The families of victims of the Sandy Hook school shooting have been cleared to sue the maker of the gun used in the massacre, a court has ruled.
The Connecticut Supreme Court today narrowly reversed an earlier decision by a lower court judge that had prevented them from taking legal action against Remington.
The gun maker manufactured the gun, an AR-15, used to kill 26 people, including 20 children, at Sandy Hook Elementary School in December 2012.
The decision allows families to now sue over how it marketed the Bushmaster rifle In their ruling, Justice Richard Palmer wrote: “Following a scrupulous review of the text and legislative history of we also conclude that Congress has not clearly manifested an intent to extinguish the traditional authority of our legislature and our courts to protect the people of Connecticut from the pernicious practices alleged in the present case.
“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.”
“Accordingly, on the basis of that limited theory, we conclude that the plaintiffs have pleaded allegations sufficient to survive a motion to strike and are entitled to have the opportunity to prove their wrongful marketing allegations.”
A Superior Court judge in Bridgeport, Connecticut, had previously dismissed the 2016 claim agreeing with Remington’s lawyers the lawsuit “falls squarely within the broad immunity” provided to gun manufacturers and dealers by the arms act.
A survivor and relatives of nine people killed in the massacre filed the lawsuit arguing the rifle used by killer Adam Lanza is too dangerous for the public and Remington glorified the weapon in marketing it to young people.
Lanza was 20-years-old when he killed his mother in their Newtown home before storming the nearby elementary school he had attended and opened fire.