Connecticut: Off Again-On Again Lawsuit Against Remington Arms is Back On
In April of 2016, a Connecticut Court ruled that the families of children lost in the Sandy Hook shooting could sue Remington Arms. In October of that year a different Connecticut judge dismissed the lawsuit because of the 2005 Federal Law. Remington Arms filed for bankruptcy in 2018 due in part from all the lawsuits. Now, the Connecticut Supreme Court has ruled that the lawsuit can go forward…the marketing part of the suit according to NBC.
Most of the lawsuit’s claims were still dismissed because of the 2005 Federal law that manufacturers of firearms can’t be held accountable for criminal use. But one aspect, the claim of marketing the Bushmaster XM15-E2S to young people, was allowed to go forward.
“The regulation of advertising that threatens the public’s health, safety, and morals has long been considered a core exercise of the states’ police powers.” Justice Richard Palmer
The ruling opens the door to more lawsuits against firearms manufacturers by using a ‘work-around-the-law’ technique against their marketing practices. The plan? Drive gun manufacturers out of business. And with this new pathway forward, they could actually cause serious damage to the firearm industry.
The ruling was by no means unanimous and the final count was 4-3. The ruling is ridiculous in the first place: Adam Lanza did not legally or illegally purchase the Bushmaster used in the murders of 20 first-graders and 6 staff in Newtown, CT. He murdered his own mother and stole HER Bushmaster. The firearm was not “marketed” to him – the entire argument is irrelevant.
The argument that AR platform guns are “military” weapons is also irrelevant, but absolutely no one has any clue. They only use emotional arguments to sway others away from the bottom line: human error and mental issues.
Egregious, frivolous lawsuits like this have one purpose: revenge against a firearms manufacturer in order to show that they are bad, nasty people who make guns. Now we’ll be seeing more of them. The entire purpose of the 2005 Protection of Lawful Commerce in Arms Act was to prevent such vengeful lawsuits. Looks like the Connecticut Supreme Court just deleted a federal law.
Hopefully Remington will find a way to get this to the US Supreme Court.