U.S.A. –-(Ammoland.com)- The U.S. Supreme Court Tuesday “cleared the way” for families of nine victims in the Sandy Hook Elementary School massacre in 2012 to sue Remington Arms Company, owner of Bushmaster, which manufactured the AR-15 rifle used by killer Adam Lanza to murder 26 people, most of them children.
Remington had sought review by the high court, but the court declined, allowing the case to go forward in Connecticut, but it could wind up back in federal court due to the federal Protection of Lawful Commerce in Arms Act (PLCAA).
Plaintiffs in the case have argued that Bushmaster “negligently entrusted to civilian consumers an assault rifle that is suitable for use only by military and law enforcement personnel and violated the Connecticut Unfair Trade Practices Act (CUTPA) through the sale or wrongful marketing of the rifle,” according to ABC News.
Plaintiffs’ attorney Josh Koskoff of Koskoff, Koskoff & Bieder, asserted that the Sandy Hook families have always wanted “to shed light on Remington’s calculated and profit-driven strategy to expand the AR-15 market and court high-risk users, all at the expense of Americans’ safety.”
But Fox News is reporting that the high court’s order allowing the lawsuit to move forward in Connecticut “does not mean Remington or other gun manufacturers will face any immediate liability, but it does set the stage for potential court battles over whether or not the gun industry is responsible for the Sandy Hook massacre and potentially open the door to other suits in relation to other mass shootings or murders.”
Lanza did not actually purchase the firearms used in the tragic shooting. The guns were purchased legally by his mother, Nancy Lanza, whom he murdered prior to taking her guns to the school, as noted by the New York Times in December 2012, while covering the shooting.
Fox News quoted Remington’s argument in its petition to the high court to hear the case: “The decision will have immediate and severe consequences, exposing the firearms industry to costly and burdensome litigation.”
Timothy D. Lytton, a professor at the Georgia State University College of Law, was also quoted by Fox predicting the decision will “unleash a flood of lawsuits across the country.”
Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation, which litigates against gun control laws, observed, “While the high court chose not to hear the case at this time, I am sure that if a final verdict goes against Remington it will be back before them.”
“This suit is just plain wrong and should never have been allowed to proceed,” Gottlieb added.
According to CNBC, there is an exception to the PLCAA to allow legal actions “in cases where the gun manufacturer knowingly violated the law through its marketing practices, paved the way for the families to launch their suit.”
Plaintiffs contend Remington “marketed the weapon ‘as a highly lethal weapon designed for purposes that are illegal — namely, killing other human beings,’” CNBC reported.
The argument is that the firearm was marketed in a way that “inspired Adam Lanza to commit the massacre.”
But this seems to ignore the fact that his mother was the buyer, one Washington state retailer noted Tuesday on social media.
CORRECTION: In a story reported Monday regarding a statement by Sen. Bernie Sanders, there was mention of a gun control measure in Oregon. The actual issue is Ballot Measure 40, which may be read here. Our apologies for the error and confusion.
About Dave Workman
Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms and formerly an NRA-certified firearms instructor.
Does this now,open the door,to sue vehicle manufacturers and knife manufacturers? Accidents will still make them liable.maybe even hyperdermics,homeless in California can now sue for living conditions and sanctuary cities included.or these liberal tongue-jackets could take them in to their homes,
I agree with nearly everyone here. We do need to be very vigilant and ready to defend our 2nd Amendment. I am almost certain every post on here and all pro-gun websites and organizations are under intense scrutiny at all times. Wondering what the military will do when we begin defending ourselves? Will they turn their guns on their own citizenry? What is going to become of this country?
I agree but lets at least be educated about the issue. The Connecticut supreme court already threw out five of the claims by the sandy hook victim families. What remains is a suit based on the way the gun was advertised. That is NOT analogous to Boeing advertisements, and Chevy, ford, toyota have to put fine print disclaimers for example when they advertise people driving their cars at 100 mph, or jumping over ramps etc, saying it is a professional driver on a closed course. Also what was decided by SCOTUS today is not the case, but a denial of… Read more »
A couple of years ago Toyota had a problem with their computers in the cars and they would accelerate to high speeds without warning or operator involvement. Several people were either killed or badly injured but Toyota beat the lawsuit against them. This was a design problem and they should have been responsible whereas the Bushmaster and Sandy Hook is a crazy problem and not one caused by Remington.
All Justice Roberts did was to insure the lawyers keep ripping off the defendants. Its absolutely certain that the courts and the legal profession are a giant conspiracy to prevent the common man from defending himself. They work together to stretch out any legal matter to insure they steal the biggest amount from their clients. The legal crooks have their own language and dictionary to exclude even a college grad from acting as his own lawyer. They make one pay giant fees to file lawsuits and bigger fees to defend yourself. The legal system is a racket and designed to… Read more »
Which way did each “Justice” vote?