt_irny_srcsm Oct 2016 #3
Trumped up lawsuits? JonathanRackham Oct 2016 #4
The person to whom I responded... discntnt_irny_srcsm Oct 2016 #5
Why? Because it gives this ONE industry in our country immunity against law suits and BlueCaliDem Oct 2016 #27
The law allows you to sue gun manufacturers hack89 Oct 2016 #35
Not quite. branford Oct 2016 #36
Glad to see you posting again Duckhunter935 Oct 2016 #40
Thanks. branford Oct 2016 #44
Bullshit. What's not fair is that arms manufacturers are allowed to kill our kids with impunity stone space Oct 2016 #97
How many drunk driving victims have auto manufacturers killed? friendly_iconoclast Oct 2016 #107
Post removed Post removed Nov 2016 #148
But... discntnt_irny_srcsm Nov 2016 #149
re: "Bullshit" discntnt_irny_srcsm Oct 2016 #109
I would like to learn more about the "Arms manufacturings killing kids and crying like a victim." Littlepawkitty Oct 2016 #116
It's easy if you accept the NRA as the mouthpiece for them... fleabiscuit Oct 2016 #117
So... Littlepawkitty Oct 2016 #118
So... fleabiscuit Oct 2016 #119
they are not fighting the technology, gejohnston Oct 2016 #120
Non Sequitur. fleabiscuit Oct 2016 #121
A bit Littlepawkitty Oct 2016 #123
the technology doesn't exist gejohnston Oct 2016 #126
Microstamping is already being used. fleabiscuit Oct 2016 #127
Where Littlepawkitty Oct 2016 #128
not on ammuntion, gejohnston Oct 2016 #129
Used for what? beevul Oct 2016 #136
I suggest you read up a bit discntnt_irny_srcsm Oct 2016 #139
And this is why we get nowwhere Travis_0004 Oct 2016 #132
"able to be overridden by legal authority" Nuclear Unicorn Oct 2016 #145
Once more... Littlepawkitty Oct 2016 #122
Again... fleabiscuit Oct 2016 #124
The guns weren't defective Littlepawkitty Oct 2016 #125
Less than 100 kids under 15yoa are killed by gun accidents each year... Eleanors38 Oct 2016 #141
Results discntnt_irny_srcsm Oct 2016 #142
Even the virulently anti-gun WaPo owns up to a figure of 84 accidental deaths in 2015... Eleanors38 Oct 2016 #143
CDCs WISQARS goes to 2014 discntnt_irny_srcsm Oct 2016 #144
The "doubt" about CDC research serves more as a tip-off to the gross slant an article takes... Eleanors38 Oct 2016 #147
There are 6 exceptions Duckhunter935 Oct 2016 #39
(A) Please point to a suit or instance where... discntnt_irny_srcsm Oct 2016 #45
I'm not on trial here, pal. You don't get to do deposition here with me. Awful, huh? BlueCaliDem Oct 2016 #48
thanks for the non sequitur discntnt_irny_srcsm Oct 2016 #49
Post removed Post removed Oct 2016 #50
"The PLCAA is on trial" ? branford Oct 2016 #51
Did someone say you were? beevul Oct 2016 #54
Do you even know what the PLCAA says? Littlepawkitty Oct 2016 #137
federal laws don't necessarily supersede state laws, gejohnston Oct 2016 #60
Yes, it does - according to Article VI of the U.S. Constitution. Always. BlueCaliDem Oct 2016 #62
it was without merit because gejohnston Oct 2016 #63
Unless you've seen all the evidence that Plaintiff planned to introduce, neither you nor I can say BlueCaliDem Oct 2016 #75
I know the evidence, gejohnston Oct 2016 #78
Thanks for your opinion. I wasn't asking for it, but thanks anyhow. BlueCaliDem Oct 2016 #80
What evidence? branford Oct 2016 #85
I'll take "what this guy said" Littlepawkitty Oct 2016 #140
False. Remington or any other gun seller is subject to product liability actions. Eleanors38 Oct 2016 #114
Why? Nancyswidower Oct 2016 #6
Because until they can get sued the won't do a thing about making them safer Ohioblue22 Oct 2016 #9
no it isn't gejohnston Oct 2016 #12
Maybe your correct there's just no way to make them Ohioblue22 Oct 2016 #24
They fight like hell about mandates for technology Duckhunter935 Oct 2016 #28
I'm all for choice but but kids don't get to have heroin Ohioblue22 Oct 2016 #31
You can own a tank Duckhunter935 Oct 2016 #33
Yes, you can indeed own a tank. beevul Oct 2016 #55
The technology does work. deathrind Oct 2016 #81
Gun rights proponents see the technology as a threat branford Oct 2016 #89
no. gejohnston Oct 2016 #29
Please spare me the false equivalence examples Ohioblue22 Oct 2016 #32
I do not think lawn darts Duckhunter935 Oct 2016 #34
Lawn Darts aren't mentioned in Holy Scripture, huh? stone space Oct 2016 #61
Post removed Post removed Oct 2016 #86
Why are you posting Libertarian propoganda here on DU? stone space Oct 2016 #91
Post removed Post removed Oct 2016 #93
Not interested on your Libertarian propoganda videos. Go away. stone space Oct 2016 #94
Right depends on interpretation. the 2a only applied to a militia if it was needed to secure a free Ohioblue22 Oct 2016 #100
It is rather clear that the Founders intended everyone to be "the militia" discntnt_irny_srcsm Oct 2016 #101
Parts of the Constitution don't go extinct hack89 Oct 2016 #104
The Second Amendment is not the issue. branford Oct 2016 #37
there is no false equivalence. gejohnston Oct 2016 #57
You make good points. deathrind Oct 2016 #83
Safe? Straw Man Oct 2016 #53
Good Lord! The product pumped bullet after bullet into child after child. stone space Oct 2016 #58
That was the individual that did that. beevul Oct 2016 #66
What is it you find funniest about children's bodies being pumped with bullets from an AR-15? stone space Oct 2016 #68
What is it you find honest about falsely attributing the source of my humor? beevul Oct 2016 #70
You chose a post about bullets being pumped into children and laughed. stone space Oct 2016 #84
The NRA was not a defendant in the Sandy Hook lawsuit branford Oct 2016 #87
Fuck the NRA, fuck the PLCAA, and fuck the NRA's sexual predator candidate. stone space Oct 2016 #88
You obviously missed the point of my entire post. branford Oct 2016 #90
It's the NRA that is trying to force a sexual predator on America. stone space Oct 2016 #92
You appear to be confusing the First and Second Amendment and branford Oct 2016 #95
Significant numbers of people disagree with the NRA on their support of sexual assault. stone space Oct 2016 #96
Uh-oh. Sounds like a clams casino moment. Eleanors38 Oct 2016 #115
Thats a very poor attempt at spin. Heres why. beevul Oct 2016 #102
Clearly you don't understand what "product liability" means. Straw Man Oct 2016 #108
re: :...your persistent distortion of logic is starting..." discntnt_irny_srcsm Oct 2016 #110
The small-caliber competition rifle that the Newtown shooter stole from his mother.... benEzra Oct 2016 #23
I *mostly* agree. branford Oct 2016 #38
Further wasted effort, distraction and pandering discntnt_irny_srcsm Oct 2016 #99
A little good news in these dark days... ileus Oct 2016 #103
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