A lawsuit can proceed against the maker of the gun used in the 2012 shooting at Sandy Hook Elementary School that left 20 children and 6 adults dead, a Connecticut judge ruled on Thursday.
Bushmaster, manufacturer of the AR-15 assault weapon used in the assault in Newtown, Connecticut, had asked a judge to dismiss the lawsuit, saying it was protected by a 2005 federal law blocking lawsuits against gunmakers when their products were used in the commission of crimes.
The lawsuit was filed in 2014 by the families of nine of the people who were killed.
Superior Court Judge Barbara Bellis declined to dismiss it, saying the gunmaker, a unit of Madison, North Carolina-based Freedom Group Inc, had not proven that the Protection of Lawful Commerce in Arms Act stopped her from hearing the case.
“The Superior Court has subject matter jurisdiction over a wrongful death action where the injury arose out of conduct by the defendants,” Bellis wrote. “Any immunity that PLCAA may provide does not implicate this court’s subject matter jurisdiction.”
The lawsuit seeks unspecified financial damages. It argues that the legally purchased AR-15 used by Adam Lanza in the attack should never have been sold because it had no reasonable civilian purpose.
Attorney Josh Koskoff, representing the families, welcomed the judge’s decision and said in a statement, “The families look forward to continuing their fight in court.”
An attorney for Bushmaster could not be reached for comment.
Lanza, 20, ended his attack by turning his gun on himself. Before going to the school, he fatally shot his mother, Nancy, who had bought the gun.
After the shooting, Connecticut’s Democratic governor, Dannel Malloy, pushed through one of the strictest gun laws in the United States, banning more than 100 types of military-style rifles and limiting ammunition magazines to 10 bullets.
Modified versions of the AR-15 are legal in Connecticut.
(Reporting by Scott Malone in Boston; Editing by Toni Reinhold)
From George Floyd to Chris Cooper: A racism researcher explains the ‘terror’ facing Black people in America
“I can’t breathe” — that’s what George Floyd, an unarmed African American man, repeatedly told a white Minneapolis police officer who pinned him to the ground Monday with a knee to his neck. Video of the police attack went viral. Now four officers have been fired. This comes as another video went viral of a white woman calling the cops on a Black man in New York City’s Central Park and falsely accusing him of “threatening her life” after he asked her to leash her dog. We discuss these developments and more with Ibram X. Kendi, founding director of the Antiracist Research and Policy Center at American University and National Book Award–winning author of “Stamped from the Beginning: The Definitive History of Racist Ideas in America” and “How to Be an Antiracist.”
George Floyd’s sister: Cops who killed my brother ‘should be in jail for murder’
The sister of a black man who died after a police officer pressed his knee into his neck for at least eight minutes is speaking out, saying that she wants to see the officers involved prosecuted for nothing less than murder.
“Me and my family are taking this very, very hard," Bridgett Floyd said on the TODAY show Wednesday, speaking on behalf of her deceased brother, George Floyd."It’s very heartbreaking, it’s very disturbing."
"I would like for those officers to be charged with murder because that’s exactly what they did. They murdered my brother; he was crying for help,"she added.
Black family smeared as drug dealers in viral post after hosting at-home funeral for teen killed in crash
A black family in Michigan was publicly accused of dealing drugs after hosting an at-home funeral for their teenage daughter.
Then, on May 20, someone posted a map to their home on Craigslist and accused the family of dealing drugs -- and littered the message with racial slurs.