AP

Court rules gun maker can be sued over Sandy Hook shooting

Mar 14, 2019, 10:48 AM
gun control...
FILE - In this Jan. 28, 2013, file photo, firearms training unit Detective Barbara J. Mattson, of the Connecticut State Police, holds a Bushmaster AR-15 rifle, the same make and model used by Adam Lanza in the 2012 Sandy Hook School shooting, during a hearing at the Legislative Office Building in Hartford, Conn. A divided Connecticut Supreme Court ruled, Thursday, March 14, 2019, gun maker Remington can be sued over how it marketed the Bushmaster rifle used in the massacre. (AP Photo/Jessica Hill, File)
(AP Photo/Jessica Hill, File)

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 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.

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,” 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.

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Today’s Top Stories

AP

Microsoft is cutting 10,000 workers, almost 5% of its workforce, in response to "macroeconomic cond...
MATT O'BRIEN, Associated Press

Job cuts in tech sector spread, Microsoft lays off 10,000

Microsoft said in a regulatory filing Wednesday that had just notified employees of the layoffs, some of which begin immediately.
13 days ago
exxon mobil sign pictured...
SETH BORENSTEIN and CATHY BUSSEWITZ Associated Press

Study: Exxon Mobil accurately predicted warming since 1970s

Exxon said its understanding of climate change evolved over the years and that critics are misunderstanding its earlier research.
19 days ago
FILE - Protesters, supporters of Brazil's former President Jair Bolsonaro, stand on the roof of the...
The Associated Press

Brazil and Jan. 6 in US: Parallel attacks, but not identical

RIO DE JANIERO, Brazil — Enraged protesters broke into government buildings that are the very symbol of their country’s democracy. Driven by conspiracy theories about their candidate’s loss in the last election, they smashed windows, sifted through the desks of lawmakers and trashed the highest offices in the land in a rampage that lasted hours […]
21 days ago
President Joe Biden pictured...
ZEKE MILLER AP White House Correspondent

DOJ reviewing potentially classified docs at Biden center

Special counsel to the president Richard Sauber said “a small number of documents with classified markings” were discovered at the offices of the Penn Biden Center.
22 days ago
LONDON, ENGLAND - JANUARY 06: A poster advertising the launch of Prince Harry's memoir "Spare" is s...
Jill Lawless Associated Press

Prince Harry says explosive book is a bid to ‘own my story’

Prince Harry defended his decision to publish a memoir that lays bare rifts inside Britain’s royal family.
22 days ago
utah capitol, a new bill heading to lawmakers will affect the utah sex offender registry...
HANNAH SCHOENBAUM Associated Press/Report for America

States target transgender health care in first bills of 2023

After a record flow of anti-transgender legislation last year, Republican state lawmakers this year are zeroing in on questions of bodily autonomy.
24 days ago

Sponsored Articles

Banner with Cervical Cancer Awareness Realistic Ribbon...
Intermountain Health

Five Common Causes of Cervical Cancer – and What You Can Do to Lower Your Risk

January is National Cervical Cancer Awareness month and cancer experts at Intermountain Health are working to educate women about cervical cancer, the tests that can warn women about potential cancer, and the importance of vaccination.
Kid holding a cisco fish at winterfest...
Bear Lake Convention and Visitors Bureau

Get Ready for Fun at the 2023 Bear Lake Monster Winterfest

The Bear Lake Monster Winterfest is an annual weekend event jam-packed full of fun activities the whole family can enjoy. This year the event will be held from January 27-29 at the Utah Bear Lake State Park Marina and Sunrise Resort and Event Center in Garden City, Utah. 
happy friends with sparklers at christmas dinner...
Macey's

15 Easy Christmas Dinner Ideas

We’ve scoured the web for you and narrowed down a few of our favorite Christmas dinner ideas to make your planning easy. Choose from the dishes we’ve highlighted to plan your meal or start brainstorming your own meal plan a couple of weeks before to make sure you have time to shop and prepare.
Spicy Homemade Loaded Taters Tots...
Macey's

5 Game Day Snacks for the Whole Family (with recipes!)

Try these game day snacks to make watching football at home with your family feel like a special occasion. 
Happy joyful smiling casual satisfied woman learning and communicates in sign language online using...
Sorenson

The Best Tools for Deaf and Hard-of-Hearing Workplace Success

Here are some of the best resources to make your workplace work better for Deaf and hard-of-hearing employees.
Team supporters celebrating at a tailgate party...
Macey's

8 Delicious Tailgate Foods That Require Zero Prep Work

In a hurry? These 8 tailgate foods take zero prep work, so you can fuel up and get back to what matters most: getting hyped for your favorite
Court rules gun maker can be sued over Sandy Hook shooting