Clinton: Gun industry is 'wholly protected' from all lawsuits - Politifact rating: False

[Cheese Sandwich]

At the first Democratic debate of the 2016 presidential race, former Secretary of State Hillary Clinton criticized opponent Sen. Bernie Sanders, I-Vt., for supporting a 2005 law that shields the gun industry from certain lawsuits.

Clinton voted against this law when she was a senator, and she has lambasted it several times on the campaign trail this month.

"Probably one of the most egregious, wrong, pieces of legislation that ever passed the Congress when it comes to this issue is to protect gun sellers and gun makers from liability," she said in Iowa Oct. 7. "They are the only business in America that is wholly protected from any kind of liability. They can sell a gun to someone they know they shouldn't, and they won't be sued. There will be no consequences."

Is Clinton right? Are gun makers and dealers "wholly protected" against any kind of lawsuit, and do no other industries have similar immunities? Short answer: No. The gun industry is susceptible to some lawsuits, and there are federal laws restricting liability for a number of other types of businesses.

As support, Clinton’s staff sent us a public health journal article that argues the gun industry’s "broad immunity" against litigation inhibits safe manufacturing and distribution of firearms, though it does not directly address her claim.
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more: http://www.politifact.com/truth-o-meter/statements/2015/oct/16/hillary-clinton/clinton-gun-industry-wholly-protected-all-lawsuits/

[PoliticAverse]

1. As evidenced by...

http://www.democraticunderground.com/?com=view_post&forum=1014&pid=1232971

[Cheese Sandwich]

3. Thanks. Negligent sellers can already be sued apparently. nt

[Duckhunter935]

2. Of course what she said is false and should

rate pants on fire. There are exceptions as we have been saying all along.

There are six exceptions to the blanket civil immunity provided by the PLCAA:

(1) an action brought against someone convicted of “knowingly transfer[ing] a firearm, knowing that such firearm will be used to commit a crime of violence” by someone directly harmed by such unlawful conduct;

(2) an action brought against a seller for negligent entrustment or negligence per se;

(3) 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;3

(4) an action for breach of contract or warranty in connection with the purchase of the product;

(5) 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

(6) an action commenced by the Attorney General to enforce the Gun Control Act or the National Firearms Act.4

http://smartgunlaws.org/gun-industry-immunity-policy-summary/

Not to mention firearms manufacturers cannot by federal law sell directly to the public.

[Cheese Sandwich]

5. That's good to know.

I don't mind a candidate having their own views on gun control but it's always nice if they can at least be honest.

[Mojorabbit]

6. +1000 nt

[Doctor_J]

4. Mrs Clinton finds facts too confining

This was probably a ham handed attempt to bring up Sanders vote on guns way back when.

[silenttigersong]

7. Thanks

This issue is so complex ,it is no easily debated on a stage.

[SoapBox]

8. I agree!

It IS a complex issue and there is no answer to the mess we're in, in one simple sentence.

Americans need to figure that out.

[Cheese Sandwich]

11. you bet

[davidpdx]

9. No huge surprise

She'll say anything or take any position to get elected.

[Cheese Sandwich]

10. +1 no doubt.

[aikoaiko]

12. This explains why she didn't find it a complicated law when she voted against it. She didn't read it

Or maybe she didn't understand it. I'm not sure which is better for her.

Maybe she'll evolve.

[olddots]

13. Hillary has always had a motto

"Whats In It For Me ?" The gun issue is as complex as America's checkered past . The American Revolution was won with stolen guns and guns may be America's devolution .Clinton and Sanders are not owned by the gun lobby so pitting them against each other on an issue they are both concerned about is futile .