Article on Sanders' votes on gun control [View all]

[BainsBane]

Last edited Wed May 6, 2015, 02:50 PM - Edit history (1)

He has a very troubling record. This surprises me and may have just made my decision about the primary.

But Sanders’ vote for a different kind of pro-gun bill is more puzzling—and profoundly disturbing. In 2005, a Republican-dominated Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA). This law doesn’t protect gun owners; it protects gun manufacturers, distributors, dealers, and importers. The PLCAA was the No. 1 legislative priority of the National Rifle Association for years, because it shields gun makers and dealers from most liability when their firearms are used criminally. It is one of the most noxious pieces of pro-gun legislation ever passed. And Bernie Sanders voted for it. (Sanders’ campaign has not replied to a request for comment.)

Because the PLCAA deals with tort law—not a topic of great interest for most Americans—it didn’t stir much outrage when first passed. But the act’s primary purpose is as simple as it is cold-blooded. Every state imposes liability on manufacturers who are negligent in their production and sale of products. If I crash my Prius because its accelerator malfunctions, I can sue Toyota for negligently manufacturing a faulty pedal. If my child dismembers himself with a blender at Sears, I can sue Sears for negligently leaving that blender within a child’s reach. If I get stabbed by a teenager with a switchblade, I might be able to sue the pawn shop owner who illegally sold a knife to a minor.

Before the PLCAA, most states imposed some form of tort liability on gun makers and sellers. If a gun manufacturer made an assault rifle that could slaughter dozens of people in a few seconds, for instance, one of its victims might sue the company for negligently making a gun that could foreseeably be used for mass murder. If a gun seller sold a gun to a customer without performing any kind of background check—and then the buyer opened fire on the subway—his victims might sue that seller for negligently providing a gun to a mentally unstable person. The standards in each state differed, but the bottom line remained the same: Victims of gun violence and their families could recover financially from the people and companies who negligently enabled gun violence.


The PLCAA changed all that. Remarkably, the act wiped out gun liability laws in all 50 states, rendering them invalid except for a handful of narrow exceptions. (So much for states’ rights.) Thanks to the law, victims of mass shootings are barred from suing the companies that produced a wartime weapon that no civilian could ever need. With few exceptions, victims cannot sue a gun seller for negligently providing a semiautomatic weapon to a lunatic who shoots them in a movie theater. Even if a jury decides a gun maker or seller should be liable, the PLCAA invalidates its verdict. The law tramples upon states’ rights, juries’ rights, and fundamental precepts of America’s civil justice system. And it received Bernie Sanders’ support—in both 2003 (when it was first introduced) and 2005 (when it finally passed).

http://www.slate.com/articles/news_and_politics/jurisprudence/2015/05/bernie_sanders_on_guns_vermont_independent_voted_against_gun_control_for.html