HARTFORD, Conn. (AP) With each gun rights supporters and gun management advocates nationwide wanting on, legal professionals for Newtown households and gun maker Remington Arms are set to face off Tuesday earlier than the Connecticut Supreme Courtroom to argue whether or not the corporate ought to be held chargeable for the Sandy Hook Elementary Faculty bloodbath.
Gunman Adam Lanza killed 20 first-graders and 6 educators on Dec. 14, 2012, with a Bushmaster AR-15-fashion rifle, the identical sort of firearm utilized in different mass shootings together with at a church in Sutherland Springs, Texas, earlier this month. Lanza additionally fatally shot his mom at their Newtown residence and killed himself as police arrived on the faculty.
Legal professionals for a survivor and family members of 9 individuals killed in Newtown sued Bushmaster maker Remington, saying such a harmful weapon initially designed for the army ought to have by no means been marketed and bought to the general public. The Madison, North Carolina-based mostly firm counters that the rifles are authorized and the lawsuit isn’t allowed beneath federal regulation.
A decrease Connecticut courtroom decide agreed with Remington and dismissed the lawsuit in October 2016, citing the 2005 federal Safety of Lawful Commerce in Arms Act that shields gun makers normally from legal responsibility over legal use of their merchandise. The ruling led to the state Supreme Courtroom attraction.
The excessive courtroom’s ruling, which is not anticipated for a number of months, will not set a nationwide authorized precedent, however could possibly be cited in comparable future lawsuits in different states, authorized specialists say.
The case has drawn nationwide consideration. The Nationwide Rifle Affiliation and different gun rights supporters have submitted authorized briefs, as have gun management advocates.
The plaintiffs’ legal professionals will ask the courtroom to reinstate the lawsuit. They are saying it’s allowed beneath an exemption to the federal regulation for widespread regulation “negligent entrustment,” saying Remington entrusted to the general public a product it knew, or ought to have recognized, might be used to injure others. Additionally they say Remington violated a Connecticut regulation towards unfair gross sales and advertising practices.
“Nothing will ever deliver again my son, Dylan, or the opposite lives stolen from us on that terrible day,” Nicole Hockley stated final yr when the attraction was filed. “Our solely aim in bringing this attraction is to assist forestall the subsequent Sandy Hook from occurring.”
Attorneys for Remington have stated the rifle utilized in Newtown was legally made, legally distributed and legally bought…