Please ensure Javascript is enabled for purposes of website accessibility
Court Rules Gun Maker Can Be Sued Over Sandy Hook Shooting
gvw_ap_news
By Associated Press
Published 6 years ago on
March 14, 2019

Share

HARTFORD, Conn. — Gun maker Remington can be sued over how it marketed the Bushmaster rifle used to kill 20 children and six educators at Sandy Hook Elementary School in 2012, a divided Connecticut Supreme Court ruled Thursday.

Justices issued a 4-3 decision that reinstated a wrongful death lawsuit and overturned a lower court ruling that the lawsuit was prohibited by a 2005 federal law that shields gun manufacturers from liability in most cases when their products are used in crimes.

“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 plaintiffs include a survivor and relatives of nine people killed in the massacre. They argue the AR-15-style rifle used by shooter Adam Lanza is too dangerous for the public and Remington glorified the weapon in marketing it to young people.

Remington has denied wrongdoing and previously insisted it can’t be sued under the federal law.

The majority of the high court agreed with most of the lower court’s ruling and dismissed most of the lawsuit’s allegations, but allowed a wrongful marketing claim to proceed.

“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 wrote for the majority.

Lanza, 20, shot his way into the locked school in Newtown on Dec. 14, 2012, and killed 20 first-graders and six educators with a Bushmaster XM15-E2S rifle, similar to an AR-15. He shot his mother to death in their Newtown home beforehand, and killed himself as police arrived at the school.

Military-Style Rifles Have Been Used in Many Other Mass Shootings

Connecticut’s child advocate said Lanza’s severe and deteriorating mental health problems, his preoccupation with violence and access to his mother’s legal weapons “proved a recipe for mass murder.”

Joshua Koskoff, a lawyer for the plaintiffs, told the state Supreme Court during arguments in November 2017 the Bushmaster rifle and other AR-15-style rifles were designed as military killing machines and should never have been sold to the public.

“The families’ goal has always been 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. Today’s decision is a critical step toward achieving that goal.” — Joshua Koskoff, a lawyer for the plaintiffs

“The families’ goal has always been 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,” Koskoff said Thursday. “Today’s decision is a critical step toward achieving that goal.”

Military-style rifles have been used in many other mass shootings, including in Las Vegas in October 2017 when 58 people were killed and hundreds more injured.

The case was watched by gun rights supporters and gun control advocates across the country as one that could affect other cases accusing gun-makers of being responsible for mass shootings. Several groups, ranging from the National Rifle Association to emergency room doctors, submitted briefs to the court.

The 2005 federal law, named the Protection of Lawful Commerce in Arms Act, has been cited by other courts that rejected lawsuits against gun makers and dealers in other high-profile shooting attacks, including the 2012 Colorado movie theater shooting and the Washington, D.C., sniper shootings in 2002.

James Vogts, a lawyer for Remington, has cited the 2005 federal law and previously said the Bushmaster rifle is a legal firearm used by millions of people for hunting, self-defense and target shooting.

Remington, based in Madison, North Carolina, filed for bankruptcy reorganization last year amid years of slumping sales and legal and financial pressure over the Sandy Hook school massacre.

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Cassie Testifies in Sean ‘Diddy’ Combs Sex Trafficking Trial. What to Know About the Star Witness

DON'T MISS

Once in Sync, Trump and Netanyahu Now Show Signs of Division

DON'T MISS

Has the California Dream Become a Mirage?

DON'T MISS

Valley Crime Stoppers’ Most Wanted Person of the Day: Jeffrey Allen Burrus

DON'T MISS

Jayson Tatum Carried off Floor With Right Leg Injury and Celtics Star Will Have MRI

DON'T MISS

Dallas Mavericks Win the NBA Draft Lottery, Eye Cooper Flagg for No. 1 Pick

DON'T MISS

Edwards, Randle Lead the Way Again as Timberwolves Beat Warriors

DON'T MISS

RFK Jr. Swims in Washington Creek Filled With Sewage and Bacteria

DON'T MISS

‘Click It or Ticket’ Underway in Fresno. How Does It Impact Drivers, Passengers?

DON'T MISS

Corbin Carroll Homers Twice off Justin Verlander and the Diamondbacks Beat the Giants

UP NEXT

Jayson Tatum Carried off Floor With Right Leg Injury and Celtics Star Will Have MRI

UP NEXT

Dallas Mavericks Win the NBA Draft Lottery, Eye Cooper Flagg for No. 1 Pick

UP NEXT

US Inflation Stable Before Expected Jump From Tariffs

UP NEXT

Trump Plans to Accept Luxury 747 From Qatar to Use as Air Force One

UP NEXT

‘The Studio’ Knows the Real Reason Movies Are Bad

UP NEXT

India and Pakistan Agree to a Ceasefire After Their Worst Military Escalation in Decades

UP NEXT

Ukraine and Allies Urge Putin to Commit to a 30-Day Ceasefire or Face New Sanctions

UP NEXT

Israeli Airstrikes Kill 23 in Gaza as Outcry Over Aid Blockade Grows

UP NEXT

Experts Call Kennedy’s Plan to find Autism’s Cause Unrealistic

UP NEXT

Summer Movie Guide 2025: Here’s What’s Coming to Theaters and Streaming From May to August

Valley Crime Stoppers’ Most Wanted Person of the Day: Jeffrey Allen Burrus

1 hour ago

Jayson Tatum Carried off Floor With Right Leg Injury and Celtics Star Will Have MRI

1 hour ago

Dallas Mavericks Win the NBA Draft Lottery, Eye Cooper Flagg for No. 1 Pick

1 hour ago

Edwards, Randle Lead the Way Again as Timberwolves Beat Warriors

1 hour ago

RFK Jr. Swims in Washington Creek Filled With Sewage and Bacteria

1 hour ago

‘Click It or Ticket’ Underway in Fresno. How Does It Impact Drivers, Passengers?

2 hours ago

Corbin Carroll Homers Twice off Justin Verlander and the Diamondbacks Beat the Giants

2 hours ago

Trump Envoys See Better Chance for Hostage Release in Gaza

2 hours ago

US Inflation Stable Before Expected Jump From Tariffs

2 hours ago

Trump Administration Terminates Another $450 Million in Grants to Harvard

2 hours ago

Cassie Testifies in Sean ‘Diddy’ Combs Sex Trafficking Trial. What to Know About the Star Witness

NEW YORK — Casandra Ventura, the R&B singer and actor known simply as Cassie, began testifying Tuesday in Sean “Diddy” Combs...

4 minutes ago

4 minutes ago

Cassie Testifies in Sean ‘Diddy’ Combs Sex Trafficking Trial. What to Know About the Star Witness

President Donald Trump, right, meets with Prime Minister Benjamin Netanyahu of Israel in the Oval Office of the White House in Washington, Feb. 4, 2025. Both men are politically divisive, fiercely combative and have outsize egos but as Trump arrives in the Middle East next week, the fate of the region could hinge on their relationship. (Eric Lee/The New York Times)
19 minutes ago

Once in Sync, Trump and Netanyahu Now Show Signs of Division

35 minutes ago

Has the California Dream Become a Mirage?

Jeffrey Allen Burrus is Valley Crime Stoppers' Most Wanted Person of the Day for May 13, 2025. (Valley Crimes Stoppers)
1 hour ago

Valley Crime Stoppers’ Most Wanted Person of the Day: Jeffrey Allen Burrus

1 hour ago

Jayson Tatum Carried off Floor With Right Leg Injury and Celtics Star Will Have MRI

1 hour ago

Dallas Mavericks Win the NBA Draft Lottery, Eye Cooper Flagg for No. 1 Pick

1 hour ago

Edwards, Randle Lead the Way Again as Timberwolves Beat Warriors

RFK Jr.
1 hour ago

RFK Jr. Swims in Washington Creek Filled With Sewage and Bacteria

Help continue the work that gets you the news that matters most.

Search

Send this to a friend