A CT judge on Thursday rejected a motion to dismiss a lawsuit against the maker of a gun used in a 2012 elementary school shooting that killed 20 children and 6 adults, the Hartford Courant reports.
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“We are thrilled that the gun companies’ motion to dismiss was denied”, a lawyer for the families said.
“The families look forward to continuing…”
The suit argues that the semi-automatic rifle used in the school shooting is a military weapon and should not have been sold to civilians.
The decision by Connecticut State Judge Barbara Bellis came in advance of a key Tuesday status conference in the suit filed after the December 2012 massacre of 26 people at the Sandy Hook Elementary School. “Period”, said Clinton in a release.
The judge’s ruling is a potential blow to other gun manufacturers, which generally have broad immunity from wrongful-death litigation under the Protection of Lawful Commerce in Arms Act.
Even if next round in that fight is a renewed effort by the defendants to assert immunity under the federal law, Thursday’s ruling could prove a significant victory for the plaintiffs if, in the meantime, Bellis permits them to begin the process of “discovery”, enabling them to demand internal documents or depose gun industry officials.
The families have been pushing legal action to hold the gun companies indirectly responsible for the shootings – a claim the manufacturers believe isn’t a burden they should carry.
A message left for a lawyer representing Remington Arms was not immediately returned.
The case’s plaintiffs include the family members of several victims, including the mother of Victoria Soto, a young teacher killed while protecting her students, as well as the Barden and Hockley families, who have traveled the country urging stricter gun control legislation. The former secretary of state has made much of the fact that Sanders voted for the PLCAA, a law she says lets “irresponsible gunmakers” duck accountability.
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“Nothing can make these families whole again after losing their children and loved ones in Sandy Hook, but they deserve a president who will fight for them, and I am committed to doing just that”, Clinton said. Gun control advocates and Democratic presidential candidate Hillary Clinton have slammed the law for shielding gun companies from responsibility for the misuse of their products.
