Hilary for America
January 10, 2016

Sanders Rejects Immunity for Many Major Industries -- But for Gun Manufacturers, He Makes An Exception

In 24-Hour Span in 2005, Sanders Voted To Let Lawsuits Go Forward Against Fast Food Chains, But Then To Shield Gun Manufacturers

Hillary for America on Sunday repeated its call on Senator Bernie Sanders to commit to overturning legal immunity for gun manufacturers, noting that his own record shows he usually supports holding major industries accountable. 
 
On at least six occasions in his career, Sanders has voted to let consumers hold companies accountable, making his support for immunity for the gun industry an odd exception. The contradiction was spotlighted Sunday by a new report revealing how Sanders cast conflicting votes on the issue of immunity within a 24-hour span. As a member of the U.S. House in October 2005, Sanders voted against a measure shielding the fast-food industry from plaintiffs concerned about the effect of fast food on child obesity. A day later, however, he voted in favor of a similar measure protecting the gun industry.
 
“Senator Sanders' record shows he is willing to hold most industries accountable for their abuses, but not gun manufacturers. It makes zero sense to provide an exception for the gun industry,” said John Podesta, Chair of Hillary for America. “If Senator Sanders wants to make good on his pledge to support commonsense gun safety measures, he ought to commit to fully repealing the immunity he voted to extend to the gun manufacturing industry. The NRA said this was its biggest priority in 20 years, and Senator Sanders still refuses to admit he got it wrong.”
 
 
The full background on Sanders' record is below.

Background
 
On October 19th, 2005, Bernie Sanders voted to protect the ability for obese Americans to sue food companies for their condition:
 
October 19, 2005: Sanders Voted Against "Cheeseburger Bill" To Protect Fast Food Companies From Liability. "The day before then-Vermont Congressman Bernie Sanders voted to grant the gun industry immunity from legal liability, he voted against doing the same for fast-food companies and opposed doing the same for half a dozen other industries during his time in the House, roll call records show. On October 20, 2005, Sanders voted against the Personal Responsibility in Food Consumption Act, also known as the "cheeseburger bill," aimed at protecting McDonald's and other fast-food restaurant chains from lawsuits filed by plaintiffs who blamed the companies for causing obesity." [Bloomberg, 1/10/16; HR 554, Vote #533, 10/19/05]
 
Sanders Said The Cheeseburger Bill Gave Food Companies "Legal Protection To Sell Food They Know Is Harmful To Consumers." "Sanders said the legislation goes "far beyond" protecting food corporations from frivolous lawsuits. "It gives companies legal protection to sell food they know is harmful to consumers," he said. "When food manufacturers and sellers learn that an ingredient is potentially harmful to people, they should be held accountable if they continue to use that ingredient and allow their consumers to get heart disease or other illnesses as a result."" [Brattleboro Reformer, 10/20/05]
 
 
The very next day on October 20th, 2005, Sanders voted to protect immunity for negligent gun manufacturers and sellers from lawsuits brought by victims of gun violence:
 
The Next Day, Sanders Voted For The Protection of Lawful Commerce in Arms Act To Protect Gun Manufacturers And Sellers From Liability. “On October 20, 2005, Sanders voted against the Personal Responsibility in Food Consumption Act, also known as the "cheeseburger bill," aimed at protecting McDonald's and other fast-food restaurant chains from lawsuits filed by plaintiffs who blamed the companies for causing obesity. The next day, he voted in favor of protecting gun manufacturers and sellers from lawsuits.” [Bloomberg, 1/10/16; S 397, Vote #53410/20/05]
 
Sanders Also Voted For Passage Of 2003 Version Of Protection of Lawful Commerce in Arms Act. [CQ Floor Votes; House Vote #124, 4/9/2003]
 
The parallels between the votes were abundantly clear, and touted as joint successes by top Republicans:
 
Rep. Tom DeLay Said Taken Together, The Cheeseburger And Gun Liability Bills Protected America's Legal System. "Mr. DeLay issued a statement calling the gun bill an important step toward revamping the nation's tort law system. On Wednesday, the House passed another measure, the so-called cheeseburger bill, which protects the restaurant industry from obesity-related lawsuits. Taken together, Mr. DeLay said, the bills "protect America's legal system for genuine plaintiffs."" [New York Times, 10/21/05]
 
Los Angeles Times: Both Bills Were Driven By A Larger Effort By Republicans To Shield Industries From Litigation. "Concern in Washington about lawsuits in general also is driving the bill, which cleared the House days before Congress also granted gun makers immunity from injury lawsuits. Both are part of a larger effort by Republicans to shield certain industries from litigation. The president, for example, submitted a bill to Congress last week that would protect producers and distributors of emergency vaccines from injury suits except in cases of "willful misconduct." "There is a growing feeling that if this trend continues, every major industry would be immune" from lawsuits, said Jonathan Turley, a George Washington University law professor. A dozen other industries, such as those that make airplanes and weight-reduction products, could make the same arguments raised by gun makers and fast-food restaurants, he said." [Los Angeles Times, 11/15/05]

The NRA touted the gun manufacturer and sellers' immunity bill as a monumental victory:

 
The NRA's Wayne LaPierre Called The Signing Of The PLCAA "An Historic Day For Freedom" And Said The Bill Was "The Most Significant Piece Of Pro-Gun Legislation In Twenty Years." "President George W. Bush today signed into law the National Rifle Association (NRA)-backed "Protection of Lawful Commerce in Arms Act" (S. 397) ending politically motivated lawsuits designed to bankrupt law-abiding American firearm manufacturers and retailers. S. 397 passed both chambers in Congress with broad bipartisan support. "This is an historic day for freedom. I would like to thank President Bush for signing the most significant piece of pro-gun legislation in twenty years into law. History will show that this law helped save the American firearms industry from collapse under the burden of these ruinous and politically motivated lawsuits," said Wayne LaPierre, NRA’s executive vice president." [NRA Press Release, 10/26/05]
 
Yahoo Columnist: “On The Two Most Meaningful Pieces Of Gun Legislation In American History […] Sanders Came Out On The Side Of [The Gun] Industry.” “On the two most meaningful pieces of gun legislation in American history — one that is the foundation for federal gun restrictions, and the other a clear effort by lobbyists to use their muscle to subvert the legal process — Sanders came out on the side of industry. Whatever other votes he’s taken since becoming a senator (including one to extend Brady to private sellers at gun shows) have to be considered less consequential.” [Matt Bai, Yahoo, 1/7/16]
 
 
And it's not just food chains. Here are some other non-firearm industries that Bernie Sanders wanted to ensure Americans could hold accountable:
 
·         Telemarketers [CQ vote report; House vote #45, 3/2/93]
·         Underperforming corporations [CQ vote report; House vote #208, 3/7/95]
·         Health insurers [CQ vote report; House vote #336, 7/24/98]
·         Machine tool manufacturers [CQ vote report; House vote #7,2/2/00]
·         Dietary supplement makers [CQ vote report; House vote #532, 10/19/05]
 
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For Immediate Release, January 10, 2016
Bernie 2016
January 8, 2016
Contact: Michael Briggs

Sanders Supports President Obama on Gun Safety

TOLEDO, Iowa – U.S. Sen. Bernie Sanders on Friday reiterated his support for President Barack Obama’s executive actions on gun safety.

“Senator Sanders strongly supports the president’s executive actions on gun safety,” said Jeff Weaver, Sanders’ campaign manager. Throughout his career in Congress, Sanders has voted for strong gun safety measures, including a ban on assault weapons, improved background checks and eliminating the gun-show loophole. As the senator has said before, he thinks Congress should re-examine a law on manufacturers’ liability, Weaver added.

“Bernie has been a consistent supporter of gun safety legislation since he lost his first bid for Congress in a campaign in which he supported an assault weapons ban. The National Rifle Association has given him grades of D- and F.

“Former Secretary of State Hillary Clinton, on the other hand, has a record of flip flops on – among other issues – gun safety,” Weaver added. “Today she’s attacking Bernie on guns. Eight years ago she attacked Barack Obama on guns.”

When she was a candidate for the Senate in 2000, she said she favored licensing everyone who buys a gun and establishing a registry of all handgun sales. But by the time she was running president in 2008, she said that federal “blanket rules” on guns no longer made sense to her.

At one point in that 2008 campaign, she even attacked then-Sen. Barack Obama as “elitist and out of touch” over what she called his “demeaning remarks” about gun owners. In fact, she even sent out a pamphlet attacking Obama for being too strong on gun control. He reacted to her over-the-top rhetoric by accusing her of acting like "Annie Oakley ... packin' a six-shooter."

“Maybe Secretary Clinton should apologize for attacking the president in 2008 because he was too strong on gun control,” Weaver said. “As is the case with so many issues on which she has flip flopped, voters have to ask themselves which Hillary Clinton is asking for their vote,” Weaver added.

To read a Clinton attack on Barack Obama on guns, click here.
To watch Obama talk about Clinton and guns, click here.
 
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January 8, 2016

Hillary for America Officials to Respond to Senator Sanders’ False Claim of ‘Zero Daylight’ Between Him and President Obama on Guns

**Media Interested in Participating Should RSVP for Dial-In Number Here**

Hillary for America Chair John Podesta and National Press Secretary Brian Fallon will hold a press conference call today at 3:15 pm EST to respond to Sen. Bernie Sanders’s campaign’s misrepresentation of his record on guns. Earlier today, Sanders campaign officials claimed there was “zero daylight” between Sanders and President Obama on gun safety.
 
The Sanders campaign made the comments in light of President Obama’s New York Times op-ed today that said, “I will not campaign for, vote for or support any candidate, even in my own party, who does not support common-sense gun reform.”
 
The op-ed restated the President’s support for holding gun manufacturers accountable for their actions. In 2005, Obama and Hillary Clinton stood together to vote in the Senate to deny immunity for manufacturers. But Sanders that year broke with them to support immunity – his second such vote as a member of the U.S. House of Representatives. As recently as December, Sanders defended the vote, and his campaign manager has said he would likely vote for it again.
 
Press Conference Call on Sen. Bernie Sanders’ Gun Record
 
WHO: Hillary for America Chair John Podesta and National Press Secretary Brian Fallon
 
WHEN: 3:15 PM EST
 
DIAL-IN NUMBER: Press interested in participating in the conference call should RSVP for dial-in information here.