The Sandy Hook Lawsuit Against A Gun Manufacturer Will Move Forward

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In December 2012, Adam Lanza killed 20 children and 6 adults at Sandy Hook Elementary School in Newtown, Connecticut before turning a gun on himself. Prior to this massacre, he killed own mother, who legally purchased the weapons used in the shooting spree. In the years that have followed, the families of nine of the victims have been pursuing litigation against Remington Outdoor Co, who manufactured the AR-15 assault rifle used by Lanza.

The company’s attorneys pushed for a dismissal and cited the 2005 Protection of Lawful Commerce in Arms Act law, which was lobbied for by the NRA and signed into law by George W. Bush. This legislation blocked liability against gun makers if their weapons are used to commit crimes. Now, a judge has ruled that the lawsuit can move forward against the gun maker. Superior Court Judge Barbara Bellis issued the court’s opinion:

“The Superior Court has subject matter jurisdiction over a wrongful death action where the injury arose out of conduct by the defendants. Any immunity that PLCAA may provide does not implicate this court’s subject matter jurisdiction.”

Although the AR-15 was legally sold in Connecticut, the class-action lawsuit argued that the assault rifle served “no reasonable civilian purpose” and should not have been sold by Bushmaster.

The issue of gun control is running hot for this election, especially among the Democrats. Bernie Sanders argued during the Brooklyn debate that manufacturers should not be held responsible for how people use guns after legal sales. Sanders also said he does not owe the victims’ families an apology. This doubling down occurred after Hillary Clinton called him out for an interview where he said the same. Sanders’ interest lies with the rural gun shops of Vermont, whereas Clinton’s pointing towards the guns flowing into New York from Vermont. It must be noted that Sanders believes assault rifles should banned.

After the court’s decision, Clinton released a statement to call the court’s ruling “an important step forward for these families, who are bravely fighting to hold irresponsible gun makers accountable for their actions. They deserve their day in court. Period.” She’s also tweeting to the same effect.

(Via MSNBC, NJ.com & Reuters)

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